Article 3. Procedures for suspension and reduction of working hours for economic, technical, organizational and production reasons related to COVID-19.
1. The temporary regulation of employment procedures based on economic, technical, organizational and production causes linked to Covid-19 initiated after the entry into force of this royal decree-law and until January 31, 2021, will result Article 23 of Royal Decree-Law 8/2020, of March 17, with the specialties included in this precept applies.
2. The processing of these files may be initiated while a temporary employment regulation file referred to in article 1 is in force.
3. When the temporary employment regulation file for economic, technical, organizational or production reasons linked to COVID-19 begins after the completion of a temporary employment regulation file based on the cause provided for in article 22 of the Real Decree-law 8/2020, of March 17, the effective date of that will be rolled back to the end date of this.
4. The temporary employment regulation files in force on the date of entry into force of this royal decree-law will continue to be applicable in the terms provided in the company's final communication and until the term referred to therein.
However, the extension of a file that ends during the validity of this royal decree-law will be possible, in the terms provided in this section, provided that an agreement is reached for it in the consultation period.
This extension must be processed before the labor authority receiving the final communication of the initial file, in accordance with the procedure provided for in Royal Decree 1483/2012, of October 29, with the specialties referred to in article 23 of the Royal Decree-law 8/2020, of March 17.
Article 4. Limits related to dividend distribution and tax transparency.
1. The limits for the processing of temporary employment regulation files with respect to companies and entities that have their tax domicile in countries or territories classified as tax havens, as well as those established in relation to the distribution of dividends for companies and companies covered by certain temporary employment regulation measures, contained in article 5 of Royal Decree-Law 24/2020, of June 26, on social measures to reactivate employment and protection of self-employment and competitiveness in the industrial sector, will continue to be in force in the terms established in said precept.
Article 5. Safeguarding of employment.
1. The commitments to maintain employment regulated in the sixth additional provision of Royal Decree-Law 8/2020, of March 17, and in article 6 of Royal Decree-Law 24/2020, of June 26, on social measures of reactivation of employment and protection of self-employment and competitiveness of the industrial sector, will remain in force under the terms provided in said precepts and for the terms set forth therein.
2. The companies that, in accordance with the provisions of this rule, receive exemptions in Social Security contributions, will be committed, based on the application of these exceptional measures, to a new period of six months of safeguarding employment, whose content, requirements and calculation will be carried out under the terms established in the sixth additional provision of Royal Decree-Law 8/2020, of March 17.
However, if the company is affected by a commitment to maintain the job previously acquired by virtue of the precepts referred to in section 1, the beginning of the period provided for in this section will occur when that has ended.
Article 7. Overtime and new outsourcing of the activity during the application of the temporary employment regulation files regulated in this standard.
Overtime may not be carried out, new outsourcing of the activity may be established, or new hiring, be it direct or indirect, may be arranged during the application of the temporary employment regulation files referred to in this article.
This prohibition may be excepted in the event that regulated persons and who provide services in the workplace affected by new hires, direct or indirect, or outsourcing, cannot, due to training, training or other objective and justified reasons, develop the functions entrusted to them, after prior information on the part of the company to the legal representation of the workers.
These actions may constitute infractions of the affected company, by virtue of a file initiated for this purpose, where appropriate, by the Labor and Social Security Inspectorate.