Labor rules to protect jobs during the COVID-19 state of alarm

Automatic summary, not yet reviewed

1. Hospitals, outpatient clinics, and centers for seniors, dependent people, or people with disabilities that the ministries designate as essential services must keep operating during the state of alarm. They cannot process ERTEs and may only reduce or suspend their activity if the competent authorities allow it. Non-compliance is punished under the law.
2. Force majeure and economic, technical, organizational, or production reasons that justify ERTEs cannot be used to justify dismissals or contract terminations. They only support contract suspensions or reduced working hours.
3. To speed up unemployment benefit payments, the company files a collective application with the managing body on behalf of all affected workers. It must send it within 5 days of starting the ERTE, electronically, and failing to do so is a serious offense.
4. In cooperatives, if the General Assembly cannot meet virtually, the Governing Council may approve the suspension of its members' work. Also, the suspension of temporary contracts, including training, relief, and replacement contracts, interrupts the count of their maximum duration, so they can still run for the agreed time.
5. ERTEs based on force majeure cannot last longer than the state of alarm and its extensions, even those resolved by administrative silence. If a company lies in its applications or requests unnecessary measures, it faces sanctions and must return benefits paid in excess. The rules also set when unemployment benefits take effect and strengthen cooperation with the Labor Inspectorate to detect fraud.
6. The contribution and unemployment protection measures of Royal Decree-Lawroyal decree-law A rule with the force of law that the Government passes because it is urgent. It applies from its publication, but the Congreso must validate it within 30 days or it lapses. 8/2020 also apply to procedures started before that law took effect, if they stem directly from COVID-19. Emergency contracting is extended to the whole public sector, and payments may be made pending justification. The rule takes effect the day it is published and lasts while the state of alarm continues.

Who it affects

• Hospitals, outpatient clinics, and centers for seniors, dependent people, or people with disabilities: Must keep operating and cannot process ERTEs at their essential centers.
• Companies: Cannot use ERTEs to dismiss workers; must file unemployment paperwork within 5 days and risk sanctions if they lie.
• Workers affected by ERTEs: Receive unemployment benefits faster and their temporary contracts do not lose duration due to the suspension.
• Cooperatives: May approve suspensions of their members' work if the Assembly cannot meet.
• Public sector: Can use emergency contracting for what is needed to fight COVID-19.

Words worth knowing

ERTE (Expediente de Regulación Temporal de Empleo)

A procedure by which a company, with approval from the labor authority, temporarily suspends its workers' contracts or reduces their working hours.

Fuerza mayor (force majeure)

An unforeseeable external cause that prevents the company from operating, such as a health emergency.

Prestación contributiva por desempleo

Unemployment benefits: money a worker receives while legally unemployed.

Silencio administrativo (administrative silence)

If the administration does not answer in time, the request is deemed approved (in this case, silence works in favor of the applicant).

Libramiento a justificar (payment pending justification)

Public money delivered before the expense is documented, with the paperwork provided later.

royal decree-law

A rule with the force of law that the Government passes because it is urgent. It applies from its publication, but the Congreso must validate it within 30 days or it lapses.

decree-law

A rule with the force of law that the Government passes because it is urgent. It applies from its publication, but the Congreso must validate it within 30 days or it lapses.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries