Paid recoverable leave for workers in non-essential activities

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1. Employees in non-essential activities must take mandatory paid recoverable leave from March 30 to April 9, 2020, both included. They keep their base salary and salary supplements during that period.
2. The leave does not apply to workers in essential sectors, those with suspended contracts or on sick leave, those covered by a temporary layoff plan (ERTE), and those who can work remotely.
3. The hours not worked can be made up from the day after the state of alarm ends until December 31, 2020. The makeup schedule must be negotiated in a consultation period of up to seven days between the company and the workers' representatives. If there is no agreement, the company decides and notifies it within seven days.
4. Making up the hours cannot break minimum daily and weekly rest periods, required notice periods, or the maximum annual working hours in the collective agreement, and must respect work-life balance rights.
5. Companies can set the minimum staff or shifts strictly needed to keep essential activity going, using a normal weekend or holiday as a reference. The Minister of Health can modify the affected activities.
6. There are narrow exceptions: workers who cannot immediately stop activity may work on Monday, March 30, 2020, only for essential tasks, and transport workers start the leave after finishing their current service. There are also special rules for public employees, staff with their own legislation, the justice administration, and public contract holders.

Who it affects

• Employees in non-essential activities: They must stay home on paid leave from March 30 to April 9, 2020, and later make up those work hours.
• Workers in essential sectors (food, health, transport, security, media, etc.): The leave does not apply to them and they keep working.
• People who can work remotely or whose contract is suspended or covered by an ERTE: They are excluded from the leave.
• Companies in non-essential activities: They must apply the leave, negotiate how hours are made up, and can set minimum staff or shifts for essential activity.
• Public employees, justice administration staff, and public contract holders: They have specific rules that keep essential services running.

Words worth knowing

Permiso retribuido recuperable (paid recoverable leave)

Mandatory time off work during which the worker keeps their normal pay, and the hours are made up later by working.

ERTE (expediente de regulación temporal de empleo)

A procedure by which a company temporarily suspends contracts or reduces its workers' hours.

Estado de alarm (state of alarm)

An extraordinary measure that lets the government restrict movement and activities to deal with a serious crisis.

Convenio colectivo (collective agreement)

An agreement setting working conditions (pay, hours, rest) for workers in a sector or company.

Incapacidad temporal (temporary incapacity)

A situation in which a person cannot work due to illness or accident and is on sick leave.

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