Cirular Informative 1: Permission rewarded

 
¿Qué es el permiso retribuido de los empleados que se aprobó ayer y qué debo tener en cuenta?
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What is the permission rewarded of the employees that approved yesterday and what have to take?
Finally, yesterday evening, it published in the BOE the Royal decree by which adopt new complementary measures, in the labour field, in relation to the COVID-19. 

One of the measures is the permission rewarded for the employees that do not consider essential services What have to take?


Permission rewarded:

The hard-working people by extraneous account of the field of application of the present royal decree-law will enjoy of a permission rewarded recoverable, of compulsory character, among 30 March and on 9 April 2020, both included.

The hard-working people will conserve the right to the reward that had corresponded them to be loaning services with ordinary character, including basic salary and complementos salariales.


Transitory regime

In those cases in which it result impossible to interrupt of immediate way the activity, the hard-working people obliged to the permission will be able to loan services the Monday 30 March 2020 with the only purpose to carry the indispensable tasks to be able to do effective the permission rewarded recoverable without prejudicing of way irremediable or disproportionate the resumption of the business activity.

Those people that work of the field of the transport that find making a no included service in this royal decree-law in the moment of his entrance in force, will initiate the permission rewarded recoverable once finalised the service in course (including the operation of return).


To who applies the measure?

To all the hard-working people by extraneous account that loan services in companies or entities of the public sector or private and whose activity have not been paralysed like consequence of the statement of state of alarm.


Hard-working people by extraneous account EXCLUDED of his application:

Those that loan services in the to) sectors described like essential.

Those that loan services b) in the divisions or in the lines of production whose activity correspond with the sectors described like essential.

The hard-working people hired by (i) companies that have requested or are applying a file of temporary regulation of use of suspension and (ii) those to which was them authorised a c) file of temporary regulation of use of suspension during the force of the planned permission in this royal decree-law.

Those that find of d) drop by temporary inability or whose agreement was suspended by other legally planned causes.

And) Those that can follow exerting his activity with normality by means of teleworking or any one of the no face-to-face modalities of provision of services.

The permission rewarded recoverable neither will result of application to the hard-working people of the companies adjudicators of agreements of works, services and supplies of the public sector that are indispensable for the maintenance and security of the edifices and the suitable provision of the public services, included the provision of the same of form no face-to-face, all this without prejudice to the established in the article 34 of the Royal decree-law 8/2020.


How have to recover the hours of work no loaned during the permission rewarded?

Will be able to recover from the following day to the ending of the state of alarm and until 31 December 2020.

This recovery will have to negotiate in a period of surgeries. The RD-law establishes the procedure to be followed in case of agreement or disagreement. The recovery of these hours will not be able to suppose:
  • The incumplimiento of the minimum periods of daily and weekly rest foreseen in the law and in the collective agreement
  • The establishment of a term of preaviso inferior to the collected in the article 34.2 of the Law of the Statute of the Workers
  • Neither the superación of the annual maximum day foreseen in the collective agreement that it was of application. 
 
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