RDL 30/2020 of September 29th approves new labour measures among which:
EMPLOYMENT LAYOFF PLANS
1.- ERTEs due to force majeure
2. ETOP (economic, technical, organisational or production causes) ERTEs related to Covid-19
- The shortened procedure will continue to apply until January 31st, 2021.
- It may be initiated while an ERTE is in force due to force majeure, in which case the effective date is retroactive to the end of the ERTE.
- The ETOP ERTEs in force on September 30th, 2020 will continue to be applicable in the terms provided in the company’s final notice. However, they may be extended provided agreement is reached to that effect during the consultation period.
3. Limitations and commitments
The commitment to maintain employment is kept. The companies that take advantage of the new exemptions will be committed to a new 6-month job retention period, which for those companies that are already affected by a previous commitment will begin to run when the commitment ends.
During the term of the ERTE, whatever its modality, no overtime, no new outsourcing of the activity and no new hiring may be arranged, either directly or indirectly, unless the regulated workers cannot, due to education, training or other objective and justified reasons, perform the functions entrusted to the new hires.
Articles 2 and 5 of RD 9/2020 will remain in force until January 31st, 2020, which consider unjustified the extinction of contracts and dismissals based on FM or ETOP causes covered by the ERTE; and which provides for the interruption of the computation of temporary contracts during the term of the ERTE.
The limits established in relation to the distribution of dividends remain in force. These limits will also apply to ERTEs due to impediment or limitations of activity.
EXTRAORDINARY UNEMPLOYMENT PROTECTION MEASURES
EXEMPTIONS FROM SOCIAL SECURITY CONTRIBUTIONS