We warned in our last note a few hours ago that we were expecting the publication of new restrictions on mobility due to the state of alarm. At the stroke of midnight, the “Royal Decree-Law 10/2020, of 29 March, which regulates a recoverable paid leave for employees who do not provide essential services, in order to reduce the mobility of the population in the context of the fight against COVID-19″ was published in the Official State Gazette.
This RDL has two essential components: – The paralysis of all non-essential activities that cannot be provided by telematic means. – That the salaries from 30 March to 9 April will be paid as worked and that the time must be made up when the state of alarm ends.
Regarding the former, the list of exceptions is somewhat extensive so we recommend that you refer to the BOE itself and see if your activity is included in the exceptions of article 1 paragraph 2, or the annex at the end.
Specifically: – If you are working telematically from home, you can continue to do so. – Staff engaged in the exempted activities may continue to travel for such work. – Other staff must remain at home.
There is an exception for companies that need to take “palliative” measures to avoid danger or damage due to this stoppage. They will only be able to make the necessary journeys on Monday 30 March.
Likewise, carriers “in transit” will be able to complete the current service and the necessary return journey.
On the second point, there are several options, but mainly: – It has no effect on the ERE/ERTEs processed, or in process. – You can compute the period charged to leave – It can take note of the hours and/or days not worked in order to, once the state of alarm is over, establish the calendar for their recovery.
Our first reading of the RDL does not seem to prevent the presentation of new ERE/ERTE, we say “seems” because of the ambiguity that emanates from it.
At the same time, and according to the wording of the RDL, the stoppage of activities ends on 9 April and not when the state of alarm ends.
Regarding the recovery of the hours not worked, we will write once the state of alarm is over, as it will probably undergo changes.