The Government announced this Monday a second package of measures, after the first ones approved last week as a matter of urgency, focused on reinforcing the so-called labor shield to protect those affected by DANA. Within the framework of the first phase of aid to the regions and localities hit by the catastrophe, President Pedro Sánchez has confirmed a new range of measures approved by decree, among which the main ones include the approval of the 100% paid leave For workers who cannot attend their job, a extraordinary benefit for domestic workers and the ban on dismissalconsidering the nullity of the terminations that occur.
The main novelty of these paid leave with 100% salary for workers who, due to DANA, cannot go to their workplace or telework, these permits will not be recoverable, so that the worker You will not have to recover the hours not worked for the company. These permits, which will not imply loss of contributions, will be borne by the companieswhich may or may not be covered by an ERTE, and will have indefinite periods (the days of leave will not be assessed).
Reduction and adaptation of working hours upon request
In this second announcement made by the President of the Government after the meeting of the Council of Ministers, the obligation for companies to attend to labor matters was also approved. reductions or adaptations of working hours of the employees as considered by those affected themselves, as long as the approach is proportionate. These situations must be subject to the justifications that arise due to the various effects of the DANA (impossibility of accessing the job, due to work to recover the affected home or recovery of belongings or procedures to recover documentation, disappearance or death of family members, as well as care for family members or cohabitants due to emerging situations) and must be communicated to the company 24 hours in advance.
This right to adapt the working day refers to both the distribution of working time or other conditions, that is, it could consist of a change of shift, alteration of schedule, establishing a split or continuous day, a change of workplace. , change of functions or any other change that is available in the company.
Telecommuting
In addition, among the measures in the workplace, companies are required to carry out as long as the conditions are met and the possibility exists. remote work. In this sense, the approved decree that ABC has already been able to consult establishes that there will be the right to teleworking when the state of the communication networks allows it “unless this is incompatible with the nature of the work provision.” That is, if due to the type of work this distance modality is not feasible.
Likewise, it is clarified that in cases in which employees already have remote work as provided in their labor agreements or agreements, the extension of this regime may be required to the entire duration of the work day.
Unemployment benefit for domestic workers
Another novelty established by this second approved aid decree indicates that although the total or partial suspension of the contract of work, reduction of working hours, of the domestic worker due to the impossibility of the total or partial realization “on a temporary basis” of situations derived from the DANA, these situations will be protected with a special benefit.
Here, workers will have the right to access the contributory unemployment benefit, while it may be requested through a responsible declaration signed by the employer and if it is impossible to issue it by these persons also that of the worker will be valid.
Prohibition of dismissal
The specific circumstance of the prohibition of dismissal by companies is also clarified in the approved text. It is specified for the companies that benefit from the direct aid provided for on the occasion of the DANA and they will not be able to dismiss due to force majeure and due to economic, technical, organizational and production causes derived from the catastrophe.
“Failure to comply with this obligation will lead to the nullity of the dismissal,” the decree states, clarifying that they would also be at the expense of the review action of the Labor and Social Security Inspection in terms of the return of aid. The Government clarifies that the same conditions that prevent dismissal would not justify the end of the period of activity or the non-call of workers with discontinuous permanent contracts.
Aid for hiring the unemployed
Also launched in this package is a fund of 50 million euros that will be managed by the SEPE for aid to hiring of unemployed registered from the affected areas. Furthermore, the range of action of the ERTE due to force majeure to companies affected by DANA without necessarily being located in any of the affected municipalities, while the people who benefit will receive the 70% of the contribution base during the duration of suspension of all or part of the work days.
«The entire social shield and also the labor shield that we are creating, will help up to 400,000 workers to maintain their income, 30,000 companies to reactivate their economic activity and 100,000 households to cover their basic needs,” Sánchez highlighted at a press conference.
Improvement of non-contributory pensions
Furthermore, in the field of Social Security, the aid measures are expanded in this case through an improvement in the calculation of the non-contributory pensions in work and human situations caused by the catastrophe. And a special window opens for the rescue of the funds accumulated in pension plans.
Within the department of Elma Saiz, a moratorium in the returns of unduly received aid. It will be during a period of 180 days from the moment the decree approved this Monday came into force.
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