Royal Decree-Law 8/2020 on urgent measures to address the economic and social impact of COVID-19 was published in the BOE of March 18, which regulates the various matters in which extraordinary measures have been agreed. .
We send you an extract of those that may affect you and that are of immediate application to you due to your interest.
Without evaluating the set of measures, the Decree has generated endless interpretative doubts, due to expectations that have not been met or due to measures that do not represent a real solution for self-employed workers and entrepreneurs. Therefore, we must wait for the doubts and gaps that remain pending regulation to be resolved.
The office is operating at full capacity to try to provide a response and service to all our clients, in the face of this health alarm situation. We have redoubled our efforts to deal with telephone service, IT resources and everything that has been necessary to provide timely service to our clients.
We are in permanent contact with all the Administrations involved, General Directorate of Employment, General Treasury of Social Security, Tax Agency, etc., our Professional Association is carrying out commendable work with the previous Administrations to clarify and refine the procedures that we must carry out.
The affected Administrations tell us that we have sufficient time to carry out all the procedures, no greater haste is necessary in the presentation of documents, that the Administrations are preparing the procedures and forms for faster access to these published aids. .
SELF-EMPLOYED OR SELF-EMPLOYED WORKERS
1.- If your business has been affected by the Decree of Suspension of Activity:
If your activity is included in Decree 463/2020, ordering the suspension of the activity, article 10 and Annex:
a.- You will be entitled to a benefit from 70% of your Regulatory Base.
b.- Regarding the obligation to contribute during this period, according to information that appeared in the media between March 19 and 20, the Minister of Social Security has committed to exonerating or subsidizing the self-employed contribution.
2.- If your business has NOT been affected by the Decree of Suspension of Activity
If your activity has not been directly suspended, but your turnover has been reduced. The billing of the month prior to the one in which the benefit is requested has been reduced by at least 75% in relation to the average billing of the previous semester. b.- Regarding the obligation to contribute during this period, according to information that appeared in the media between March 19 and 20, the Minister of Social Security has committed to exonerating or subsidizing the self-employed contribution.
COMPANIES AND SELF-EMPLOYED WITH WORKERS
1.- If your business has been affected by the Decree of Suspension of Activity:
If the business is DIRECTLY affected by the provisions of article 10 of Decree 463/2020 and is included in the Annex to the State of Alarm Decree: retail trade in general, cafes, bars, sports venues, party halls, etc. and their obligation was to suspend the activity.
With respect to its workers, the Temporary Employment Regulation File (ERTE) may be initiated due to MAJOR CAUSE with effect from the day of the suspension of the activity.
As of today we can only assure that the following will be understood as a cause of FORCE MAJEURE:
➢ Develop the company's activity suspended by Royal Decree 463/2020, of March 14, which declares the state of alarm (in the case of hospitality activities) Develop the company's activity suspended by Royal Decree 463/2020, of March 14, which declares the state of alarm (in the case of hospitality and restaurant activities).
➢ Develop the company's activity in an establishment whose opening to the public has been suspended by Royal Decree 463/2020, of March 14, which declares the state of alarm (in the case of retail commercial establishments).
➢ Infection of the workforce due to Covid-19/ Adoption of preventive isolation measures of the workforce due to Covid-19.
➢ Lack of supplies that seriously/completely prevent the continuation of the ordinary development of the activity as a consequence of measures decreed by the government authority/recommended by the health authorities in relation to Covid-19.
In this case, the Labor Authority must resolve the file within a period of five days from the request and with an effective date of 03-14-2020.
This implies that its workers will begin to receive unemployment benefits for the duration of the obligation to cease activity, ceasing the obligation to pay for that period.
During the same period, the TGSS will exempt the 100% from the business contribution in the obligation to contribute in companies with less than 50 workers, and from the 75% in companies with more than 50 workers.
This measure is subject to the business commitment to maintain employment for a period of six months from the resumption of activity.
In the office we are already prepared to process the ERTEs that are necessary due to Force Majeure. We are waiting to receive specific instructions from the General Directorate of Labor and the Public Employment Service on the urgent processing of this situation, as well as the provision of specific forms to us.
2.- If your business has NOT been directly affected by the Decree of Suspension of Activity, but has had to cease for economic, technical, organizational and productive reasons, related to COVID-19.
In this case, since the activity is not included in the mandatory cessation, the processing of the Voluntary Temporary Employment Suspension File (ERTE).
The ERTE must begin with the opening of the consultation period, communicating it to the legal representation of the workers, constituted by the most representative unions in the sector for the formation of the Negotiating Commission and, in any case, the commission will be constituted within a maximum period of five days and will be made up of three company workers.
To initiate the commission, the company must justify the reasons that led it to make this decision. And you must reach an agreement within a maximum period of seven days.
The agreement reached will be communicated to the General Directorate of Labor, which will decide on the origin of the ERTE.
It will indicate the effective day, which does not have to coincide with the date of suspension or closure.
During the suspension period, workers will receive unemployment benefits.
The company maintains the OBLIGATION TO QUOTE without the possibility of exoneration or bonus of Social Security contributions during the entire period that the suspension lasts.
This procedure consists of three phases within the company (initiation communication, consultation period and final agreement) and two phases in the Administration (initiation communication and final communication), which is established in Royal Decree-Law 8/2020. simplifies and shortens some phases, the reality today is that its processing continues to be tedious and cumbersome, requiring the constitution of the negotiating commission in accordance with the provisions of article 23 of the Decree-Law with the participation of the most representative unions or, in case of non-compliance, made up of three workers chosen in accordance with Art. 41.4 of the Workers' Statute. In addition to a justification and accreditation of the causes that motivate the temporary cessation.
Workers will be able to access unemployment benefits from the date of the agreement and provided that the Labor Authority has communicated the situation of the workers to the SEPE.
Other measures
Telecommuting:
It is established as a priority objective to guarantee business activity through remote work or teleworking.
Occupational Risk Prevention will be carried out, exceptionally, through a self-assessment of the job.
Right to adapt schedules and reduce working hours
Workers who certify care duties with respect to family members up to the second degree will have the right to adapt their schedule and/or reduce their working hours, which may reach up to 100% of the working day.
In case of reduction of working hours, no compensation benefit is established.
Deferrals of Social Security Contributions
Royal Decree-Law 8/2020 does not include any type of deferral of social contributions, both from the General Regime and the Self-Employed Quota, so the contributions must be paid within the usual deadlines, any deferral that must be made will be will apply within the normal deadlines and form.
You already know that we continue working for you, although we have had no choice but to establish a series of precautionary rules to safeguard the health of our clients and our employees, but we can assist you by phone at 968 45 46 24.
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