March 28, 2020

In a television appearance, the President of the Government announced that the next Council of Ministers will approve the recoverable compulsory paid leave for all employees of companies of non-essential activities.

Pending publication in the B.O.E. The adoption of this extraordinary measure, as a compulsory irregular distribution of the working day, (measure that we anticipate as possible in previous articles) supposes “de facto” the confinement of all workers in non-essential activities.

The decree that imposed the state of alarm listed a list of activities that could remain operational. The order allowed retail food, beverage, products and essential goods stores to be kept open; pharmaceutical, medical, optical and orthopedic and hygienic products; press and stationery; automotive fuel; watertight; technological and telecommunications equipment; pet food; commerce by Internet, telephone or correspondence; dry cleaners and laundries. All other activities were suspended.

It will allow the circulation and activities related to the provision of such activities as food, medical transport, medical services, security … seeking that from next Monday until April 9 movements will be further restricted.

A measure already provided for in our legal system, the irregular distribution of the working day, is now imposed by decree, so that working people who do not go to work during these eight working days continue to receive their wages, although they will have to make up those hours in later moments.

The agreed measure will be studied, after its publication in the BOE, in the videoconference that the Labor Department of Ley 57 abogados Jiménez y Asociados will teach next Monday, and which you can register by clicking here.

Each company is a different case and the impact of these measures must be studied individually, since it does not affect companies that have already implemented an ERTE on 100% of their workers, and therefore do not have active workers or people sick, or on vacation.