The article of the decree ordering to stay at home for non-essential workers, receiving the salary, details what it means to receive this recoverable paid leave and under which conditions it is necessary to retrieve the days not worked.
Does not apply to people with temporary labour force adjustment plan (TLFAP) (in Spanish expediente de regulación temporal de empleo)
The permit, from March 30 to April 9, does not apply to people involved in an TLFAP, who already have their situation regulated in accordance with the special rules issued in the recent days.
- Workers who are working remotely should continue.
People who are already working remotely can continue, even if their occupation is not essential, unless there is a agreement between the employer and the workers’ representative in the company. In fact, non-essential activities that can be transferred to remote work do not will benefit from this paid leave.
- Shift system
Another exception to the rule for non-essential workers who should not go to work: if necessary, companies may have a minimum number of staff or an “essential” shift system to develop the “essential” activity in the company.
The people who receive this permit will keep their remuneration as if they were working, including the basic salary and supplements.
- Hours retrieve
The retrieve of hours not worked will have to be taken between the end of the alarm state and the end of this year. It will have to be agreed between the employer and the workers’ representatives within seven days. If there is no agreement, it will be the employer, within a period of 7 more days, who will decide how to retrieve the time.
In this hours retrieve, the norms related to daily rest (12 hours between each working hours) and weekly (one and a half day uninterrupted) provided by law cannot be breached, and cannot exceed the maximum working hours agreed in the corresponding agreement. Furthermore, the rights of conciliation must be respected.
Source: BOE nº87 (03/29/2020)