19 de November, 2021

#Certus before #COVID19: labor measures


Before #COVID 19, some of you have asked us in #Certus what to do in relation to workers to minimize the impact that the state of alarm declared on March 11, 2020 is having through the publication in BOE number 62 of the Royal Decree 6/2020, of March 10, by which certain urgent measures are adopted in the economic field and for the protection of public health.


In this sense, below and resumed in #Certus we propose a series of tips:


1.- ERTE:


It is the procedure regulated by Royal Decree 1483/2012, of October 29, which approves the Regulation of procedures for collective dismissal and suspension of contracts and reduction of working hours and submitted to the approval of the labor authority by which the temporary and collective suspension of work contracts or temporary reduction of working hours is pursued, and a period of consultation with the representatives of the workers must begin. As a consequence of the above:


  • The company stops paying wages and the cost to the company is reduced.
  • It allows workers to be at home with their children if they have them.
  • Employees would collect unemployment.
  • Unemployment collection is not negatively computed for the unemployed by reducing their unemployment collection rights.
  • The company has an obligation to reinstate them.
  • There is no formal time limit, but the company must justify and define a temporary period.


The procedure begins by writing the company and communicating it to the workers’ representatives and implies the authorization of the labor authority after a period of consultations with the workers’ representatives to try to reach an agreement regarding the measures.


2.- Contagion / isolation = work accident:


Work-related accidents in the economic benefit of temporary disability are the periods of isolation or contagion (declared by the medical / medical inspection) related to # COVID19, accruing 75% from the first day of discharge, without having to pay a supplement of IT from work accident.


3.- Risk prevention before # COVID19:


  • Promote teleworking as much as possible to avoid displacement and contagion.
  • Offer antiseptic soap or the like in the workplace.
  • Distance employees by at least 2 meters from others at their workplace.
  • Offer masks and gloves for each job.
  • Reconciliation measures / permits / work / vacation in shifts now that the children are at home.


4.- Labor certificate to avoid problems when traveling:


In the event that teleworking is impossible, many of you have asked yourself how to deal with commuting to and from work to your homes as well as to other places that for work reasons may be necessary and in particular how to prove that the displacement is justified. before the limitation to the movements and the circulation after the declaration of the state of alarm. In these cases, the easiest thing is for your company to issue you a certificate attesting to the need for these trips, including the contact and identification company data, the employee’s data, and the reasons for the trip.


In #Certus we are as always to help you. If you are interested in helping us with the adoption of any of these measures or others to protect you from # COVID19, we remain at your disposal for what you need at www.certusasesores.com, 951776677 or info@certusasesores.com.


Good luck in these difficult days.

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