COVID-19 Regulation of Ministry of Health for RDL 10/2020 interpretation

Dear clients,

In addition to the news we sent you yesterday, we would like to inform you that yesterday evening the Ministry of Health issued the Regulation SND/307/2020, of 30th March, for the interpretation of the Royal Decree-Law 10/2020, of 29th March, by which the application of the recoverable paid leave was established for all employed workers who are not providing any essential services.

We would like to put emphasis on the following aspects of the content of this ministerial Regulation:

  • Royal Decree 463/2020, of 14th March, by which the state of alarm has been declared, only affects those self-employed workers who provide services within the framework of activities that have been suspended due to the declaration of the state of alarm.
  • Royal Decree-Law 10/2020, of 29th March, shall not be applicable for self-employed workers.
  • It is established that the activities regarding the representation of employers and employees are not affected by the mobility restrictions stipulated through these regulations.
  • For all employed workers who must not take the recoverable paid leave, the company must issue a statement of responsibility to be handed over to its employees, as well as to the union representatives and the company’s representative, in order to prove that they are not being affected by the provisions of Royal Decree-Law 10/2020, of 29th March, and which they can also use as a supporting document for their road transfers before the competent authorities. Please find attached the form of the responsibility statement.

As we have already informed you yesterday in our Newsletter, it is most likely that in many cases more additional measures, clarifications and interpretation criteria will continue to be adopted with regard to the regulations that have already been published.

We will continue working in order to keep you constantly and rapidly informed about all new developments that may emerge in all matters.

Kindest regards,

CABRERA RODRIGUEZ LAWYERS AND TAX ADVISERS

Partner of ETL Global