COVID MEASURES 19
El Servicio Público de Empleo Estatal (SEPE) viene tomando medidas desde el comienzo de la alerta sanitaria para hacer frente a la situación generada por la evolución del COVID- 19 .
The Decreto-ley Real 8 / 2020 , 17 de marzo, de medidas urgentes extraordinarias para hacer frente al impacto económico y social del COVID- 19 has established extraordinary measures in terms of protection by unemployment, which will apply during this situation. Moreover, all measures taken by the SEPE affect the situations directly linked to COVID, although occurred before 18 March 2020 , the date of entry into force of the standard.
In the Decreto-ley Real 15 / 2020 , 21 April, complementary urgent action to support the economy and employment, there are two unemployment legal situations arising from the situation created by the COVID- 19 :
- Expands coverage of unemployment benefit to workers whose contracts have been extinguished during the test period of a new work from the 9 de marzo, con independencia de la causa por la que se hubiera extinguido la relación laboral anterior, así como a quienes lo hayan extinguido voluntariamente desde el 1 March by having a strong labour supply and the company declined to hold the contract because of COVID- 19 .
Unemployment protection to workers affected by ERTEs
Dentro de las medidas específicas adoptadas en el marco de los procedimientos de suspensión temporal de contratos y reducciones temporales de jornada (ERTEs), se establece la protección del conjunto de los trabajadores que se vean afectados por un ERTE, incluido aquellos que no reúnen los requisitos ordinarios de acceso a la prestación.
Moreover, access by people affected workers to unemployment benefit in these circumstances does not consume possible future benefits.
The Decreto-ley Real 15 / 2020 , 21 April, de medidas urgentes complementarias para apoyar la economía y el empleo, modifica la regulación de los ERTE por causa de fuerza mayor dispuesta en el apartado 1 article 22 the royal Decreto-ley 8 / 2020 , 17 March, extraordinary urgent action to tackle the economic and social impact of COVID- 19 ., establishing that force majeure may be partial.
In this sense, force majeure may not spread throughout the template, for those companies operating considered essential during this crisis, seeking the cause of force majeure part of activity or in the part of the template unaffected by this essential nature.
In the Decreto-ley Real 24 / 2020 , 26 Junesocial measures for boosting employment and self-employment protection and competitiveness of the industrial sector, establishes that protection measures for unemployment laid down in paragraphs 1 to 5 article 25 the royal Decreto-ley 8 / 2020 , 17 March, will be applicable until 30 September 2020 people affected by regulatory files temporary employment regulated in Articles 22 and 23 the royal Decreto-ley 8 / 2020 , 17 March, and the referred to in subparagraph 2 the First Additional Provision of the quoted the royal Decreto-ley 24 / 2020 .
The extraordinary measures for protection by unemployment regulated in Article 25 . 6 the royal Decreto-ley 8 / 2020 , 17 March, will be applicable until 31 December 2020 .
The public employment service State (SEPE) extended until the 30 September 2020 the maximum length of the benefits granted under suspension procedures or reduction regulated employment in articles 22 and 23 the royal Decreto-ley 8 / 2020 , 17 March, whose start date is prior to 27/06/2020 .
Companies that renounce the file of employment regulation in whole or in desafecten workers should inform the SEPE low in the provision of those who stop being affected by derogations or reduction prior to its effectiveness.
In the case of regulatory procedures temporary employment based on economic, technical, organizational and production of Article 23 the royal Decreto-ley 8 / 2020 , 17 March, in which the date of the business decision shall be communicated to the labour department from 27/06/2020 the company should make collective application of unemployment benefits, representing workers in the model established for that purpose in the web page or SEPE electronic site. The deadline for submission of this application will be established in Article 268 the text of the General law of Social security.
The cause and date of effects of the date of legal unemployment should contain, in any case, in the certificate of company, which will be considered valid document for accreditation.
In the cases referred to in the previous two sections, for the purposes of the regularization of unemployment benefits, when during one calendar month alternating periods of activity and inactivity, as well as in cases of reduction of the usual time, and in cases where combine both days of inactivity and days at reduced hours, the company must inform month passed, through communication of periods of activity of the application Certific@ 2 the information on the days spent in the calendar month earlier.
In the case of workdays at reduced hours, hours worked will become full days equivalent of activity. This will split the total number of hours worked in the month between the number of hours that form the usual time worker prior to the implementation of the reduction of day.
The communication provided in the preceding paragraph is without prejudice to the company to inform the SEPE, prior to its effectiveness, casualties and variations of derogations and reduced hours, in the legally established terms
Specific protection for Disabled cooperative workers partner
Remember that the same measures to workers affected by a ERTE for those with partner status corporate workers working and cooperatives that have contributed by unemployment.
In this section you will find extraordinary measures the protection by unemployment fijas-discontinuas workers and the fixed work and newspapers that are repeated in certain dates.
No rights are cut by submitting applications out of time
Before the exceptional situation being experienced, applications out of time does not imply any loss of rights in relation to the provision or allowance.
Extraordinary measures subsidies
There have also taken measures to protect citizens before the current context, avoiding who are affected by not being able to meet certain requirements to access or continue to receive a grant. Thus:
- You do not have to request the extension of the grant, keeping the payment of the same after 6 months of term.
- Shall not be interrupted the payment of unemployment benefits by lack of presentation of the annual Rents (GIVE) in the case of beneficiaries of an allowance for older workers 52 years.
Since the beginning of the exceptional situation caused by the evolution of COVID 19 , steps have been taken who have tried to reconcile, on the one hand, meeting the demands of public health, and on the other, the preservation of the rights of applicants and recipients of unemployment benefits.
Before the limitations of mobility of people and the closing the public offices of benefits, have been taken actions to give attention to a growing demand:
- It is working from inside the offices of benefits to respond to requests.
- Has been strengthened by and telephone line telematic means.
- It has established the online request VIRTUAL APPOINTMENT : since the SEPE will be contacted individuals named to fulfill your requests indicating an email contact.
- It is working on the procedure for applications for unemployment benefits of working persons affected by a temporary suspension procedure in the current context.
If you are in a situation of unemployment does not motivated by ERTE
- If you are in a situation of unemployment not motivated by a request ERTE appointment presentació to be treated for the SEPE (indicate mail).
- From here you can access the Form for individual pre-solicitud unemployment benefits
Send this form of pre-solicitud only if you have finished your contract or you have been dismissed, not so if you are in a erte.
Do not send if it has already requested appointments or has submitted its application in the sepe by another channel.
If you've been affected by a ERTE
- If you've been affected by a ERTE does not have to seek prior appointment with the SEPE, since the management of its provision shall be processed between your company and the SEPE.
Are the companies that have submitted a ERTE by those cases which will make the collective application of unemployment benefits on behalf of workers affected by the same before the SEPE.
From here you can access the Information on the application process by companies
Information on demand for employment
Similarly, in coordination with public employment services within the national employment system, has been working in the relaxation of management procedures, facilitating the registration of the demand for employment.
If you are already a recipient of benefits or unemployment benefits, during this period demand will remain in high without the need to go to your office to renew it.
For information on the demand of employment, must respond to the exceptional measures taken by each Public employment service Autonomic.
Other measures in the area SEPE
There have also taken steps in the scope of SEPE:
Note on incidence and actions to be taken from the status and development of coronavirus (covid- 19 ) vocational training for employment in the field of Public service management state employment
By the ministry of health and the health authorities of the autonomous communities have been taken certain preventive measures and recommendations regarding the situation and evolution of coronavirus (COVID- 19 ), including the suspension of group activities in educative centres and other areas.
By the public employment service State (SEPE) is considered that, although it has been collected explicitly by health authorities in all cases, for the same reasons of prevention, you should set this suspension of the activities and training entities vocational training for employment offering training actions of vocational training for employment in class mode, as well as in the part in the eLearning mode.
Therefore, and in terms of the field of SEPE management, take the following steps:
- In all the autonomous communities and Autonomous Cities will apply, for the same periods, over the centers and entities of training that teach accions formatives vocational training for employment, in class mode, as well as the part in the eLearning modality, managed and financed by the SEPE, which includes:
- Draft Workshop Schools and homes of Offices funded through the reserve fund convening of ministries and National Heritage), during the first phase in training, as well as during the formative periods in the phase of contract, as well as in the workshops of employment. To this effect also takes into account the preventive measures in connection with the coronavirus (COVID- 19 ) that might take on their premises promoters entities. In any case, these derogations shall not affect subsidies, being justifiable expenditure periods of suspension, nor will mean an increase the planned duration for each of the projects.
- Accions formatives invitations adopted by the SEPE training programmes state directed mainly to workers who are currently running.
- Training activities invitations adopted by the SEPE training plans state, aimed at training for the development of functions related to social dialogue and collective bargaining.
- Training actions within the scheduled training initiative by enterprises and individual permits training.
- Training initiatives related to the formation of people living in deprivation of liberty and the formation of the military troops and navy servicemen who a temporary relationship with the armed forces. In these cases also takes into account the preventive measures in connection with the coronavirus (COVID- 19 ) to take over its facilities the ministry of the Interior or, in their case, the competent authority in prison matters of the respective Autonomous Community, or the Defence ministry.
- Training courses taught in National reference centres included in the respective annual workplans financed by the SEPE, in accordance with the royal decree 229 / 2008 , 15 February, regulating the National reference centres in the field of vocational training.
- Training do not publicly funded developed by centers and entities of private initiative aimed at obtaining certificates of professionalism and, in its case, key competences that allow access to the formation of such certificates, under article 8 . 1 .d) of the law of the law 30 / 2015 , 9 September, and Article 8 . 4 the royal decree 694 / 2017 , 3 July, on the part in the eLearning mode, where the authorization of the same has been effected by the SEPE.
- In the territorial scope of SEPE management of Ceuta and Melilla, it will apply to the formative actions workshop schools and homes of offices and invitations adopted by the SEPE for both employed as unemployed.
- The suspension of the formative activity does not imply the student assistance during the period of suspension established by health authorities.
- Companies or, in its case, the organizing entities, in the course of formation programmed by enterprises and individual learning permissions should communicate through the corresponding computer applications launching suspension and resumption of the formative activity, according to the information that has already been published in the web of FUNDAE.
- In invitations to tender, deadlines and justification of subsidies, in its case, will be tailored to periods of suspension. This will be approved by the corresponding resolutions SEPE expansion delivery deadlines under invitations or instruments of grants. In the case of the formative actions of certificates of professionalism authorized by the SEPE to be given in the form of not eLearning publicly funded training entities should proceed with the communication of the extension of deadlines authorized to conduct the training derivative of the suspension of the educational activity.
- On the justification of costs, the charging of labour costs, rents of spaces and equipment, facilities and any other that is essential to the entities of training centers and businesses during periods of suspension, and be credited credibly, may be justifiable, without in any case it means increased grant or the maximum amount reimbursable.
- The suspension only affect in principle to the assistance of students to the formative actions, still applies to teachers support and training centres that these guidelines set on assistance or proceedings to perform during periods of suspension in application of labour standards, and considering in any case the steps that can be taken by health authorities and/or education. The absence of students by both during the period of suspension will lack justified.
- Scholarships. Towards pupils workshop schools and homes of Offices, as well as in the case of the unemployed, who have the right to collect a scholarship for attendance at training actions, in accordance with the rules of Workshop Schools programme and Apprenticeship centres or article 20 the order TMS/ 368 / 2018 , 28 March, absences during periods of suspension of the formative activity will be justified misconduct for purposes of perception of the scholarship.
Contracts for the training and learning
In all those territorial areas in which the health authorities of the Autonomous Community agree on the suspension of the educational activity, this applies to the learning activity presencial inherent in these contracts, including presencial performed in the form of e-learning, without implying a suspension of the contract or increasing length agreed.
In these cases the training will be postponed or concentrate so that it can provide after the suspension, with the limit in any case the duration agreed in the contract.
In any case, companies may apply the bonuses to offset the costs of the formative activity and mentoring in the company of the worker for the period of suspension of formative activity.
These measures have been shared and put in common with the set of public employment services of the autonomous communities, as well as the provincial departments of SEPE in coordination meeting held in today.
It has been decided common approaches, regardless of the scope of each of the competent administrations, both for different initiatives vocational training for employment, as well as for other actions for active employment policies.
The policy changes or resolutions to it as a result of these extraordinary measures be taken in each of the corresponding areas, in its case, while the statewide SEPE promote adequate frameworks required for this purpose.
We are maintaining permanent coordination between all those responsible for employment and training and CCAA DDPP of SEPE, and disseminating these measures between the corresponding units, as well as between different agencies concerned, and formative entities.
Since the General Office Active Labour SEPE and from the FUNDAE are available to solve few doubts or new situations may be emerging.
Other relevant documents
- Decreto-ley Real 30 / 2020 , 29 September of social measures in defense of employment.
- Decreto-ley Real 25 / 2020 , 3 July, urgent measures to support the economic recovery and employment (cuarta.Medidas Additional Provision of support for the extension of the period of activity of workers on permanent contracts discontinuous in the sectors of tourism and trade and hospitality linked to tourism.).
- Decreto-ley Real 24 / 2020 , 26 Junesocial measures for boosting employment and self-employment protection and competitiveness of the industrial sector.
- Instructions for implementation of the real Decretos-ley 24 / 2020 , 26 June, social measures for boosting employment and self-employment protection and competitiveness of the industrial sector and 18 / 2020 , 12 May of social measures in defense of employment
- Decreto-ley Real 19 / 2020 , 26 May, complementary measures are taken in agriculture, scientific, economic, employment and Social security and tax to mitigate the effects of COVID- 19
- Interim instructions for implementation, in terms of protection by unemployment, the royal Decreto-ley 19 / 2020 , 26 May, complementary measures in agriculture, scientific, economic, employment and social security and tax to mitigate the effects of covid- 19 .
- Royal Decree 537 / 2020 , 22 May, which extends the state of alarm declared by the Royal Decree 463 / 2020 , 14 March, declaring a state of alarm for managing the situation of health crisis caused by the COVID- 19 .
- Instructions on the lifting of the suspension of procedural deadlines, administrative and expiration of limitations and established in the Royal Decree 537 / 2020 , 22 May, which extends the state of alarm declared by the Royal Decree 463 / 2020 , 14 March, declaring a state of alarm for managing the situation of health crisis caused by the COVID- 19 . (PDF, 285 KBPS)
- Decreto-ley Real 18 / 2020 , 12 Maysocial action in defence of employment.
- Instructions for implementation of the real Decretos-ley 18 / 2020 , 12 May of social measures in defense of employment and 24 / 2020 , 26 June, social measures for boosting employment and self-employment protection and competitiveness of the industrial sector
- Decreto-ley Real 17 / 2020 , 5 May, approving measures to support the cultural sector and tax character to address the economic and social impact of COVID- 2019 .
- Interim instructions for implementation, in terms of protection by unemployment, the royal Decreto-ley 17 / 2020 , 5 May, approving measures to support the cultural sector to address the situation arising from the COVID- 19 . (PDF, 2 . 182 KBPS). Not valid, see the Instructions Decreto-ley Real 19 / 2020 , 26 May.
- Resolution 1 May 2020 , the public employment service state, which establishes the procedure for the processing of applications of the grant exceptional for unemployment regulated under Article 33 the royal Decreto-ley 11 / 2020 , 31 March, for which urgent measures are taken complementary in the social and economic field to address the COVID- 19 .
- Resolution 30 April 2020 , the public employment service state, which develops the procedure for the processing of applications of special allowance for lack of activity for people integrated into the special system for domestic workers of the General regime of Social security regulated in the royal Decreto-ley 11 / 2020 , 31 March, for which urgent measures are taken complementary in the social and economic field to address the COVID- 19 .
- Decreto-ley Real 15 / 2020 , of 21 April, complementary urgent action to support the economy and employment.
- Resolution 15 April 2020
- Decreto-ley Real 13 / 2020 , of 7 de abril, por el que se adoptan determinadas medidas urgentes en materia de empleo agrario.
- FAQ: expanding the social shield for not leave anyone behind the Vice-Presidency of social rights and Agenda 2030
- Decreto-ley Real 11 / 2020 , 31 March, for which urgent measures are taken complementary in the social and economic field to address the COVID- 19
- Decreto-ley Real 9 / 2020 , of 27 March, which flanking measures are taken, in the workplace, to mitigate the effects of COVID- 19
- Royal Decree 8 / 2020 extraordinary on urgent measures to address the economic and social impact of COVID- 19
- Action COVID- guide 19 the ministry of inclusion, Social security and migration
- Document with information on presentation of ERTES the ministry of work and Social Economy