Measures and actions arising from the new Coronavirus

Paralización de actividades

This can be the decision of the company, the workers or the prevention delegates. In the first case, the company can implement preventive measures that reduce social contact without stopping work activities, preferably advised by a company lawyer or labour lawyer. However, when the risk of contracting coronavirus is imminent or unavoidable, the staff must be informed immediately and even leave the workplace quickly, stopping activities completely. 

In the event of a serious risk to their health or in the event of an unavoidable contagion of the virus, employees may decide to stop their work activities and leave the company, as may the unitary representation of delegates, without reprisals in any case, unless there is a fundamental negligence.

Preventive health measures

Within any company, occupational and safety measures must be adopted in accordance with the nature of the work activity to protect workers from biological risks. These have been issued by the Ministry of Health in order to ensure proper prevention and avoid collective contagion.

● Reorganise work in order to reduce or avoid contact between people and the number of exposed employees.

● Implement special measures for the most sensitive people.

● Inform and raise awareness about relevant hygiene measures: washing hands several times a day, ventilating work spaces, how and with what to clean surfaces and objects, and the importance of not sharing belongings.

Provide all hygienic implements or materials.

Abide by any other prevention protocols issued by the authorities.

Organisational measures

Some of the measures that could be taken by companies are:

Teleworking:

Whenever possible, this exceptional modality can be chosen and reversed at the moment when it is considered safe to go to the workstations. The implementation of telework may not diminish any prior right to work in terms of safety, health, salary, working hours, rest periods, etc. Moreover, it must comply with current legislation, the collective bargaining agreement and must not involve additional costs for the purchase of equipment for remote working.

Total or partial suspension of activity due to a redundancy plan:

This is when the company cannot continue to provide the service due to force majeure. The coronavirus could affect organisational or productive capacities, so the company decides to partially or totally suspend the working day. To proceed in this way, the company must follow all the steps laid down by law.

Total or partial suspension of the activity without the processing of a redundancy procedure:

In this case, the company stops its activities, but the worker is still entitled to his or her salary.

If the coronavirus emergency leads to the suspension or cancellation of contracts and the company is able to prove its losses due to the current pandemic, the General Treasury of the Social Security could exempt the employer from the payment of Social Security and joint collection contributions. Likewise, in cases of contract termination, compensation for employees will be paid by the Wage Guarantee Fund.

Economic measures COVID-19

The Spanish government issued the COVID 19 decree to promote some economic measures aimed at protecting citizens and the country's productive market.

• 300 million euros to finance the provision of social services to the Autonomous Communities and local authorities, dependent persons and the homeless. It promotes the relaxation of the spending rule for local councils and thus allocate the surplus to social care and services.
• 300 million for a contingency fund for elderly care.
• For vulnerable communities there is a one-month extendable ban on cutting off electricity, natural gas, water and telecommunications services.
• Vulnerable mortgagors whose income is reduced are granted a moratorium on payment of instalments. The same criterion will be applied to mortgage payments for self-employed offices and premises.
• Regarding rents, the COVID 19 decree has suspended evictions without housing alternatives and establishes a 6-month extension of contracts to avoid abusive increases. All those citizens who are currently in a situation of vulnerability will be able to apply for a microcredit with zero interest rate to be paid over a maximum of 10 years. If at the end of the crisis caused by the coronavirus the citizen is still in a vulnerable situation, the State will pay the rent.
• Public subsidies can range from 200 to 900 euros.
• For domestic workers, an assistance allowance will be made available in case of unemployment or reduced hours.
• Companies and self-employed persons will have a moratorium of up to 6 months without interest on social security costs, under the conditions established by the Ministry of Inclusion, Social Security and Migration. It does not apply to those under ERTE's or when the periods of income have already ended.
• When a worker has become unemployed after the declaration of the coronavirus crisis, they can take advantage of the extraordinary unemployment benefit equivalent to about 440 euros per month.
• There is a three-month moratorium on the payment of consumer loans, which can be extended.
• People who lose their jobs due to the pandemic, have to close their businesses or whose income is reduced, can recover a partial amount from their pension plans. This also applies to self-employed people who are unemployed and are registered in the corresponding scheme.
• The payment of benefits will be facilitated for permanent, part-time and cooperative workers.
• National companies as strategic markets or sectors will be protected to prevent them from being taken over by other companies outside the EU.
• ERTEs are considered force majeure and are therefore handled expeditiously.
• All workers affected by the health crisis can collect unemployment benefits, even if they do not have the minimum number of contributions required by law.
• The state will equip companies to charge computers and implement teleworking.
• Online gambling advertising will be banned until the end of the state of emergency to prevent gambling houses from taking advantage of the general public's anxiety and concern.