You will be entitled to the economic benefit of the Social Security for accidents at work, which will be 75% of the contribution base of the previous month. This applies to both employed and autonomous workers.
The date will be considered from the moment that the isolation or illness of the worker is confirmed, even if the sick leave is issued after that date. If the isolation has occurred prior to RDL 6/2020, it will also be recognised. The sick leave report is submitted by the family doctor.
Given the exceptional situation caused by the COVID-19, family doctors in the Community of Madrid will process the discharge and leave reports by telephone.
2. Can I be forced to take or deduct my holiday?
No, your employers cannot force you to do so. Article 38.2 of the Workers’ Statute establishes that holidays must be filed by mutual agreement between the company and the worker. In some contracts it is specified that the company decides on a part of the employee’s holidays, but it must give at least two months’ notice.
In the case of being forced to take holidays, you must show your disagreement in written form and if you are still obliged to take a holiday you can file a lawsuit. But in these circumstances you can reach an agreement with the company.
3. What happens if my company suspends or stops its activity as a result of the coronavirus?
The company can consider teleworking or it can consider an ERTE to reduce the work day. What it cannot do is fire the workers. These are temporary measures for the duration of the current situation and are subject to the laws enacted.
4. Can the company fire me because of the coronavirus?
NO. The company can issue an ERTE (Record of Temporary Employment Regulation). This means that you will not have to go to work during the time the ERTE lasts. Meanwhile, the Social Security will pay you 70% of your salary and the company will pay your contribution.
5. What should I do if I work in a company that is not considered “essential”?
The RD 476/2020 of the 27th of March says that from Monday 30th of March until the 12th of April the workers of the non-essential companies will have to stay at home and will have to compensate the hours of work missed between the end date of the RD and the 31st of December 2020.
6. If I am fired individually or my contract ends, do I have to go to the public employment services?
The SEPE (the former INEM) where unemployment benefits are to be processed has suspended its service to the public in its network of offices. The only option for processing it is virtually: http://www.sepe.es or by telephone 901 11 99 99.
However, the 15-day deadline for applying for unemployment is currently not taken into account during this period.
7. If I’m unemployed, how should I proceed with the stamping?
The Employment Office will automatically renew all job applications. They will send you a stamped job application by email with the next date to be renewed.
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