Factsheet for case ES-2020-14/838 – measures in Spain
|Country||Spain , applies nationwide|
|Time period||Temporary, 30 March 2020 – 09 April 2020|
|Type||Legislations or other statutory regulations|
Employment protection and retention
– Working time and working time flexibility
|Author||Oscar Molina (UAB) and Eurofound|
|Case created||11 May 2020 (updated 22 July 2020)|
In order to reduce mobility of the population in the peak of the COVID-19 pandemic, Royal Decree 10/2020, of 29 March 2020, regulates a recoverable paid leave for employed persons who do not provide essential services.
This recoverable paid leave is mandatory and limited in time between 30 March and 9 April (both included), for all employed personnel who provide services in companies or entities in the public or private sector that carry out qualified non-essential activities.
Workers who have their contracts suspended during the indicated period and those who may continue to provide remote services are exempt from the application of this royal decree.
This royal decree-law will apply to all employed persons who provide services in companies or entities of the public or private sector and whose activity has not been halted as a result of the declaration of state of alarm established by Royal Decree 463 / 2020, of 14 March 2020.
However, the following are exempt from the scope of application:
The recovery of working hours can be made effective from the day following the end of the alarm state until 31 December 2020.
This recovery must be negotiated in a consultation period open for this purpose between the company and the legal representation of the working people, which will have a maximum duration of seven days.
Other groups of workers
Workers in essential services
|Does not apply to businesses||Does not apply to citizens|
Company / Companies
No special funding required
Social partners' role in designing the measure and form of involvement:
|Trade unions||Employers' organisations|
|Form||Direct consultation outside a formal body||Direct consultation outside a formal body|
Social partners' role in the implementation, monitoring and assessment phase:
Social partners were informed and consulted on this measure, though no formal negotiations were carried out.
Trade unions were supportive of this measure, while employers organisations were dissatisfied.
Eurofound (2020), Recoverable paid leave, case ES-2020-14/838 (measures in Spain), COVID-19 EU PolicyWatch, Dublin, http://eurofound.link/covid19eupolicywatch
Disclaimer: This information has not been subject to the full Eurofound evaluation, editorial and publication process. All information is preliminary and subject to change.