Labour information and Covid-19, what are our labour rights?

Financial protection for periods of inactivity due to Covid-19

On 10 March, the Directorate General for the Organisation of Social Security established Royal Decree Law 6/2020, with the aim of responding to the situation of workers who were exposed to a close person infected with Covid 19 or who could suffer from the disease.
The Health Authorities have been obliged to subject these people to a strict protocol with preventive isolation in order to avoid contagion until a doctor can certify that they have passed the disease. During this period of time, the people who were active will be under surveillance, receiving the corresponding health care to diagnose their condition, and will be unable to work. For this reason, it was necessary to implement effective economic protection for workers, so that they could cover their jobs during these periods of isolation during which they are inactive. Thus, the Directorate General in its competence has given rise to a series of regulatory adaptations in the face of the great gap existing in the legal system on this subject, adopting the criterion we have mentioned. Here we have compiled some of the most frequently asked questions so that you have an approximate idea of how the use of the powers granted has been approached and what employment rights you can make use of.

How are periods of preventive isolation considered?

As a result of the Covid 19 virus, workers who have been forced to undergo a period of preventive isolation will automatically be in a situation of incapacity due to common illness. During this time, those affected will be entitled to receive a series of benefits, provided that they meet the requirements in each case based on the conditions and terms established by the social security system. Thus, regardless of the treatment of the financial benefit to which the worker is entitled, this period is considered as temporary incapacity and therefore the worker must receive a subsidy to cover the loss of income received in his or her job.

Who should issue the sick leave, confirmation and discharge reports for Covid-19? What is the contingency derived from this case?

The issuing of these reports (sick leave, confirmation and discharge) corresponds solely to the Public Health Service corresponding to the Autonomous Community where the worker resides. Although this condition is treated as a common illness, for economic purposes it will be treated as an occupational accident.

Who is responsible for the payment of this type of incapacity?

The employer must pay the full salary on the day of the sick leave, even if on the day of the sick leave, the worker had not effectively rendered his services. From the following day, the incapacity must be covered by the entity in charge of protecting the professional contingency derived from the alteration of the health of the employees of an entity or company.

What happens with regard to cases prior to the entry into force of Royal Decree Law 6/2020?

If a period of isolation took place before the entry into force of Royal Decree-Law 6/2020 of 10 March, the treatment will take retroactive effect, taking into account the date on which the diagnosis of the illness and consequent isolation took place.
In this way, the affected worker will receive the corresponding economic benefit for incapacity, being considered as if it were an accident at work.

Can I be included in an ERTE while I am on sick leave?

Indeed, the worker can be included in an employment regulation procedure for the reduction or suspension of working hours, even if at that moment he/she is receiving a benefit, either for maternity or paternity leave, or for temporary incapacity. However, these measures will not be affected until the maternity or paternity leave ends or the worker is discharged from work. This worker will continue to receive the benefit to which he/she was entitled, paid by the company in the form of a delegated payment scheme or by the corresponding entity (in the case of maternity or paternity benefits, they would be managed directly by the National Institute of Social Security).

If I am included in an ERTE, who will pay the benefit?

In this case, the temporary incapacity benefit must be paid by the entity that corresponds to each case, either by the State Public Employment Service or SEPE, by the National Social Security Institute or, in the case of seafarers, by the Social Marine Institute.
In any case, the amount received will be the same as the unemployment benefit to which the worker would be entitled, with the consumption of the corresponding benefit days.

G. Elías Muñoz Abogados is a law firm specialised in labour law and our task is to look after your interests in any legal dispute that may arise in order to obtain what you are entitled to. Our employment lawyers will defend your interests and do everything necessary to ensure that you win your claim. In this case, in order to cover this situation of helplessness, a higher protection has been granted with economic benefits that until now were not indicated for illnesses that were not of an occupational nature. At G. Elías Muñoz Abogados we will help you to acquire the preventive cover you are entitled to without you having to worry about anything.

Make a video call with us and we will advise you so that you understand what this procedure consists of and what benefits you are entitled to.