An advanced Council of Ministers plans to approve this Monday a set of work measures for workers affected by the tragedy of DANA. An aid program that the Second Vice President of the Government and Minister of Labor, Yolanda Díaz, named “shield of labor” and which includes ERTE, work permits paid at 100% of salary and a new extraordinary benefit for domestic workers.
This is the second package of measures for people affected by the storm adopted by the Executive, after announcing last week a first set of aids for people affected by the disaster, estimated at 10.6 billion euros. The Council of Ministers was brought forward to this Monday so that Pedro Sánchez could chair it, since this Tuesday he will be in Azerbaijan to participate in the Climate Summit.
ERTE for the companies concerned
This “work shield”, which will have retroactive effect from October 29, includes the Temporary work regulation files (ERTE) due to force majeure or for economic, technical, organizational or production reasons (ETOP), which can benefit companies located in areas affected by DANA but also those which justify that their activity was affected by the storm , according to government sources cited by Europa Press.
Workers included in an ERTE who see their working time reduced or their employment contract suspended by DANA are entitled to a contributory benefit, 70% of the regulatory basis, which does not require a prior contribution period and does not consume contribution periods either. ERTE companies will also be exempt from paying 100% of contributions at least until February 28, 2025.
The government calculates that the potential number of workers who could join an ERTE because they work in a municipality affected by the storm exceeds 350,000 people, with an approximate cost of 147.9 million euros.
Paid leave for workers
The “work shield” also includes: Leave paid at 100% of salary for workers who, because of DANA, cannot go to their workplace or telework. Unlike those that were put in place during the pandemic, these permits will be irrecoverable, so the worker will not have to make up the hours not worked.
These authorizations, which will not result in loss of contributionswill be the responsibility of companies, whether or not covered by an ERTE, and will have indefinite durations (days of leave will not be valued), except in the case of leave for the death of family members, which is extended to five days at from the date of the funeral.
Workers who cannot go to work can benefit from these permits if their travel involves a danger to your safety and health or interferes with rescue and recovery efforts, as well as workers performing rescue duties. search for missing loved ones or take charge of his death.
Those who, following loss of your home or belongingscannot go to work, or when it is not possible to telework due to lack of devices or coverage. In all these cases, all workers can be absent from work and take this non-recoverable paid leave.
“What we have done is to adjust a multitude of causes precisely to the granting of paid leave, which is why I want to send a message of tranquility to workers. For example, when there are mobility problems , coverage is provided for paid leave. This is why workers must be calm, because they will receive and contribute to efficient work as if nothing had happened,” Díaz herself explained last Friday.
Benefit for domestic workers
The “work shield” also includes a extraordinary benefit for domestic workersof 70% of the regulatory base, without a waiting period – that is to say without it being necessary to respect a minimum contribution period – and without consumption of contributions. Furthermore, sources from the Executive indicated to Europa Press that the reasons for accessing this benefit will be simplified, for example in the event of death, disappearance or absence of address of the employer.
On the other hand, and as was done during the pandemic, the Ministry of Labor will launch a “Mecuida Plan” which will allow workers to adapt or reduce their working hours by up to 100% to care for minors and other family members. This plan considers all possibilities for adapting the working day: from teleworking, to adapting working hours and reducing the working day, or even up to 100% of it. According to executive sources, these conciliation rights are configured as individual rights.
Likewise, the work will “prohibit” dismissal due to DANA, such that any possible dismissal will be considered null and void – and temporary contracts will be suspended, without being able to be terminated. In addition to the “labor shield”, the Minister of Economy, Trade and Business, Carlos Body, announced last Friday that the Council of Ministers would approve this Monday new help for those affected of DANA, which they will be able to return in five or seven years.
Second aid program
All these measures are in addition to the State aid plan for the areas affected by DANA, valued at 10.6 billion euros, which the government approved last Tuesday and which envisages direct aid and tax measures for families, businesses and the self-employed.
This plan provided for the implementation of a Extraordinary temporary disabilitywhich will allow the collection of 75% of the salary from the first day to workers and self-employed workers with physical or psychological damage caused by DANA. Likewise, the 15% increase has already been approved and for an initial period of three months, extendable, from Minimum subsistence income and non-contributory pensionswhich will come into force at the end of this month, without any procedure being necessary.
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