10.6092/issn.1561-8048/11106
The COVID-19 pandemic has had a great impact in Spain. With the purpose of slowing down the spread of the virus and controlling the situation, the Government declared the state of alarm and imposed restrictions to people’s movement and social contact (including temporary confinement of the population at home). Most economic and working activities were temporarily paralysed, leaving apart those considered ‘essential services’ and other exceptions. With the aim of reducing the economic and social impact of such extraordinary circumstances, protecting workers and allowing to resume working activities after the crisis, the Government approved a package of urgent legislation, including a large list of measures in the area of Labour Law and Social Security: among others, promoting telework; facilitating the adaptation of working time to family care needs; favouring the temporary suspension of employment contracts or the reduction of working time due to force majeure or other grounds related to COVID-19, while dismissals were limited; establishing an extraordinary paid leave for workers of undertakings forced to stop their activity; finally, adapting and enhancing unemployment benefits and other forms of social protection. This paper provides a panoramic explanation on this legislation aiming to face the COVID-19 health, economic and employment crisis.
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Covid-19 and Labour Law Measures in Spain: Emergency Rules to deal with a Health, Economic and Employment Crisis
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Diego Álvarez Alonso
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Covid-19 and Labour Law Measures in Spain: Emergency Rules to deal with a Health, Economic and Employment Crisis
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COVID-19 and Labour Law measures in Spain: emergency rules to                      Italian Labour Law e-Journal
deal with a health, economic and employment crisis                                        Issue 1, Vol. 13 (2020)
Joaquín García Murcia, Iván Rodríguez Cardo, Diego Álvarez                                      ISSN 1561-8048
Alonso                                                           https://doi.org/10.6092/issn.1561-8048/11106
jgmurcia@der.ucm.es
rodriguezivan@uniovi.es
diegoalonso@uniovi.es




       COVID-19 and labour law measures in Spain:
     emergency rules to deal with a health, economic and
                     employment crisis
                   Joaquín García Murcia, Iván Rodríguez Cardo,
                             Diego Álvarez Alonso
 1. General overview. 2. Working during the confinement. 3. Prohibition of dismissals and
 temporary suspension of employment contracts. 4. An extraordinary paid leave for workers
 on non-essential activities. 5. The enhanced Social Security protection. 6. A new Social
 Security benefit: ‘minimum living income’. 7. Measures for specific activities and workers. 8.
 The return to a ‘new normality’: the ‘de-escalation’ process.



                                                   Abstract

     The COVID-19 pandemic has had a great impact in Spain. With the purpose of slowing down
     the spread of the virus and controlling the situation, the Government declared the state of alarm
     and imposed restrictions to people’s movement and social contact (including temporary
     confinement of the population at home). Most economic and working activities were
     temporarily paralysed, leaving apart those considered ‘essential services’ and other exceptions.
     With the aim of reducing the economic and social impact of such extraordinary circumstances,
     protecting workers and allowing to resume working activities after the crisis, the Government
     approved a package of urgent legislation, including a large list of measures in the area of Labour
     Law and Social Security: among others, promoting telework; facilitating the adaptation of
     working time to family care needs; favouring the temporary suspension of employment contracts
     or the reduction of working time due to force majeure or other grounds related to COVID-19,
     while dismissals were limited; establishing an extraordinary paid leave for workers of
     undertakings forced to stop their activity; finally, adapting and enhancing unemployment
     benefits and other forms of social protection. This paper provides a panoramic explanation on
     this legislation aiming to face the COVID-19 health, economic and employment crisis.

     Keywords: Covid-19; State of alarm; Telework; Temporary suspension of employment
     contracts; Temporary reduction in working hours; Force majeure; Dismissals; Social Security
     benefits.


 
  Joaquín García Murcia is Professor of Labour and Social Security, University Complutense of Madrid; Iván
 Rodríguez Cardo is Associate Professor of Labour Law and Social Security, University of Oviedo; Diego
 Álvarez Alonso is Associate Professor of Labour Law and Social Security, University of Oviedo. This article
 has been submitted to a double-blind peer review process.
Joaquín García Murcia                                                                Italian Labour Law e-Journal
Iván Rodríguez Cardo                                                                        Issue 1, Vol. 13 (2020)
Diego Álvarez Alonso                                                                        Section: Miscellaneous



1. General overview.

   To deal with the effects of the COVID-19 pandemic and with the purpose to slow down
the spread of the virus, on March 14, 2020, the Spanish Government decided to activate the
state of alarm, according to Article 116 of the Spanish Constitution1. Within this framework,
and with the aim of restricting contact amongst people and the subsequent probability of
contagion, the Government imposed many significant restrictions. Among other things, very
important limitations of freedom of movement and a tighter border control to prevent the
entry in Spain2, with some exceptions (i.e., frontier workers or health staff for attending
work)3. From the perspective of economy and work, all recreational, cultural, sports and
commercial activities were suspended on that date, March 14, as well as hospitality and
educational activities to be carried out on-site4.
   On March 29, Royal Decree-Law 10/2020 initiated a second stage, going further ahead,
suspending all non-essential activities until April 9, and establishing an especial compulsory
paid leave for the forced interruption of the activity of all those workers performing activities
considered as non-essential5. Except for those performing essential activities, the population
was submitted to confinement or lockdown at home, allowing movement outside just for
justified reasons and basic needs. The Government made clear in that moment that the
duration of the state of alarm would be longer than it was initially anticipated, but the
intensity of the restrictions on mobility and economic activity would be different depending
on the evolution of the pandemic.
   The state of alarm has been extended every 15 days, with the corresponding support of
the Parliament. The last extension approved so far will end on June 76, but, probably, it will
not be the last one, as the Government was preparing and negotiating another extension by
the time in which this text has been submitted for publication. This is being done in the
framework of the ‘Plan for the transition to a new normality’, this is, the governmental
strategy for the so-called ‘de-escalation’ from the limitations on economic activities,

1 https://www.boe.es/buscar/act.php?id=BOE-A-1978-31229. See also, Organic Law 4/1981, June 1, on the
state of alarm (https://www.boe.es/buscar/act.php?id=BOE-A-1981-12774), the state of exceptionality and
the state of siege. This Spanish constitutional and legal framework allows the Government to declare the state
of alarm for a period of 15 days, which can be extended with the authorisation of the Parliament, to face
exceptional situations as natural disasters, health emergencies or pandemics, block of essential services or
shortage of basic need products. Within the state of alarm, the Government takes extraordinary powers, being
entitled, for instance, to assume control of competencies normally corresponding to the regional governments
of the autonomous communities, to requisition of goods, to imposition of compulsory services to persons or
businesses, or to adopt restrictions of people’s movement. Anyhow, it is important to outline that constitutional
fundamental rights are not suspended in the state of alarm, which does neither involve an alteration in the
configuration of the democratic institutions. Therefore, in the state of alarm, the Government acquires
additional capabilities and entitlements, but these are nevertheless temporary and constitutionally and legally
limited.
2 Orden INT/239/2020, March 16:

(https://www.boe.es/boe/dias/2020/03/16/pdfs/BOE-A-2020-3776.pdf). These limitations will be in force
until the end of the state of alarm according to Orden SND/439/2020, May 23
(https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-5264).
3 Orden SND/439/2020, May 23 (https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-5264).
4 Royal Decree 463/2020, March 14, https://www.boe.es/buscar/act.php?id=BOE-A-2020-3692.
5 https://www.boe.es/buscar/act.php?id=BOE-A-2020-4166.
6 This extension was published in the Official Gazette of May 23:

 https://www.boe.es/buscar/act.php?id=BOE-A-2020-5243.

https://doi.org/10.6092/issn.1561-8048/11106                                                                   142
Joaquín García Murcia                                                       Italian Labour Law e-Journal
Iván Rodríguez Cardo                                                               Issue 1, Vol. 13 (2020)
Diego Álvarez Alonso                                                               Section: Miscellaneous



movement and contact amongst people, gradually reducing them according to four
consecutive phases, and maintaining nevertheless some caution and prevention measures in
order to avoid a new upsurge of the public health crisis7.
   Obviously, the economic activity has decreased during the state of alarm, either as a direct
result of the suspension decided by the Government, or, indirectly, due to the consequences
of the limitations on freedom of movement (lockdown of the population). Consequently,
many undertakings suffering a dramatic stop or reduction of their activity took measures for
interrupting, reducing or modifying the working time of their employees, and temporary
suspensions of the employment relationships or dismissals have affected more than three
million workers. On March 17, the Government adopted Royal Decree-Law 8/2020 with
specific measures for this period8, some of them in the field of Labour Law, and specifically
regarding those business decisions on reductions and interruptions of working time due to
the exceptional circumstances. These measures were supplemented by the ones included in
Royal Decree-Law 9/2020, March 27, with the purpose of protecting employment and
minimalize the impact of the crisis in the working people. One of the keys for achieving
those aims was the explicit limitation of dismissals during the state of alarm9.
   Of course, ‘ordinary’ and previously existing Labour Law provides tools to deal with crisis
and restructuring of undertakings. Those rules are in accordance with European Union Law
and are reasonably effective in the most common situations. However, COVID-19 has led
to an emergency context and the traditional rules did not fit properly. New and more adapted
rules were needed.
   Certainly, the Government (with validation by the Parliament) has passed an important
bunch of measures and rules in the field of both Labour Law and Social Security within the
period of the COVID-19 alert, with the purpose of dealing with the exceptional situation.
All these regulations are included in a ‘Code’, daily updated, and available for consultation in
the Official Gazette (BOE) website10. In general, many of these measures for protecting
workers and supporting the employing undertakings might be somewhat of a temporary and
conjunctural nature, consisting in a package of emergency legislation for facing the severe
impact on employment and occupation, but based on an urgency and short-term approach,
rather than in a long-term perspective.
   Many of those new rules seem to have a limited temporal scope of action, so their
applicability will probably expire when the extraordinary circumstances underlying their
approval are over. More exactly, at the moment, the most of them are declared applicable
while the extraordinary situation persists and extended for three months after the state of
alarm expires. These exceptional provisions create a somehow ‘parallel Labour Law’,
differing from the general framework traditionally applicable, but just for this concrete lapse
of time affected by the pandemic (and the immediately subsequent months). Therefore,
during this period two different regulations coexist. On the one hand, the more traditional
Labour Law, mainly included in the Workers´ Statute. On the other hand, these emergency

7-https://www.mscbs.gob.es/profesionales/saludPublica/ccayes/alertasActual/nCov-
China/planDesescalada.htm.
8 https://www.boe.es/buscar/act.php?id=BOE-A-2020-3824.
9 https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4152.
10 https://www.boe.es/biblioteca_juridica/codigos/codigo.php?id=355.



https://doi.org/10.6092/issn.1561-8048/11106                                                          143
Joaquín García Murcia                                                   Italian Labour Law e-Journal
Iván Rodríguez Cardo                                                           Issue 1, Vol. 13 (2020)
Diego Álvarez Alonso                                                           Section: Miscellaneous



provisions, which partially displace structural Labour Law while the effects of the pandemic
remain. Some of these emergency regulations are designed for the whole duration of the state
of alarm, but others will be (or have been) in force for a very limited time, depending on the
phases of the so-called ´de-escalation´ with the aim of returning to a ‘new normality’.
    At a first glance, most of the temporary emergency measures approved during the period
of the COVID-19 pandemic might not necessarily involve a structural modification of the
relevant provisions of Labour Law on matters such as working time, interruptions and
reductions of work and dismissals, nor of those concerning the Social Security system.
However, we cannot totally discard the maintenance of some of these new regulations after
the crisis, and it is possible to guess a deeper impact in the future of Labour Law, even if it
is still too early to deliver a precise conclusion on this point. For now, trade unions and
employers’ organisations have already suggested to the Government that a new regulatory
framework for telework would be desirable.
    This is precisely one of the key features or lessons that can be drawn from this health
crisis: telework has been promoted as a natural alternative to on-site work. Work organisation
will probably experience huge changes in the near future due to ICTs, so Labour Law will
need a reform to face these challenges. Moreover, this preference for telework has revealed
that the rights to work-family life balance do not properly fit with this kind on context, where
schools, kindergartens or centres for elderly persons, for example, are closed, so a lot of
people are continuously living in the same house at the same time and there is no easy way
for the worker to take care of all obligations and duties of both the job and the family.
    However, this is not the only lesson to be learned. Perhaps the most prominent feature
has been the leading role of the Government during the whole crisis. The Government, with
the support of the Parliament, have passed a set of new regulations with lesser space for
agreements between employers and workers or their representatives. Therefore, in times of
crisis, the public authorities seem to be required to take the leadership and adopt a more
direct intervention, possibly at the expense of reducing the sphere of autonomous
composition of interests in private relationships (including the area of employment and
labour relations), or even altering some rights or expectations that everyone would take for
granted in a normal context.
    In this leadership role, the Government has devoted its greatest efforts to protecting
employment in the long term, trying to avoid dismissals, and prioritizing less drastic measures
that allow the continuation of the employment relationship. Among these, reductions in
working hours and temporary suspensions of contracts have become very common, which
has also led to modifications in the field of Social Security to provide alternative income to
those affected. It is worth mentioning that public employment has experienced a lesser
impact than employment in the private sector. One of the main reasons is that the lockdown
has not extended to essential services, provided by public administrations.




https://doi.org/10.6092/issn.1561-8048/11106                                                      144
Joaquín García Murcia                                                   Italian Labour Law e-Journal
Iván Rodríguez Cardo                                                           Issue 1, Vol. 13 (2020)
Diego Álvarez Alonso                                                           Section: Miscellaneous



2. Working during the confinement.

    The restriction of freedom of movement did not imply the total stop of production. The
aforementioned Royal Decree-Law 8/2020 prioritised the continuity of employment
contracts through telework whenever possible. Article 13 of the Labour Code11 provides the
general rules for telework and requires a written agreement between the employer and the
worker to allow this modality of work performance. It also contains some specific provisions
to guarantee employee’s rights. It was not easy to fully comply with all these requirements
for telework set in Article 13, in the context of the sudden lockdown, and the subsequent
forced and unexpected turn of presential activities into a non-presential mode, due to the
exceptional situation, and without a previous and proper planning on its implementation.
For example, according to the aforementioned provisions, telework was traditionally
voluntary and required mutual agreement amongst the parties. However, in the current
situation, it has become not exactly as voluntary as before: it might be the only option to
continue for many businesses and undertakings, and it can be somehow forcedly requested
by the employee to the employer or vice versa, whenever this is the only option for
maintaining work and complying with the restrictions of movement and activity at the same
time.
    Accordingly, Royal Decree-Law 8/202012 established new urgent emergency rules for
telework in the context of the pandemic and the confinement of people at home. These are
applicable just temporarily, and do not directly involve a structural change of the traditional
legal regime on the matter for the long term, even if it is possible to guess a future new
legislation on telework, as a result of the insufficiencies revealed during the COVID-19 crisis.
Article 5 of this legal piece regulated ‘the preferential character of telework’, trying to
promote and to make more flexible the legal requirements for adopting this mode of work
performance. The underlying idea is that telework is a better alternative than the total
interruption of the activity, and the subsequent consequences regarding the paralysation of
the economy, the suspension of employment contracts or employee dismissals. The goal was
to ensure that businesses and employment relationships could continue to some extent and
resume normally as soon as possible. Precisely considering this reason, for enabling the
sudden turn into telework, some of the rules regarding employer's obligations on prevention
of occupational hazards for teleworkers have been made more flexible. The requirement of
a previous assessment on those risks by the employer has been considered fulfilled in a
simplified manner, by means of a voluntary self-assessment carried out by the teleworker
him/herself.
    However, telework was not declared mandatory, because, obviously, not all activities
could continue this way. For activities not forcedly interrupted as a consequence of the
declaration of the state of alarm and not suitable for telework, on-site work was allowed, but
applying more flexible rules on working time and other special provisions during this period.
Therefore, the total interruption of work and the temporary suspension of the employment
contracts are not the only options to deal with this situation, and probably not the best for


11   https://www.boe.es/buscar/act.php?id=BOE-A-2015-11430.
12   https://www.boe.es/buscar/act.php?id=BOE-A-2020-3824.

https://doi.org/10.6092/issn.1561-8048/11106                                                      145
Joaquín García Murcia                                                           Italian Labour Law e-Journal
Iván Rodríguez Cardo                                                                   Issue 1, Vol. 13 (2020)
Diego Álvarez Alonso                                                                   Section: Miscellaneous



the workers. In the event of a decrease in demand and production levels, and thus in
workforce needs, the Law allows employers, as a less drastic alternative, to impose a
reduction of the working time of the workers, with a proportional adjustment in wages. The
affected workers are entitled to unemployment benefits, so this measure does not cause a
total loss of income.
   It is worth mentioning that some regions adopted special provisions affecting the staff of
the Public Administration, with the aim of guaranteeing the functioning of essential services
and the adequate attention to general interest requirements. These measures affected all the
personnel of the concerned Public Administrations, both civil servants and employees with
an employment contract. This regulatory framework allows more flexibility for decisions on
new assignments of tasks and functions, transfer to another workplace, modifications in
working time, including leaves and breaks, and hiring of new personnel13.
   It should also be mentioned that Article 37 of the Labour Code grants the worker the
right to certain adaptations or modifications of working time in case that s/he needs to face
family responsibilities. With a non-necessarily structural long term effect, Article 6 of Royal
Decree-Law 8/2020 provided special rules for those cases when the worker has care
responsibilities specifically deriving from the situation caused by COVID-19, widening then
the rights of the employees for re-conciliation of work and family-life. Nevertheless, the
exercise of this right to adaptations or modifications of working time in this enhanced
version requires the worker to proof that there are new family care needs due to
circumstances directly related to the Coronavirus alert, such as the closure of educational
centres (in the case of children), or even that the professional caregiver who cared after an
elderly or dependant person is no longer available to carry out this task, so the worker
him/herself should take care directly of his/her family member.
   In these circumstances, the employer and the worker should look for an agreement to
implement a proportional measure allowing the worker to take care of his/her family
responsibilities. The law provides a wide catalogue of measures: telework, shift changes, split
shifts, continuous shift, change of workplace, assignment to different functions or any other
reasonable and proportionate change in working conditions.
   These extraordinary measures -special provisions on telework and the adaptation of
working conditions and working hours- were declared in force during the state of alarm and
in the three months following its termination. In this regard, Article 15 of Royal Decree
15/2020, April 21, extended for two months the initial duration established in Royal Decree
8/202014.




13 I.e., Navarra, region that has approved with two provisions with this purpose: Decree-Law 1/2020, March
18:
(https://www.boe.es/buscar/act.php?id=BOE-A-2020-4381) and Ley Foral 6/2020, April 6:
(https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4540).
14 https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4554.



https://doi.org/10.6092/issn.1561-8048/11106                                                              146
Joaquín García Murcia                                                         Italian Labour Law e-Journal
Iván Rodríguez Cardo                                                                 Issue 1, Vol. 13 (2020)
Diego Álvarez Alonso                                                                 Section: Miscellaneous



3. Prohibition of dismissals and temporary suspension of employment contracts.

    In this section, we comment some of the most outstanding rules approved as urgent
legislation for facing the negative effects of the COVID-19 crisis. These are not structural
modifications of Labour Law, but nevertheless very important measures, temporarily
applicable during that extraordinary period, and already expected to transitorily remain for
some time during the process of returning to normality, in the terms afterwards detailed. As
said, Royal Decree-Law 8/2020 tried to avoid a massive jobs loss resulting from the situation
generated by the pandemic and the restrictions imposed during the state of alarm, and to
ensure that the business activities and employment relationships could resume normally as
soon as possible after this period of exceptionality. For this purpose, Article 2 of Royal
Decree-Law 9/2020, March 27, banned dismissals on the grounds of force majeure or on
economic, technical, organisational or production grounds during the state of alarm15. As a
less aggressive alternative to dismissals, this legal text tried to give the employers incentives
for eventually deciding just the temporary suspension of employment contracts, interrupting
work and remuneration but preserving jobs, instead of drastically terminating employment
relationships. This kind of measures aiming the protection of employment seems to be fully
consistent with the orientations provided by the ILO guidelines on the matter16.
    In fact, the measures adopted to stop the expansion of COVID-19 affected many
businesses, which could not continue with their activities, or could not continue as before.
For those cases, or in those of impossibility to continue the activities due to the sickness or
confinement of the workers or given the lack of supplies too, Article 22 of Royal Decree-
Law 8/2020 allowed the employer to take adjustment measures on the workforce. All those
circumstances were considered as a specific cause of force majeure, enabling then the
employer to adopt decisions on temporary suspension of employment contracts or reduction
of working time, within more favorable and flexible conditions. It is worth mentioning that
Article 47 of the Labour Code already allowed this kind of measures in case of force majeure,
but it was not fully clear if all the situations related with COVID-19 could fit into this
provision. Royal Decree-Law 8/2020 clarified that all the mentioned Coronavirus-related
circumstances fall under the scope of application of these provisions on adjustments on the
grounds of force majeure. Besides, temporary suspensions of employment contracts were
not allowed initially during the state of alarm in those undertakings providing essential
services, as private health-care establishments. However, Royal Decree-Law 15/2020
eliminated that restriction and permitted such measures in this kind of entities17.
    The general procedure for suspension of employment contracts on the grounds of force
majeure traditionally regulated in Article 47 of the Labour Code requires an administrative
procedure before the Labour Administration. This is applicable to the COVID-19-related
situations, but with easing procedures and especial advantages. Thus, employers were
enabled to adopt measures such as temporary suspension of employment contracts or the
reduction in working hours and the proportional adjustment of remunerations, according to
those more favourable conditions, whenever they provide prior evidence on the relevance

15 https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4152.
16 https://www.ilo.org/global/topics/coronavirus/impacts-and-responses/lang--en/index.htm.
17 https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4554.



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Joaquín García Murcia                                                     Italian Labour Law e-Journal
Iván Rodríguez Cardo                                                             Issue 1, Vol. 13 (2020)
Diego Álvarez Alonso                                                             Section: Miscellaneous



of the problem and its link to the COVID-19 situation. The reality of the alleged force
majeure context is submitted to verification by the Public Administration (the Ministry of
Labour or the relevant body of the region involved, regarding the territorial scope of the
decision) within five days following the undertaking’s request. The proceedings on the matter
have been simplified and abbreviated, in comparison to those generally applicable. Besides,
another significant benefit is that, during these force majeure temporary suspensions of
employment contracts, undertakings with less than 50 workers are totally exempted from
contributions to Social Security concerning the affected workers, and larger ones are only
obliged to pay 25% of the total contributions, which is a relief regarding the contributory
obligations normally applicable.
   The undertaking could also apply suspensions of contracts or working time reductions
not only on the basis of force majeure, but also relying on economic, organizational, technical
or production grounds. In fact, this would be the option to take for those undertakings
indirectly affected but not capable to evidence one of the mentioned force majeure
circumstances more directly connected to the COVID-19 situation. In these cases, the
general rules traditionally established in the Labour Code apply, requiring previous
consultation with the workers’ representatives and a procedure before the Labour
Administration. However, the COVID-19 alert and the restrictions established during the
state of alarm involved problems to fully comply with those information and consultation
rights. Article 23 of Royal Decree-Law allowed a flexibilization and abbreviation of the
consultation procedure, which, in the absence of workplace elective representatives (mainly
for undertakings with less than 10 workers), is to be held with the most representative and
sectoral-representative unions, or with three workers specifically designated by the staff for
that negotiation. In addition, the duration of this negotiation in ordinary situations (15 or 30
days depending on the size of the undertaking) was reduced in this COVID-19 cases to 7
days, to speed up the procedure.
   All these more flexible measures were conditioned to the undertaking's commitment to
maintain the employment levels for a period of six months from the date on which the
activity resumes. There is an exception for the case of artists, in the event of final cancellation
of the show for which they were employed, according to Additional Provision 14 of Royal
Decree-Law 11/202018. On the other hand, this legal framework on measures for
adjustments on workforce needs and working time is completed with provisions on
administrative penalties, for cases of fraud, lack of proper grounds justifying the decisions
adopted or non-compliance with the relevant requirements.
   These measures have also a specific effect on fixed-term contracts. The computation
regarding the maximum duration or the expiry date of fixed-term contracts is interrupted
during the period of suspension of employment contracts in the context of COVID-1919.
Therefore, the Law created a kind of parenthesis in the duration of fixed-term contracts, so
that they cannot expire or be terminated during a temporary suspension due to force majeure
or economic, technical, organizational or production-related grounds. The duration of the


 https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4208.
18

 Article 5 of Royal Decree-Law 9/2020:
19

https://www.boe.es/buscar/act.php?id=BOE-A-2020-4152&p=20200513&tn=1#a2.

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Joaquín García Murcia                                                       Italian Labour Law e-Journal
Iván Rodríguez Cardo                                                               Issue 1, Vol. 13 (2020)
Diego Álvarez Alonso                                                               Section: Miscellaneous



fixed-term contract is paralyzed when the temporary suspension of contracts begins and the
employment relationship resumes after that temporary interruption. Similar measures were
put in place for university teaching staff and for researchers with a fixed-term employment
contract20.
    According the original provisions, the effects of the hereby commented temporary
suspensions of employment contracts should finalise with the end of the state of alarm.
However, the COVID-19 crisis has lasted more than expected at first, and it was very early
made evident that some restrictions and especial regulations would remain in force after the
state of alarm, during the so-called ‘new normality’ (i.e., social distance). As this is likely to
have an important impact on the economic activity, Royal Decree-Law 18/2020, May 12,
extended the effects of the exceptional regulations on temporary suspension of employment
contracts and working time reductions even after the state of alarm is over21.
    Therefore, temporary suspensions of employment contracts according to the especial
COVID19-related rules, and all the measure related, even the reductions of the employers’
contributions to Social Security, will remain in force until June 30, at least. In this new
context, temporary suspensions of employment contracts could affect the whole staff or only
part of it, when the undertaking can resume its activity, but not at full capacity. However,
this extension of favourable rules and effects includes some limitative conditions: a)
undertakings with tax residence in a tax haven are excluded; b) undertakings with more than
fifty workers benefiting from these measures cannot pay dividends, and c) the prohibition of
dismissals during six months continues in force, although it is not applicable to undertakings
with risk of entering into bankruptcy procedures.
    Finally, the measures more recently passed by the regional governments of the
Autonomous Communities are aimed to protect and promote employment, adapting the
employment plans to this extraordinary situation22 or providing more funds to help job
creation23.


4. An extraordinary paid leave for workers on non-essential activities.

    On March 30, the restrictions of movement and the confinement of the population were
made even more strict than before, and all non-essential working activities to be performed
in a presential mode were suspended until April 9 by Royal Decree-Law 10/202024. Telework
was allowed, but on-site work was forbidden, except for general interest essential or basic
services and those tasks considered necessary to resume the activity after this reinforced
lockdown, for example in the case of industries with blast furnaces.



20 Additional Provisions 12 and 13 of Royal Decree-Law 11/2020:
https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4208.
21 https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4959.
22 Decree-Law (Andalucía) 10/2020, April 29 ( https://www.juntadeandalucia.es/boja/2020/521/1).
23 Decree-Law (Cataluña) 16/2020, May 5:

https://dogc.gencat.cat/es/pdogc_canals_interns/pdogc_resultats_fitxa/?action=fitxa&documentId=87289
3&language=es_ES.
24 https://www.boe.es/buscar/act.php?id=BOE-A-2020-4166.



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Joaquín García Murcia                                                       Italian Labour Law e-Journal
Iván Rodríguez Cardo                                                               Issue 1, Vol. 13 (2020)
Diego Álvarez Alonso                                                               Section: Miscellaneous



    However, the list of essential activities was a long one (more than 25): agriculture, food
transport, food stores, health care, law enforcement bodies, transport of passengers and
goods, production and distribution of electricity, distribution of gas and water, gas stations,
telecommunications, ports, airports and the media, etc. The Government could specify or
expand this list, as has happened in relation to some health-care services25, as well as with
regard to services for the protection of victims of gender violence26.
    The affected workers in these non-essential activities legally forced to stop were entitled
to a paid leave until the end of this suspension in April 9. This was a general paid leave
directly established by Royal Decree-Law 10/2020, and compulsorily imposed to all the
employers within the scope of application of this legal text. Nevertheless, according to these
provisions, this leave is ‘recoverable’, so the concerned employees will need to perform those
lost working hours when the activity resumes, during the year 2020. The way for recovering
those working hours before December 31 is to be negotiated between the undertaking and
the workers' representatives. In the absence of workers' representatives (mainly workplaces
with less than 10 workers), the negotiation on behalf of the employees can be carried out by
the most representative and sector representative unions, or even by three workers directly
elected by their colleagues with that purpose.
    This is obviously an urgent and emergency nature measure. Its application declines with
the end of the COVID-19 crisis and the restrictions to business activities and people’s
movement. Nevertheless, the effects will somehow remain later, as the recovery of the
working time lost is to be negotiated and completed afterwards and will possibly generate
some labour disputes on the matter.


5. The enhanced Social Security protection.

   Social Security has played a decisive role during the COVID-19 crisis. Due to the great
impact of the situation on employment, the Government adopted some extraordinary
measures in this area too, applicable temporarily during the very particular context of the
pandemic, and even extending for some time afterwards. Firstly, unemployment benefits
were extended (in an extraordinary way) to deal with the consequences of the lockdown.
Indeed, workers affected by temporary suspension of employment contracts or reduction in
working hours due to COVID-19 enjoyed special unemployment benefits. In these cases,
among other things, the legal requirements for enjoying unemployment benefits were
lowered, for instance, not requesting any previous minimum contribution period. The regular
unemployment benefits require at least 360 days of contribution within the last six years. The
recognition of these special benefits follows also particular rules, because they must be
requested directly by the undertaking, instead of the employees themselves, to ease the
administrative procedure and to reduce on-site activities. Besides, conversely to the general
rule, the payment of unemployment benefits to the workers in the context of these
COVID19-related temporary suspensions of employment contracts is not computed as


25   Orden SND/310/2020, March 31 (https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4211).
26   Royal Decree-Law 12/2020, March 31 (https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4209).

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Joaquín García Murcia                                                      Italian Labour Law e-Journal
Iván Rodríguez Cardo                                                              Issue 1, Vol. 13 (2020)
Diego Álvarez Alonso                                                              Section: Miscellaneous



consumption of such benefits and consequently discounted from the contribution records
of the beneficiary, so it does not affect nor the right nor the duration of future unemployment
benefits27.
    Unemployment protection for the cases of suspension of work or reduction of working
hours has been enhanced too in the case of members of cooperatives, when such
circumstances are related to the Covid-19 crisis, in equivalent terms to those of temporary
suspension of employment contracts. Some specific advantages have been established too
regarding unemployment benefits for the case of seasonal employees who have been unable
to work due to the COVID-19 situation28.
    The right to unemployment benefits is also extended to all artists29, and even to workers
who have resigned from a job because they had a job offer with another undertaking, but the
contract was never started due to COVID-19 situation. In addition, other requirements to
enjoy unemployment benefits were made temporarily inapplicable. For example,
unemployment benefits are not always granted when a contract is terminated by decision of
the employer during the initial trial period. Generally, the Social Security Act requires to take
into account the reason why the previous employment contract was terminated. However,
that additional requirement is not applicable for the contracts ended during the trial period
after the beginning of the state of alarm30. Other requirements regarding contributory and
non-contributory unemployment benefits were exempted or made more flexible too, as
those referred to the renewal of the inscription as job-seeker and to the extension of the
duration of subsidies, which was somewhat made automatic31.
    Furthermore, Additional Provision 20 of Royal Decree-Law 11/2020, complemented by
Article 23 of Royal Decree-Law 15/202032, allowed the workers affected by temporary
suspensions of employment contracts to take cash from their private pension funds during
six months after the beginning of the state of alarm. The cash taken could not exceed the
amount of the wages lost during the temporary suspension of the employment relationship33.
    Fixed-term employment contracts raised a specific problem. Unemployment benefits are
available for fixed-term employees, but they require a prior period of contribution. So,
workers with very short duration fixed-term employment contracts could face problems in
that regard. A lot of fixed-term contracts ended during the state of alarm and the subsequent
paralysation of activities, and many of these workers did not have the minimum period of
contribution required for unemployment benefits, nor opportunities to get another contract
during the confinement. Considering such situation, Article 33 of Royal Decree-Law
11/2020 created an extraordinary unemployment benefit for these workers. Nevertheless,

27 Article 25 of Royal Decree- Law 8/2020, March 17(https://www.boe.es/buscar/act.php?id=BOE-A-2020-
3824).
28 Article 25 of Royal Decree- Law 8/2020, March 17(https://www.boe.es/buscar/act.php?id=BOE-A-2020-

3824).
29 Article 2 of Royal Decree- Law 17/2020, May 5 (https://www.boe.es/buscar/act.php?id=BOE-A-2020-

4832).
30 Article 22 of the Royal Decree 15/2020, April 21 (https://www.boe.es/diario_boe/txt.php?id=BOE-A-

2020-4554).
31 Articles 25 to 27 of Royal Decree- Law 8/2020, March 17(https://www.boe.es/buscar/act.php?id=BOE-

A-2020-3824).
32 https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4554.
33 Royal Decree- Law 11/2020, March 31 (https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4208).



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Joaquín García Murcia                                                       Italian Labour Law e-Journal
Iván Rodríguez Cardo                                                               Issue 1, Vol. 13 (2020)
Diego Álvarez Alonso                                                               Section: Miscellaneous



this provision required that the fixed-term contract terminated during the state of alarm had
a minimum duration of at least for two months. The duration of this benefit is one month
and its amount is 430.27 euros34.
   There have been measures for domestic workers too. These employees are included in
the Social Security system, but they are not entitled to unemployment benefits. However,
regarding this exceptional situation, Article 30 of Royal Decree-Law 11/2020 has created
extraordinary unemployment benefits for this category of workers. Those who had to
temporarily stop domestic work or were dismissed as a result of the situation caused by
COVID-19 could apply for this benefit. The amount of the benefit was equal to 70% of the
previous salary, with the limit of the national minimum wage (31.66 euros per day or 950
euros per month).
   However, the scope of these unemployment benefits, both ordinary and extraordinary
ones, was not universal, so some people were excluded. Some regions tried to fill this gap
and created economic benefits for workers with low incomes affected by temporary
suspensions of employment contracts35 and for people in need36.
   There were other measures beyond unemployment benefits, particularly concerning
temporary disability leaves due to COVID-19. Spanish Social Security gives better protection
to temporary disability caused by work than to the so-called ‘common illnesses’ (not caused
by work). COVID-19 should be a common illness, but both the illness itself and the
preventive confinement in case of suspicion were qualified as a professional or work-related
circumstance to the purpose of temporary disability benefits, even in situations of
confinement that do not allow commuting to work37. That meant that the worker did not
need a previous time of contribution and that the amount of the benefit was equal to 75%
of the last month wage (and not 60% during the first 20 days, as in case of common illness)38.
COVID-19 will be also considered as accident at work for health staff even if it appears
during the month after the end of the state of alarm39.


6. A new Social Security benefit: ‘minimum living income’.

    Moreover, the enhancement of Social Security protection in the COVID-19 context has
gone one step further ahead with the creation of a new Social Security benefit for people in
situations of need, called ‘minimum living income’. Even if this was already planned by the

34 Royal Decree-Law 11/2020, March 31(https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4208).
35 I.e., Comunitat Valenciana (Decree-Law 3/2020, April 19,
http://www.dogv.gva.es/datos/2020/04/11/pdf/2020_2895.pdf) and Castilla y León (Decree-Law 2/2020,
April 16:
http://bocyl.jcyl.es/boletines/2020/04/18/pdf/BOCYL-D-18042020-
1.pdf?fbclid=IwAR1EeWv7jsK4JVKdBr7HwNv5qQ5DGBvtiBX6FouQRzc-j2GJR1-Ut4cMVpY).
36 Decree-Law 14/2020, April 28:

(https://dogc.gencat.cat/es/pdogc_canals_interns/pdogc_resultats_fitxa/?action=fitxa&documentId=87265
5).
37 Additional Provision 21 of Royal Decree-Law 11/2020 (https://www.boe.es/diario_boe/txt.php?id=BOE-

A-2020-4208).
38 Royal Decree-Law 6/2020, March 10 (https://www.boe.es/buscar/act.php?id=BOE-A-2020-3434).
39 Article 9 of Royal Decree-Law 19/2020, May 26 (https://www.boe.es/diario_boe/txt.php?id=BOE-A-

2020-5315).

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Joaquín García Murcia                                                       Italian Labour Law e-Journal
Iván Rodríguez Cardo                                                               Issue 1, Vol. 13 (2020)
Diego Álvarez Alonso                                                               Section: Miscellaneous



Government before the COVID-19 pandemic, this exceptional situation has accelerated the
implementation of this initiative. However, differently from other measures approved in the
current extraordinary circumstances, this is not a temporary and merely conjunctural social
protection instrument, but one already added to the Social Security list of benefits that will
remain for the future. This was enacted by Royal Decree-Law 20/2020, May 29, on Minimum
Living Income, approved with the objective of creating and regulating that minimum living
income as a benefit aimed at preventing the risk of poverty and social exclusion of people,
when they are in a vulnerable situation due to the lack of sufficient economic resources for
covering basic needs40.
   The minimum income is considered as a new non-contributory Social Security benefit
and configured as the subjective right to an economic payment for ensuring a minimum level
of income to those who are in a situation of economic vulnerability. In addition, it provides
access to other measures aiming an improvement of real opportunities for social and labour
market inclusion of the beneficiaries. These beneficiaries are individuals living alone,
generally requiring an age between 23 and 65 (with exceptions as for gender violence, sexual
exploitation and human trafficking victims), or people integrated in ‘coexistence units’, as
legally defined (a family or other cases of persons living together). There are several
requirements for accessing these benefits: a) legal residence in Spain, and effectively and
uninterruptedly living in the country for at least one year (nevertheless with some
exceptions); b) lack of sufficient income or wealth; c) having previously requested other
benefits to which the beneficiaries might be entitled (as minimum income is subsidiary to
other benefits), and d) being registered as jobseeker (with some exceptions). Other requisites
are established for specific situations. For individuals living alone and for coexistence units
formed by persons not linked by couple or close family relationships, a period of 3 years of
independent living or co-habitation is required41.
   Regarding the requisite of insufficient economic resources, all the current own income of
the requesting person or coexistence unit is taken into account (with a few exceptions), in a
yearly computation. For being entitled to the benefits, the monthly average amount should
be under the threshold legally established: at least 10 euros less than the amount of benefit
that would correspond depending on the specific circumstances (individual living alone or
coexistence unit, and number and characteristics of such unit). There are special rules for the
flexibilization of these income limits, with the aim of favouring compatibility of minimum
income with employment or self-employment of the beneficiaries, and thus avoiding
disincentive to participation in the labour market42.
   Minimum living income is applied in the form of a monthly payment. This payment is a
supplement to the beneficiaries’ own income gained by themselves. Minimum income covers
the difference between the beneficiaries’ own income and the sum established as, at the same
time, minimum living threshold and total amount (as a maximum) of the minimum income
benefit. This amount of the minimum income and threshold for access to the benefits is

40 https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-5493.
41 Articles 1 to 8 of Royal Decree-Law 20/2020, May 29 (https://www.boe.es/diario_boe/txt.php?id=BOE-
A-2020-5493).
42 Article 8 of Royal Decree-Law 20/2020, May 29 (https://www.boe.es/diario_boe/txt.php?id=BOE-A-

2020-5493).

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Joaquín García Murcia                                                           Italian Labour Law e-Journal
Iván Rodríguez Cardo                                                                   Issue 1, Vol. 13 (2020)
Diego Álvarez Alonso                                                                   Section: Miscellaneous



calculated taking as starting point that of the non-contributory old-age and invalidity
pensions. Following these rules, the amount initially established for year 2020 is 461,50
monthly euros for an adult living alone (5.538 euros in yearly computation). In the case of
people integrated in a coexistence unit, the amount is increased depending on the number of
persons within the unit and on their particular circumstances, up to 1.015 monthly euros in
a unit of five members. Single-parent units receive a specific additional payment. The
amounts will be periodically updated43.
    In addition to the economic payment, the public administrations and collaborating private
entities are exhorted to provide the beneficiaries with other labour market and social
inclusion actions and programs. The beneficiaries are expected and obliged (with some
exceptions) to participate in such activities for promoting their employment and social
participation44. There can be other additional advantages for some beneficiaries (i.e. free
access to some public services, as university studies)45.
    The minimum income does not have a limited duration. It is paid while the situation of
vulnerability persists, and the requirements are properly met by the beneficiaries. The amount
paid can be modified if there is a change of the circumstances, and the payment can be
suspended and extinguished too, in case of lack of the requirements for being beneficiary, or
even as a penalty for some situations of fraud or non-compliance regarding the legal rules
and obligations46.
    Royal Decree-Law 20/2020 includes a set of technical rules on the procedures and bodies
concerning the request and management of the minimum income benefits. The financial
legal regime and control is regulated in detail too47. Finally, it contains a catalogue of legal
infractions and corresponding penalties48. All this legal framework entered into force on June
1. It is expected to reach around 850.000 coexistence units and 2,3 million of people49.
    Some regions (as Asturias, Basque Country or Navarra) already had similar minimum
income benefits applicable within their territory, according to their autonomous legislation.
Other regions previously had other less ambitious payments or emergency aid measures for
people without sufficient resources. These are not necessarily incompatible with the new
national minimum living income. It depends on the corresponding regional legislation, but
generally both means for social protection could act as a complement to each other.
Nevertheless, coordination rules and mechanisms will surely be needed.



43  Articles 9 to 11, Final Provision 7th and Annexes, of Royal Decree-Law 20/2020, May 29
(https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-5493).
44 Articles 28 to 31, 33, Additional Provision 1 st of Royal Decree-Law 20/2020, May 29

(https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-5493).
45 Transitional Provision 5th of Royal Decree-Law 20/2020, May 29:

(https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-5493).
46 Articles 12 to 17 of Royal Decree-Law 20/2020, May 29 (https://www.boe.es/diario_boe/txt.php?id=BOE-

A-2020-5493).
47 Articles 21 to 32, 37 and Additional, Transitional and Final Provisions of Royal Decree-Law 20/2020, May

29 (https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-5493).
48 Articles 34 to 36 of Royal Decree-Law 20/2020, May 29 (https://www.boe.es/diario_boe/txt.php?id=BOE-

A-2020-5493).
49 Preamble of Royal Decree-Law 20/2020, May 29 (https://www.boe.es/diario_boe/txt.php?id=BOE-A-

2020-5493).

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Joaquín García Murcia                                                              Italian Labour Law e-Journal
Iván Rodríguez Cardo                                                                      Issue 1, Vol. 13 (2020)
Diego Álvarez Alonso                                                                      Section: Miscellaneous



7. Measures for specific activities and workers.

    COVID-19 created a health crisis that challenged the Spanish public health system and
tested its actual strength. Public authorities realised that the human resources available could
be not enough to deal with the situation, so some emergency rules were passed. The number
of sick people forced to increase the hiring of healthcare personnel and the usual
requirements for the recruitment procedures were relaxed for this purpose. Orden
SND/232/2020, March 15, and Orden SND/319/2020, April 1, took several measures.
Specifically, the hire of some personnel who had not yet obtained the relevant title was
allowed, the recruitment of health personnel from countries that are not members of the
European Union was made easier50, and the employment contracts of resident physicians
were extended, and their evaluations were postponed51, in order to be able to deal with the
COVID-19 effects52. In addition, retired doctors and nurses were allowed to return to work.
Of course, that work effectively done was paid but that salary was made compatible with the
retirement pension, which was not reduced, as an incentive measure to convince as many
people as possible to join this additional healthcare workforce53.
    An Order of March 26 provided particular rules for workers in social-service centres,
because it allowed the imposition of extraordinary measures (different functions, change of
workplace, etc.) to meet the needs of people who are in those centres (elderly people, victims
of gender violence, persons with disability, etc.). This kind of extraordinary work could not
be imposed to pregnant workers. The rules on breaks, working time and leaves (including
annual leave) could be modified and teleworkers could be required to perform on-site work.
In addition, and due to the lack of qualified personnel, these regulations exceptionally
allowed the hiring of students in the final year of the degrees providing the corresponding
qualifications for the relevant professions needed54.
    Working time of judiciary staff has also been adapted to improve the functioning of the
courts, because the lockdown has caused many delays in pending litigation and many more
conflicts are expected in the near future, for example regarding lawsuits on temporary
suspension of employment contracts. Royal Decree-Law 16/2020, April 28, included several
measures that have been approved to speed up the return to normality through different
stages55. Some of these measures have tried to reinforce the volume of available staff (i.e.,
people doing internships are allowed to work). However, the most important one is the
change in working hours, to allow holding trials not only in the morning, but also in the



50 Along with the general measures for the whole State, some regions have passed specific provisions with that
purpose (i.e., Extremadura, Decree-Law 5/2020, April 3, https://www.boe.es/diario_boe/txt.php?id=BOE-
A-2020-4560).
51 Orden SND/346/2020, April 15 (https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4471).
52-Orden    SND/319/2020, April 1 (https://www.boe.es/boe/dias/2020/04/03/pdfs/BOE-A-2020-
4265.pdf).
53 Additional Provision 15 of Royal Decree-Law 11/2020, https://www.boe.es/diario_boe/txt.php?id=BOE-

A-2020-4208.
54-Orden     SND/295/2020, March 26 (https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-
4156&fbclid=IwAR0r1-e-7PL_YrVGAuZb3Ez1NJVlu-LHg50LBQME-URnoi6qL1tsCpkGjMI).
55-According     to    Orden     JUS/430/2020,      May     22,    Stage    2    started    on     May      24
(https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-5241).

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Joaquín García Murcia                                                     Italian Labour Law e-Journal
Iván Rodríguez Cardo                                                             Issue 1, Vol. 13 (2020)
Diego Álvarez Alonso                                                             Section: Miscellaneous



afternoon/evening. These measures extend to the whole country and will last for three
months after the end of the state of alarm56.
    Carriage of goods by road also had new rules regarding working time. In particular, the
Government decided to temporarily exempt the application of the following limitations of
Regulation (EC) No 561/200657 until April 12: 1) Article 6.1: The maximum daily driving
time could be extended, but the requirements established for breaks and for daily and weekly
rests should be respected. 2) Article 8.6: The 45-hour weekly rest could be replaced by a
continuous rest of at least 24 hours, without the need for compensation. 3) Article 8.8:
Possibility of enjoying the weekly rest in the vehicle itself (it should be parked and adequately
equipped for rest).
    Once those exemptions ended, the Government decided to replace them for these other
exemptions from April 13 to May 31: 1) Article 6.1: The maximum daily driving time was
raised from 9 to 11 hours. 2) Article 8.1: Daily rest period was reduced from 11 to 9 hours
(also for passenger transport services in the agricultural sector). 3) Article 8.6: Possibility of
taking two consecutive reduced weekly rest periods of at least 24 hours, provided that: a) the
driver should take at least 4 weekly rest periods in those 4 consecutive weeks, and at least
two needed to be normal weekly rest periods of at least 45 hours. b) Compensation for
reduced weekly breaks should not be necessary. 4) Article 8.8: Possibility of enjoying the
weekly rest in the vehicle itself (it should be parked and adequately equipped for rest)58.
    Regarding the agricultural sector, the impact of the pandemic caused by COVID-19 has
been huge, because the available labour force was severely reduced due to movement
restrictions. Consequently, the harvesting of many fruits and vegetables was in danger, with
a great potential impact on food supply. To deal with this danger, the Government approved
measures to facilitate the recruitment of fixed-term workers in the agriculture sector59.
Thanks to these flexibility measures (extraordinary, according to the relevant provision),
wages obtained for a fixed-term work in agriculture during this period were compatible with
unemployment benefits and other social aid payments. This was a measure targeting
unemployed people, workers affected by temporary suspension of employment contracts
due to COVID-19 and foreigners with a work permit expiring before June 30. Royal Decree-
Law 19/2020, May 2660, extended these measures until September 30, 2020. Besides, young
foreigners between the ages of 18 and 21 who have worked in the agricultural sector in
accordance with these provisions will receive a two-year residence permit, renewable for
another two years.
    There are also several measures for self-employed workers. For example, the payment of
Social Security contributions is deferred for six months and the requirements for
unemployment benefits were relaxed61. Accordingly, self-employed workers have been

56 Royal Decree-Law 16/2020, April 28 (https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4705).
57 Resolución de 26 de marzo de 2020, de la Dirección General de Transporte Terrestre
(https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4129).
58 Resolución de 14 de abril de 2020, de la Dirección General de Transporte Terrestre

(https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4461).
59 Royal Decree-Law 13/2020, April 7 (https://www.boe.es/buscar/act.php?id=BOE-A-2020-4332).
60 https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-5315.
61 Article 17 of Royal Decree-Law 8/2020 (https://www.boe.es/buscar/act.php?id=BOE-A-2020-3824) and

Article 34 of Royal Decree-Law 11/2020, https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4208.

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Joaquín García Murcia                                                           Italian Labour Law e-Journal
Iván Rodríguez Cardo                                                                   Issue 1, Vol. 13 (2020)
Diego Álvarez Alonso                                                                   Section: Miscellaneous



entitled to unemployment benefits in despite of lacking the previous period of contribution
generally required. Additionally, some regions have provided financial support to help self-
employed workers whose businesses were affected by the effects of COVID-1962.
    The lockdown had a significant impact on foreigners too, due to the suspension of
administrative procedures. Work permits could not be renewed even if they came to an end
and that limitation put these workers in a situation of uncertainty. Finally, the Government
decided to extend work permits for foreigners that expired during the state of alarm. This
extension will last for six months after the end of this exceptional context63. The alien identity
cards of the EU citizens and the residence cards of a family member of a Union citizen enjoy
the same extension. This is consistent with the freedom of movement and with the guidelines
provided for the Commission during this COVID-19 situation64.
    Finally, it should be pointed out that vocational training was also affected, due to the
suspension of all educational activities carried out on-site. However, vocational training was
allowed through distance learning (telelearning, e-learning), but not by any kind of means.
The relevant provisions referred to ‘virtual classroom’, so technology should allow
interaction in real time to validate vocational training65. However, vocational training on-site
has been allowed for railway staff66.


8. The return to a ‘new normality’: the ‘de-escalation’ process.

   On May 4, Spain started the so-called ‘de-escalation’ of the extraordinary situation caused
by COVID-19. The Government announced a plan for gradually reducing the movement
and activity restrictions and progressively recovering normal life. This plan envisaged four
stages in this ‘de-escalation’ process that would lead to a ‘new normality’, this somehow
meaning to resume the before paralysed activities, but nevertheless with an innovative
framework of limitations, restrictions and cautions. These stages of the ‘de-escalation’ were
not established symmetrically and simultaneously for the whole Spanish territory. The virus
has had a very different impact in each region, and the transition to the subsequent stage is
accordingly organised depending on the current situation of regions, provinces, or other
delimitations of specific areas. The health system capabilities will be decisive for each
territory to move from one stage to another, because it needs to evidence that it is ready and
capable to deal with a potential new outbreak of the virus.
   The first of these stages started on May 4 and has had a minimum duration of a week. It
was called ‘stage 0’ due to its preparatory purpose. The lockdown was relaxed, and people
were allowed to walk to do sports at specific time slots. Small shops were allowed to open

62 I.e., Andalucía(Decree-Law 9/2020, April 15, https://www.juntadeandalucia.es/boja/2020/516/1), Castilla-
León (Decree-Law 2/2020, April 16, http://bocyl.jcyl.es/boletines/2020/04/18/pdf/BOCYL-D-18042020-
1.pdf?fbclid=IwAR1EeWv7jsK4JVKdBr7HwNv5qQ5DGBvtiBX6FouQRzc-j2GJR1-Ut4cMVpY),
Extremadura (Decree-Law 8/2020, April 24, https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-5250)
and Navarra (Decree-Law 3/2020, April 15, https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4794).
63 Orden SND/421/2020, May 18, https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-5141.
64 Available here: https://eur-lex.europa.eu/legal-content/ES/LSU/?uri=CELEX:52020XC0316(03).
65 Resolución de 15 de abril de 2020, del Servicio Público de Empleo Estatal

(https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4506).
66 Orden TMA/379/2020, April 30 (https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4760).



https://doi.org/10.6092/issn.1561-8048/11106                                                              157
Joaquín García Murcia                                                      Italian Labour Law e-Journal
Iván Rodríguez Cardo                                                              Issue 1, Vol. 13 (2020)
Diego Álvarez Alonso                                                              Section: Miscellaneous



but with enhanced health and safety measures. Some businesses, such as hair salons, could
resume too, but the client was required to request a prior appointment67. Therefore, the de-
escalation has led to the return of many workers to their jobs, but the conditions of this
resuming are different from the previous ones, because it is necessary to respect new security
measures, such as ‘social distance’ or improved cleaning habits68. In fact, security measures
will be more severe in the future to protect workers and users from the virus. For example,
passenger transport undertakings must provide masks and hydro-alcoholic products to their
employees, since workers are forced to wash their hands frequently69. There are specific
measures for other sectors, as the justice system (court staff)70. However, it is worth noting
that telework is still the preferred legal option to do the job during stages 0 and 1 of de-
escalation71.
    After the preparatory stage, the regions meeting the requirements could move to ‘Stage
1’, called ‘initial stage’, which started in May 11 (as the earliest possible date). However, this
stage 1 started on May 4 in some little Balearic and Canary Islands (Formentera, La Gomera,
El Hierro y La Graciosa), as a kind of pilot project due to the small impact of COVID-19
there72. This stage should last two weeks at least. Restaurants and bars were allowed to open
their terraces, but respecting especial capacity limitations (no more than 50%) and new health
and security protocols.
    Malls, cinemas and theatres were allowed to open in ‘Stage 2’ (intermediate stage), as well
as the inside areas of restaurants and bars (not only terraces, as in Stage 1), but all of them
must respect capacity limitations. During ‘Stage 3’ (advanced stage) capacity limitations will
be less rigid and all business will be allowed to be opened (i.e, discotheques, gyms).
    Stage 2 started on May 18 in some Balearic and Canary Islands (Formentera, La Gomera,
El Hierro and La Graciosa73) and on May 25 in most regions. However, Madrid and
Barcelona, more affected by COVID-19, remained on Stage 0 until May 25 and then started
Stage 1. The restrictions of movement and activities have been significantly reduced in
municipalities with less than 10.000 inhabitants74.




67 Orden SND/388/2020, May 3 (https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4793).
68 Articles 4 - 6 of Orden SND/399/2020, May 9 (https://www.boe.es/eli/es/o/2020/05/09/snd399/con).
69 Orden TMA/384/2020, May 3 (https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4789).
70 Orden JUS/394/2020, May 8 (https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4897).
71 Article 3 of Orden SND/399/2020, May 9 (https://www.boe.es/eli/es/o/2020/05/09/snd399/con).
72 Orden SND/386/2020, May 3 (https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-4791).
73 Orden SND/414/2020, May 16 (https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-5088).
74 Orden SND/427/2020, May 21 (https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-5218).



https://doi.org/10.6092/issn.1561-8048/11106                                                         158
Joaquín García Murcia                                                            Italian Labour Law e-Journal
Iván Rodríguez Cardo                                                                    Issue 1, Vol. 13 (2020)
Diego Álvarez Alonso                                                                    Section: Miscellaneous



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https://doi.org/10.6092/issn.1561-8048/11106                                                               159
Joaquín García Murcia                                                        Italian Labour Law e-Journal
Iván Rodríguez Cardo                                                                Issue 1, Vol. 13 (2020)
Diego Álvarez Alonso                                                                Section: Miscellaneous



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Copyright © 2020 Joaquín García Murcia, Iván Rodríguez Cardo, Diego Álvarez Alonso.
This article is released under a Creative Commons Attribution 4.0 International License




https://doi.org/10.6092/issn.1561-8048/11106                                                           160
