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The regulation of telework will come out of an agreement in the social dialogue , that is to say, with agreement between employers and trade unions. This has been assured today by the minister spokesman, Maria Jesus Montero, on being asked in the press conference after the council of ministers by some drafts about this new regulation and that it had aroused resentment among entrepreneurs, just after an agreement had been reached ara to extend the ERTE. is “There are drafts that are just that, drafts” , has said. “It will be in the framework of the social dialogue, where you must control a new reality that has come to stay”. “We have to be able to that this new reality is compatible with the rights of the companies and of the people”, he noted. “Only when we have an agreement will be processed but they are now just tools”.
The president of the CEOE, Antonio Garamendi , had criticized this morning that the Government want to legislate “rapidly” this matter and has asked for “moderation” because if a company put conditions impossible to meet, you can hire outside Spain, in Portugal or in Brazil. “If I have to hire and I put impossible conditions and not be able to manage my template, is that I tomorrow can I hire in Portugal…The world is global and the scanning is global. is Care how you pose this , ” he warned Garamendi in an interview on Onda Cero.
According to the draft law on remote work developed by the Ministry of Labour, collected by Ep, the employees who teletrabajen shall have the right to the “flexible hours” and will be able to “alter” the schedule while respecting the regulations on work and rest time, except in the case of the times of availability required or the limits that had been agreed. In addition, the regulatory text fixed costs that entails for the worker, the development of distance working shall be borne in its “entirety” by the company.
in Addition, the council of ministers extraordinary held today has given the green light in addition to the extension of three months for the FATE linked to the Covid and to providing extraordinary of the self-employed who have been affected by the pandemic. The minister spokesman, Maria Jesus Montero , has explained today the measure and, as yesterday, his counterpart from Work, Yolanda Díaz, has highlighted the importance of that has come up again with the agreement of the social dialogue. “The solutions that this country needs must have the broadest consensus possible. It is obvious that the Spanish need more policy useful and less noise and tension,” he said.
The new scheme of ERTEs maintains the effect of the force majeure, but makes it very clear the path of transition towards schemes for objective reasons. Thus, the FATE of force majeure reducing the exemptions of the suspended workers but bonifican more of workers ‘ contributions activated. is “The benefit is greater if workers are re-entering. It is what it is” , has explained Monteroque has been argued that “these measures will encourage the recovery of the activity”.
in Addition, Montero has had the effect that this “architecture” of the ERTE is allowing companies to have an instrument that gives alternatives that do not lead “directly to an exit from the labour market”. And has been pointed out that this instrument will no longer only be understood as exclusive of the large companies, but has “capilarizado” and is ayundando also small. “It is a line of very interesting work,” said Montero.
The FATE in case of outbreak-on that Montero has been said that “ojaál not have to use”- will have exemptions for the 80% for companies with fewer than 50 workers and 60% for those that exceed this template. Equally, those companies that have not recovered the activity may continue to received also to the mode of force majeure, but the remissions ranging between 70%, 60% and 35% in July, August and September for the firms with less than 50 employees. For larger companies that continue to enjoying this mode, exceptions will be 50%, 40% and 25% throughout the summer months.
These conditions are less generous than those that were currently in force, which included a rebate of 100% for companies with less than 50 employees and 75% for those over 50, but it improves the latest proposal of the Government, in which they were exiling fully ERTEs of force majeure totals.
The agreement also provides for the validity of dossiers of force majeure, partial, as well as those linked to economic, technical, organisational or production (the so-called ETOP) linked to Covid. In these cases, companies with fewer than 50 workers will have access to a exemptions 60% for employees that have been reactivated and 35% for those who follow in ERTE. While exceeding this number in your template will have a rebate of 40% for employees who have returned to work and 25% for those who remain suspended.
The conditions for the workers remain unchanged until 30 September. That is, unemployment benefits will continue to be granted without having to comply with the period of lack and involve the “counter to zero” , with the exception of workers ‘ fixed-discontinuous, for those who will last until the 31 of December. In addition, the companies in ERTE will not be able to hire not be the formation, training their workers to prevent them from doing the necessary tasks. Continue to exclude companies that are domiciled in tax havens, and are not allowed to distribute dividends. The agreement keeps one of the great horses of battle of the entrepreneurs, the constraints to the layoffs also continue to force.
In regard to self-employed persons, the Council of Ministers has also approved the extension until 30 September of the provision outstanding was enabled in mid-February. This includes the exemption of Social Security contributions for self-employed persons who would receive the benefit extraordinary, that included both financial support as a fee waiver. Thus, these workers will not have to pay the fee of July and will have an exemption of 50% in August and 25% in September.
on the other hand, the beneficiaries of the provision outstanding may request the provision of regular termination of activity, provided you can demonstrate a reduction of the invoice from 75% in the third quarter of this year compared with the same quarter of the previous year. In addition, it includes a provision for the self-employed of the season, which have activity from July to September, which approves that from the start of the alarm condition had the self-employed.