Congress votes the extension of the ERTEs and the new telework regulation

Congress votes the extension of the ERTEs and the new telework regulation

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The Plenary of Congress votes on Thursday four decree laws approved by the Government in September, among them those that contain the extension of the system of protection to the employment of temporary employment regulation files (ERTE) and the new regulation of telework.

These decrees are in force since their approval in the Official State Gazette (BOE) but, according to Constitution, Congress must rule to validate them or, where appropriate, repeal them. Groups also have the opportunity to process them as bills in order to propose changes through amendments.

Specifically, The Government will defend before Congress three decrees approved in the Minister council last September 29 and another approved seven days before, on September 22, which contains the regulation of teleworking.

Regarding the other three, one contains the extension of the ERTE agreed by the Ministry of Labor with unions and employers, as well as the extension of extraordinary measures of social protection – known as ‘social shield’ -, the regulation of telework in the Public Administration and measures to facilitate contracting in Health and Education.

Teleworking is considered regular from 30% of the day

Also approved with the endorsement of the CCOO and UGT unions and the CEOE and Cepyme employers, telework regulation considers this option as regular if it reaches at least 30% of the day, being paid for or compensated by the company and without assuming expenses on the part of the worker with the equipment, tools and means linked to the development of their work activity.

In general terms, remote work will be voluntary and reversible and it will require the signing of a written agreement, which may be part of the initial contract or be carried out at a later time, without this modality being imposed.

ERTE, aid for the self-employed and part of the ‘social shield’

Another of the decree laws that Congress will examine contains the extension until January 31 of the ERTE system and part of the social protection measures, known as the ‘social shield’, such as the veto on evictions, ‘abusive’ rents and the measures relating to large holders. However, the extension does not include either the mortgage moratorium or the prohibition to cut off the supply of water, electricity and gas.

In the extension of the ERTE, its extension extended the ERTE of force majeure to certain sectors and included two new figures, limitation and impediment, available to all companies affected by sanitary restrictions due to the pandemic.

Likewise, the agreement extends the extraordinary benefit for cessation of activity for self-employed, with new aid for low income for those who do not meet the access requirements, as well as the “prohibition” of dismissal for objective reasons, and the suspension of temporary contracts, including training, relief and temporary contracts.

Teleworking in the administration

The Government will also defend in plenary session the decree law with the basic regulation of teleworking for public employees of all administrations, around 2.5 million workers, although each autonomous community will proceed with the regulatory development it deems appropriate within a period of six months.

This rule, agreed with the CSIF, CCOO and UGT administration unions, incorporates teleworking as an organizational modality in the Basic Statute, collects that it will not be able to suppose any breach of the day and the schedule and of the regulations on the protection of personal data, and establishes as a prerequisite the assessment of the susceptibility of being able to perform the tasks assigned to the position and training digital skills.

Facilitate recruitment in health and education

This same decree law also includes one of the measures approved in that Council of Ministers to reinforce hiring in the Health and Education due to the emergency due to the covid pandemic.

In this case, the autonomous communities and the National Institute of Health Management (INGESA) were allowed to contract exceptionally medical and non-medical personnel to face the health crisis caused by covid-19 that, even having the corresponding degree, degree or diploma, lacks the title of specialist recognized in Spain to perform functions of a specialty.

With this measure, the Government estimates that some 10,000 medical doctors could be hired by the autonomous communities, 4,557 of them in the field of Medicine who took the selective tests of the 2019/2020 call and who do not have a place.

Regarding the educational field, the Government approved in that Council of Ministers another decree law to allow, exceptionally and temporarily, the hiring of teachers who meet all the requirements but who have not yet completed the specific master’s degree, in order to reinforce the educational staff during the 2020-2021 academic year.

This measure allowse educational administrations may appoint interim officials for additional teaching positions derived from the measures adopted due to covid-19 for bodies of secondary school teachers, vocational training technicians, music, performing arts, plastic arts and design teachers and official language schools for graduates who do not have a master’s degree that accredits didactic training.


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