Royal Decree-Law 10/2020, regulating recoverable paid leave

This Royal Decree-Law regulates mandatory recoverable paid leave, being the same limited in time between 30 March and 9 April (both included), for all employees providing services for public or private sector companies or entities carrying out “non-essential” activities as per the list included inits annex.

Workers whose employment agreement is currently suspended for the duration of the indicated period and those who can continue providing homebased services are excluded from the application of this Royal Decree.

To whom do these measures apply?

To all employees who provide services in public or private sector companies or entities and whose activity has not been suspended as a result of the State of Alarm declaration issued in Royal Decree 463/2020 of 14 March.

Who is excluded?

1. Workers who provide services in those sectors qualified as “essential” in the annex to this Royal Decree-Law.

2. Workers who provide services in the divisions or production lines whose activity is directly linked to the sectors described as essential in the annex to this Royal Decree-Law.

3. Workers hired by (i) companies that have applied for or are applying for a temporary regulation of employment suspension and (ii) companies who have been authorized to apply for a temporary regulation of employment suspension for Force Majeure.

4. Workers who are on temporary sick leave or those whose contract is suspended for other legally stipulated reasons.

5. Workers who can continue to carry out their activity in a normal manner by means of teleworking.

What does this measure consist of?

A recoverable paid leave is granted, on a compulsory basis, between 20 March and 9 April 2020 inclusive.

The recovery of such working time can be made effective from the day after the end of the State of Alarm until 31 December 2020, and it must be negotiated during a consultation period lasting a maximum of 7 days.

With respect to the minimum essential activity

Companies required to apply for recoverable paid leave under this provision may, if necessary, establish the minimum number of staff or shifts strictly necessary in order to maintain the minimum activity. This activity and this minimum number of staff or shifts shall be based on the activity carried out during an ordinary weekend or on public holidays.

Continuity of transport services

Employees of the transport industry who are carrying out a service not included in this Royal Decree law at the time of its entry into force, shall begin the recoverable paid leave once the service in progress has been completed, including as part of the service, if applicable, the corresponding return operation.

Essential services in the Judicial Administration

Judges, prosecutors, lawyers of the Judicial Administration and other personnel to the service of the same will continue to attend to those non-suspended procedural actions listed in Royal Decree 463/2020, of 14 March, declaring the State of Alarm for the management of the health crisis situation caused by COVID-19.

See our Coronavirus (COVID-19) feature for more information generally on the possible legal implications of COVID-19.