Government measures in key jurisdictions 3rd edition final - Flipbook - Page 117
Spain
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Insolvency
Has the
government
made any
changes to
insolvency
legislation?
Exemption from contributions in the case of ERTEs due to force majeure: There is a full exemption from
the employer’s share of social security contributions for companies with fewer than 50 workers and a
75% exemption for companies with 50 or more workers.
Obligation to maintain employment: The extraordinary employment-related measures are subject to the
company’s obligation to maintain employment for a period of 6 months following the date of
resumption of the company’s activity.
Rights to adapt and reduce working hours: This measure is addressed to workers who evidence duties of
care with respect to their spouse or equivalent and relatives up to the 2nd degree of consanguinity
because of COVID-19.
Preferential nature of teleworking: The Spanish Ministry of Labour is submitting for public consultation
prior to the preparation of a draft regulation consisting on the modification and elaboration of the
conditions for teleworking.
Sick leave: Sick leave due to COVID-19 infections or preventive isolation is treated as an occupational
accident for the purposes of benefits.
Recoverable paid leave: There was a time window between March 30 and April 9, 2020, both inclusive, in
which workers involved in non-essential activities were not able to go to work as result of the Covid-19
crisis and subsequent State of Emergency. During that period, those affected workers benefited from a
mandatory recoverable paid leave (permiso retribuido recuperable). The recovery of the missing
working hours by the employees shall be carried out until December 31, 2020 under the conditions to be
collectively agreed with their employer.
Measures applicable after the end of the state of emergency: Royal Decree Law 21/2020 (“RD 21/2020”)
establishes the specific measures and obligations to be adopted at workplaces, related to ventilation and
cleaning, work shifts, workspaces or progressive return, among others, as well as the promotion of the
use of teleworking and with regard to workers who have symptoms compatible with COVID-19. See here
for more information.
For further information, please see: Royal Decree-Law 8/2020 of March 17, 2020 launches urgent and
extraordinary measures to confront the economic and social impact of Covid-19, Companies facing the
Covid-19 crisis, Key new legislation introduced, and Workers in non-essential services will be compelled
to take recoverable paid leave.
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The duty to request a voluntary insolvency order has been disabled until December 31, 2020. In this
respect, no petitions for necessary insolvency orders filed by creditors against the debtor will be
admitted for consideration. However, directors should not lower their guard, since this measure does
not mean that they cannot incur liability for causing or aggravating insolvency for the company. For
further information about this matter please visit here.
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The Official Spanish State Gazette (BOE) has published a new Spanish Revised Insolvency Law on May
7, 2020, introducing regulation that departs from the existing provisions on restructurings and
insolvencies and that will enter into force on
September 1, 2020. For further details please visit here.
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For more information please see here and here.
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