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The session was opened by Daniel Cifuentes, who analysed the main issues that the labour law sector will be focused on over the coming months. Among other issues, Cifuentes highlighted the extension, until 31 January 2021, of the MECUIDA plan (a plan allowing employees to adapt or reduce their working hours due to the situation caused by the COVID-19 pandemic), the future regulation on equality plans and the potential approval of the labour counter-reform towards the end of 2020.
Next, Laura Pérez and Isabel Moya analysed the main developments related to temporary workplace restructuring plans (“ERTEs”) introduced by Royal Decree-law 30/2020. Moya explained how the extension of ERTEs due to force majeure until 31 January 2021 is structured and how exemptions from social security contributions are linked to whether or not the company’s activity falls under certain headings of the National Classification of Economic Activities (CNAE), or depends on the value chain of companies listed under such headings.
Laura Pérez explained the differences between the two new types of ERTEs established in this regulation: the ERTE due to bans on activity and the ERTE due to restrictions on activity. While ERTEs due to bans can be requested when the restrictions or health containment measures make it absolutely impossible to carry out any activity, ERTEs due to restrictions can be established when a company’s activity is restricted as a result of decisions taken or measures adopted by the Spanish authorities. The duration of both types will be limited to the length of time that the measures are in place.
As is customary at the ‘Pérez-Llorca Labour Law Update’ sessions, Daniel Cifuentes summarised the most significant rulings handed down by the Supreme Court and the National High Court over the last quarter relating to various subjects such as the work-life balance, fundamental rights, dismissals, substantial modifications of working conditions, trade union delegates and working hours. In particular, he analysed the future impact that the Supreme Court’s ruling of 25 September 2020, declaring that the provision of services by couriers for online delivery platforms constitutes an employment relationship, may have on the labour market.
To conclude the seminar, the Pérez-Llorca Employment partners analysed the key aspects of the future regulation on teleworking in a question and answer round. Among other issues, the discussion concerned the differences between remote working and teleworking, its voluntary nature, compensation for expenses, the formalities associated with this new remote working and the applicable regime for remote working due to the COVID-19 pandemic.