COVID-19 Updates - Spain

Information is continuing to emerge on COVID-19 and the resulting legislative changes being instituted in Spain. We have compiled a list of important updates for Spanish employers to be aware of. Our teams are closely monitoring the situation and will continue to provide the latest updates to keep you informed.

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Last Updated – March 29, 2020

 

Spanish government officials have mandated that all non-essential workers remain home from March 30 to April 9.

 

Paid Leave

Employees will be placed on paid leave during this period of madated time-off. Employees will receive their usual salaries during this period, but will need to make up the lost hours at a later date.

  

Dismissal

Employers are temporarily prohibited from dismissing employees without having the dismissal validated by a judge, or the dismissal being on account of disciplinary issues.

 

Unpaid Leave

Employers have the option of requesting that employees take up to 15 days of unpaid leave.

 

Worker Suspension

Employers have the option, on account of the circumstance caused by COVID-19, to temporarily suspend the work of their employees. Employees who have their work hours suspended will be entitled to receive unemployment payments from the government. The employer remains responsible for making payments to social security. Application for employee work suspension is a lengthy process, taking approximately three weeks to complete.

 

Redundancy

Employers do not have additional means for making employees redundant on account of the impact of COVID-19. The circumstances have no impact on the termination process.

Employers that terminate employees are required to provide the employee with 20 days’ payment for each year of continuous employment (pro-rated). The employee has the right to decline this and appeal the severance payment. Employer can be obligated to pay as much as 33 days wages for each year worked (pro-rated).