The crisis situation generated as a result of the COVID-19, in addition to society as a whole, has deeply affected certain productive sectors, especially the tertiary sector.
Measures for the agricultural sector
Along with the reduction in economic activity, and the consequent decrease in income in many families, A worrying event is also taking place for the agricultural sector: the decrease in temporary labor in Spanish fields. This decrease is due to two factors: on the one hand, the impossibility of traveling for seasonal workers due to health restrictions in their countries of origin when traveling; on the other hand, the precautions adopted by the workers themselves in the face of the advance of the pandemic.
Given this situation, and in order to guarantee the normal supply of the markets, agricultural sustainability, and improvements in the income of those who are unemployed or have ceased activity; The government has decreed a series of urgent temporary measures.
These measures, approved in Real Decree-law 13/2020, of 7 April and collected in the BOE of 8 April of 2020, They aim to promote the temporary hiring of workers in the agricultural sector through extraordinary measures to make employment more flexible.. These measures are necessary to ensure the maintenance of agricultural activity., and will be in force during the validity of the state of alarm declared by the Royal Decree 463/2020, of 14 March, being of temporary application until 30 June of 2020.
This measure will affect all temporary employment contracts as long as it is to carry out activities as an employee and dependency on agricultural holdings., regardless of the employee's usual occupation; provided that the signature and completion are included in the period indicated above.
Who can be the beneficiaries of these measures??
They will be able to benefit from temporary flexibility measures, the people who, upon the entry into force of the royal decree-law, are in any of the situations mentioned below:
- People who are unemployed or have ceased activity.
- Workers whose contracts have been temporarily suspended as a result of the temporary closure of the activity.
- Migrant workers whose work permit ends in the period between the entry into force of the Royal Decree 463/2020, of 14 March, and the 30 June of 2020, whose extension will be determined through instructions from the Secretary of State for Migration.
- Young third country nationals, who are in a regular situation among the 18 and the 21 years.
Besides, People who reside in places close to where the work has to be carried out may be beneficiaries of the flexibility measures approved by this royal decree-law.. Proximity will be understood as the fact that the worker's home or place of overnight stay while the campaign lasts is in the same municipal area or in municipal areas bordering the workplace..
Compatibility of employment benefits
As for the compatibility of remuneration received for work activity to perform within the framework of these extraordinary employment flexibility measures established in this royal decree-law They will be compatible in the following cases:
a) With the unemployment benefit regulated in the Royal Decree 5/1997, of 10 January, according to which the unemployment benefit is regulated in favor of temporary workers included in the Special Agrarian Regime of Social Security. Also with the agricultural income regulated in the Royal Decree 426/2003, of 11 April, which regulates agricultural income for temporary workers included in the Special Agrarian Regime of Social Security residing in the Autonomous Communities of Andalusia and Extremadura.
b) With those unemployment benefits that arise from suspension for economic reasons, techniques, organizational or production, in accordance with the provisions of the article 47 of the consolidated text of the Workers' Statute Law, approved by the Royal Legislative Decree 2/2015, of 23 October; excluding those that have their origin in the measures provided for in the articles 22, 23 y 25 the Royal Decree-law 8/2020, of 17 March, of urgent extraordinary measures to address the economic and social impact of COVID-19.
c) With any other unemployment benefit regulated in title III of the consolidated text of the General Social Security Law.
d) With benefits for cessation of activity motivated by the causes provided for in the article 331 of the consolidated text of the General Law of Social Security, approved by Royal Legislative Decree 8/2015, of 30 October, excluding those that have their origin to the extent provided for in the article 17 of the Royal Decree-Law 8/2020, of 17 March, of urgent extraordinary measures to address the economic and social impact of COVID-19.
e) With any other benefit of an economic nature or any other benefit or social aid, granted by any Administration that is incompatible with the work, what, without being, As a consequence of the receipt of income from work activity, the income limits indicated in the regulations corresponding to the type of benefit would be exceeded..
The remuneration received for the work activity carried out within the framework of these extraordinary employment flexibility measures established in this royal decree-law They will be incompatible in the following cases:
a) With the economic benefits of Social Security for temporary disability, risk during pregnancy and risk during breastfeeding.
b) With contributory permanent disability pensions, except for the cases of compatibility provided for in the consolidated text of the General Social Security Law, approved by Royal Legislative Decree 8/2015, of 30 October.
c) With the benefit granted for the birth and care of a minor from Social Security, yes ok, except for the obligatory period of the biological mother following childbirth, the obligatory period, or the remaining part of it, can be enjoyed from the day following the completion of the benefits provided for in this royal decree-law.
Los income obtained from this work activity They will not be taken into account for the purposes of the income limits established for contributory or non-contributory Social Security benefits., including minimum supplements for contributory pensions.
As for the employer's obligations, must ensure at all times the availability of appropriate means of prevention against COVID-19.
From Vázquez and Manchón, We will keep you informed of all the news that may occur in this regard., to be able to advise you as best as possible on labor matters.
