Limitation of redundancies among the measures contained in RD-Law 6/2022

Find out about the new labour and Social Security measures introduced in the new Royal Decree-Law 6/2022 of 29 March adopting urgent measures within the framework of the National Response Plan to the economic and social consequences of the war in Ukraine.

On 31 March 2022, the new Royal Decree-Law 6/2022 came into force, in which the government adopts new measures to deal with the impact of the crisis generated by the war in Ukraine, the strike of transporters and the existing supply crisis. The plan will mobilise 16,000 million euros, with 6,000 million euros in aid and tax rebates and 10,000 million in ICO credits, and is organised into five axes: measures to help families, workers and displaced persons; to support the economic and business fabric; in transport; in cybersecurity; and in energy. Thus, among other socio-economic measures, the law regulates new measures to support vulnerable workers and groups, specifically the following:

Limitations on redundancies

Given that this situation can have serious economic effects and distortions in Spain, the regulation limits the use of redundancies due to the invasion of Ukraine or the increase in energy prices or costs.

Indeed, in the explanatory memorandum, section III, it establishes the primacy of the use of ERTEs to deal with this temporary and extraordinary situation, with the aim of protecting employment sufficiently, establishing a series of complementary and extraordinary measures that guarantee their useful effect, which is none other than to avoid the destruction of employment and the business fabric in a situation that could have unforeseeable economic and social effects. Consequently, the following limitations on redundancies are established:

• Companies benefiting from direct aid will not be able to justify objective redundancies based on the increase in energy costs, such limitation being in force until 30 June 2022 . Failure to comply with this obligation will lead to the reimbursement of the aid received.
• Companies that avail themselves of the measures to reduce working hours or suspend contracts regulated in Article 47 of the Workers’ Statute for reasons related to the invasion of Ukraine and that benefit from public support will not be able to use these reasons to make redundancies.

Increase in the minimum living income

An increase in the amount of the minimum living income is also foreseen, so that beneficiaries will have an increase of 15% in the monthly instalments of April, May and June 2022.

This increase will also apply, on the same terms, to applications for this benefit that have been submitted by the date of entry into force of the Royal Decree-Law but have not been resolved, as well as to those that are submitted subsequently, provided that the effects of their recognition are not later than 1 June 2022.

Other measures

Voluntary extension of temporary contracts and extension of temporary residence and work permits for Ukrainian crew members enrolled on Spanish-flagged merchant ships for the necessary period and up to a duration of 12 months is permitted. Mere notification by the shipping company will be sufficient.

Finally, it is also envisaged that companies with workers registered in the General Social Security Scheme that carry out their activity in the urban and road transport sector (CNAE 4931, 4932, 4939, 4941 and 4942), as well as companies included in the Special Social Security Scheme for Sea Workers, provided that they are up to date with their Social Security obligations and have no other deferment in force, may request a deferment in the payment of Social Security contributions and for joint collection items accrued between April and July 2022.

AddVANTE remains at your disposal for further information or to resolve any queries that may arise in relation to this article.