Interpretative criteria of the recoverable permit and responsible statement

On March 30, Order SND/307/2020, March 30, was published, establishing the interpretative criteria for the application of Royal Decree-Law 10/2020, March 29, and the model of responsible declaration to facilitate the necessary journeys between the place of residence and the place of work.

RDL 10/2020 establishes a mandatory and time-limited leave of absence between March 30 and April 9 (both included), for all employees working in companies or entities of the public or private sector that carry out non-core activities classified as such in the annex that accompanies the Royal Decree-Law itself.

The purpose of the Order published by the Ministry of Health is to specify activities excluded from the scope of application of Royal Decree-Law 10/2020, of March 29, as well as to provide a model of responsible declaration stating that the worker carrying it may continue to travel to his place of work or to carry out his trade union or business representation activity.

Self-employed

The recoverable paid leave is only applicable to employees. Therefore, self-employed workers are outside its scope of application and can continue to work if their activity has not been suspended due to the state of alarm.

Union representatives

The activities of union and employer representation are not affected by the mobility restrictions contained therein, in order to guarantee assistance and advice to workers and employers, as it is necessary in many companies and institutions to consult and negotiate with workers’ representatives.

Responsible declaration

Employees who do not have to take recoverable paid leave and those who are engaged in union or business representation activities shall be entitled to receive from the company or employing entity a responsible statement acknowledging this circumstance.