PROVISION OF SUSTAINABILITY AND MAINTENANCE OF EMPLOYMENT (RED)
In the additional provision of the forty-first General act on Social security incorporated into the same by paragraph 7 of article 3 Decreto-ley Real 32 / 2021 , 28 december urgent measures to labour reform, ensuring stability in employment and the transformation of the labour market, regulates the provision of sustainability and maintenance of employment (RED).
When, in accordance with provisions of article 47 bis of the revised text of the Act on the status of Workers by decision of the council of ministers, activates the mechanism network of flexibility and stabilization of employment, and the companies affected obtain authorization from the labour department for its implementation, may reduce work or suspend the contracts of employment for working people, and access to the provision of sustainability and maintenance of employment (RED).
Those who work in businesses affected by a macroeconomic conditions requiring further action, or belonging to sectors that require advanced processes.
This need must be acknowledged by the council of ministers through the activation of the mechanism network of flexibility and stabilization of Employment.
Once activated, the company may request the implementation of the extent to the Labour Department, who shall authorize, where appropriate.
In view of what is indicated in the preceding paragraphs may be beneficiaries persons employed workers, they meet the following conditions:
- It should temporarily suspend their employment contract or temporarily reduced their standard working day.
- Provided that their pay is subject to similar reduction.
- Without the need for a minimum period prior to Social security.
They may be beneficiaries persons who have the status of women as workers work associated cooperatives and employment societies included in the General Social security system or in some of the special regimes that protect the contingency of unemployment.
- Initiating the employment relationship or legal type in the company authorized to implement the mechanism network of Flexibility and stabilization of employment before the date of the agreement of the council of ministers to declare the activation of the same.
- The person registered workers to the public employment service.
- There is No requirement for qualifying period of occupation.
- The employment relationship cannot be suspended for any cause oblivious to the implementation of the Network.
Application and deadline for applications
In that application, which will require the authorization of each individual employee, shall be the same which might be affected by the implementation of the network, as well as, in case of reduced working hours, the maximum rate of reduction of authorized strength.
Deadline for applications
The company has of one month to submit the request, from the date of notification of the resolution of the labour department authorizing the implementation of the network of flexibility and stabilization of the use or certificate from the administrative silence negative.
In case of late submission, the right is obtained on the date of application. In this case, the enterprise must pay on the individual worker amount that would have earned as NETWORK mechanism from the first day of the measure applied hubierá part-time or suspension of the contract.
Duration and level
Maximum, until the end of the implementation of the mechanism in the enterprise NETWORK.
Access to this provision shall not entail the use of the contributions made to advance any effect.
The time of perception of the provision shall not be considered as the term used in future access to protection by unemployment.
The time of perception of the allowance shall be a period of occupation contributed, for purposes of future access to unemployment benefits. However, the period of six years referred to in article 269 . 1 of the General act on Social security, be rolled back by the time equivalent to which the worker would have earned the above-mentioned provision.
In the case of reduced working hours, means and time of perception of provision which is to make a full day the number of hours worked are not in the temporary period.
The base figure for the provision will be the average of the foundations of price the company that network, by occupational accidents and occupational diseases, excluding overtime payments, corresponding to the 180 days immediately before the start date of implementation of action to the individual workers.
In case of not to accredit 180 occupation, listed in this endeavour, the base figure is calculated based on the basis for the period under accredited at the same.
The amount of benefit is determined to the base figure of the percentage 70 per cent, during the lifetime of the measure. However, the maximum amount per month to receive will be the equivalent to 225 percent of the indicator for monthly (IPREM) in force at the time of birth of the right increased by one sixth.
If the employment relationship is part-time, the maximum amount is based on the IPREM calculated in terms of the average hours worked during the period referred to in paragraphs 1 and 2 of this subparagraph.
During the implementation of the measures of suspension or reduction, the company was due to the contribution of the quote him, and the public employment service to enter the State Only individual contribution prior worker discount the amount of the amount of its provision.