First of all, we hope that neither you nor your family have been affected by the pandemic that threatens us, hoping that this situation passes as soon as possible with minimal damage for everyone.
Since the state of alarm was declared on March 14, and due to the direct impact on the economy and society, several regulations have been issued to respond to the exceptional circumstances due to the COVID-19 health crisis, and aimed at controlling the spread of the virus, as well as alleviating the current situation created.
In this context, Royal Decree 11/2020 was issued, published on January 1, which adopts a new package of social measures aimed at vulnerable consumers and families, and a set of provisions that are intended to have an impact on economic activity. , serving as support to companies and the self-employed, and allowing an economic and social recovery, once this exceptional situation has been overcome.
The numerous measures adopted and the diversity of their scope, as well as the density and complexity of some of them, do not recommend being exhaustive, and would exceed what is intended with this Circular, which is intended to make you aware of those matters that have been object of regulation, highlighting the extremes that could affect you to a greater degree, putting us at your disposal to carry out the clarifications and/or expansion of information you need on those that could be of interest to you.
In the first precepts, a package of measures is adopted to support the most vulnerable families and groups, allocating several of its precepts throughout the Royal Decree to define said condition. This first Section regulates measures that affect the rental of habitual residence for the aforementioned group. The Royal Decree Law establishes, among other measures, the suspension of the judicial launch and the extraordinary extension for a maximum period of six months of rental contracts for habitual residence. Likewise, it establishes a moratorium on rental debt for tenants in vulnerable situations, automatically applicable in the event that the landlord is a legal entity, public entity or natural person who owns more than ten properties.
The moratorium on mortgage debt is extended for the habitual residence of vulnerable people, extending for this group to non-mortgage credits and loans and expanding to self-employed workers, businessmen and professionals with respect to the properties affected by their economic activity.
The contingencies in which the rights consolidated in the pension plans can be made effective are expanded, including the cases in which the accumulated savings can be used. Also in this first section, the social electricity bonus group is expanded and a set of measures are adopted aimed at guaranteeing the continuity of the energy supply and other supplies while the state of alarm lasts.
Support measures are also established for the self-employed, which are added to the extraordinary benefit for cessation of activity for those affected by the declaration of the state of alarm agreed in Royal Decree 8/2020. Among them, a six-month interest-free moratorium on the payment of Social Security contributions is established. Companies that request it and meet the requirements that will be established by Order of the Ministry of Inclusion, Social Security and Migration will be able to access this moratorium. Likewise, the possibility of a deferral in the payment of the debt with Social Security is established whose regulatory payment period takes place between the months of April and June 2020, under the terms and conditions established in the social security regulations, although with an interest of 0.5% instead of the one that had been applied.
Indicate, on the other hand, that the Autonomous Community of Madrid, through an Agreement of March 25, 2020 and with the aim of reinforcing support for the self-employed, expanded the Impulsa program by establishing a specific subsidy for the payment of their fees for a period of time. maximum of twelve months, which can be accessed within a period of six months from the publication of the aforementioned Agreement, provided that the requirements established therein are met.
An extraordinary and temporary subsidy is established for domestic workers, as well as for those workers whose temporary contracts come to an end after the declaration of the state of alarm.
Given the exceptional context, the Royal Decree provides consumers and users with mechanisms applicable to contracts for the sale of goods and provision of services, enabling the right to terminate said contracts, paralyze the collection of new fees until the service can be provided again. normally, or request a refund in case of suspension of package trips.
Mechanisms for making contract conditions more flexible are also established in the Standard, both for consumers, self-employed workers and companies, so that they can suspend or modify supply contracts without penalty, including the payment of invoices.
In addition to the above, the Royal Decree approves measures within the chapter called measures for the maintenance of economic activity, aimed at refinancing loans already granted, additional aid, line of guarantees, etc., in some cases specific for each sector of activity. .
In other labor measures, the concept of “employment maintenance commitment” is delimited, which was established in six months by Royal Decree 8/2020 for companies that have taken advantage of temporary employment regulation files.
The Royal Decree has 54 articles, 22 Additional Provisions and the same number of Transitional and Final Provisions, establishing its entry into force the day after its publication. The extension of this Standard and the purpose intended by this Circular means that there are some aspects that are not referred to, so we inform you that the full text of the Standard can be found on our website (www.serviciosjuridicosmadrid.es )
In response to the exceptional situation in which we find ourselves, and even though part of our office continues to provide services in person, we understand that the best way for you to send us your questions is by sending an email to our usual address, in which they will be attended to as quickly as possible.
Without further ado, we sincerely greet you.