RECOVERABLE PAID LEAVE
Between the measures adopted by the Government in Royal Decree-Law 10/20, of March 28 there is the configuration of a “recoverable paid leave”. A "permission forced” in order to put the economy in a state of lethargy, and force people to stay at home, because they will no longer have the excuse of work to go out to Street. This measure occurs between March 30 and April 9, which implies between 40 or in your case 38 hours to recover for the first week and for the second between 32 and 28 hours approximately depending on the working day that you set each applicable agreement. Starting from a 40-hour workweek, they would have to make up 72 hours of work, now well given the meagerness of the standard it is likely that everyone will have doubts about how it should be said recovery.
The first that the norm tells us that the recovery will have to be negotiated between the representatives of the workers and the company, and the only limits states are that the recovery of hours cannot behave:
curiously It is not mentioned in the regulation, the respect of the annual vacation periods paid, (art. 38 ET), ignoring, if the government has understood as weekly rest is basic, but not the vacation period for the purposes of recoveries. If there is no correction of the rule in the next days will have to be understood in the affirmative sense.
- Failure to comply with the minimum periods of daily and weekly rest provided for in the law and in the collective agreement.
- The establishment of a notice period lower than that contained in article 34.2 of the Law of the Statute of Workers This is that Workers must know at least five days in advance when they have to make up those hours.
- The exceeding the maximum annual working hours provided for in the collective agreement of application. Likewise, the rights of conciliation of the personal, work and family life recognized legally and conventionally.
Result evident that the recovery of said hours will depend on each sector of activity, and the productivity of workers should be taken into account, because it is evident that in a 40-hour week from Monday to Friday, doing one or two extra hours per day, it will not bring great benefit to the company in terms of productivity of these hours, as has been endorsed by numerous studies. There will be sectors where work can be agreed, for example, in the mornings of on Saturdays, or there will be others who seek to reduce vacation time, It will be in the next few days that we will see how the recovery of these hours.