Unemployment Benefits in Spain during the Coronavirus OutbreakInterruption of the computation of duration of temporary contracts

Employment Law Spain coronavirus

The suspension time of the temporary contracts by ERTE due to force majeure or ETOP causes derived from the covid-19 will interrupt the calculation of its duration (art. 5).

The exceptional nature of the situation of paralysis of economic activity due to the declaration of the state of alarm to face COVID-19 is considered to be so for all purposes, also for temporary hiring, establishing the following measure:

  • The suspension of temporary contracts, including formative, relief and interim contracts, by ERTE due to force majeure or ETOP causes (arts. 22 and 23 RDL 8/2020) will suppose the interruption of the calculation of their duration and the periods of equivalent references to the period suspended with respect to the affected workers.

Article 5 of Royal Decree-Law 9/2020, March 27, BOE, 28 provides for the interruption of the calculation of the maximum duration of temporary contracts. It indicates, in this sense, that the suspension of temporary contracts, including formative, relief and interim contracts, for the causes provided for in articles 22 and 23 of Royal Decree-Law 8/2020, of March 17, BOE, 18 , will mean the interruption of the computation, both of the duration of these contracts, and of the reference periods equivalent to the suspended period, in each of these contractual modalities, with respect to the workers affected by them.

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