ESQUEMA MODIFICATIVO DEL RD 15/2020 EN EL ÁMBITO SOCIO-LABORAL

 

Queridos laboralistas y no laboralistas. Esto es un no parar. Seguimos coleccionando Reales Decretos con ingente cantidad de modificaciones legales. Y como no, el ámbito más reformado es el social. A continuación os dejo un esquema – recopilación de las diferentes medidas y modificaciones adoptadas por el RD 15/2020.

Las medidas y modificaciones las podemos dividir en las siguientes secciones:

  • Medidas laborales, seguridad social y prestacionales.

– Situación legal de desempleo en caso de extinción contractual durante el periodo de prueba (9 de marzo) y de personas trabajadoras que hubieran resuelto voluntariamente su última relación laboral a partir del día 1 de marzo de 2020(art.22 Rd 15/2020)

– Desempleo para fijos – discontinuos (Disp. final octava. tres Rd 15/2020)

– Modificación en el Sistema Especial para Trabajadores por Cuenta Ajena Agrarios por el cual se les aplicará a las cuotas resultantes durante los periodos de inactividad en 2020 una reducción del 19,11 por ciento  a los trabajadores que hubiesen realizado un máximo de 55 jornadas reales cotizadas en el año 2019 (Art. 25 Rd). Al mismo tiempo se modifica se modifican los apartados 1 y 2 del artículo 324 del TRLGSS (Disp. final 6 RD)

– Se prorrogan los contratos predoctorales para personal investigador en formación (Disp. Adic. 14)

– Amplia modificación en el régimen de clases pasivas. El Rd 15/2020 aprovecha para regula legalmente el traspaso del Régimen de Clases Pasivas del ministerio de Hacienda al de Inclusión, Seguridad Social y Migraciones, tal y como lo venia indicando el Real Decreto 2/2020, de 12 de enero. Su justificación lo ampara en el hecho de que el traspaso no pueden ser aprobados mediante el procedimiento ordinario de tramitación parlamentaria, lo que paralizaría la ejecución del nuevo organigrama del Ministerio de Inclusión, Seguridad Social y Migraciones. (DA 6, DA 7 DA 8, DT 2 y DF 1

– Aplazamiento en el pago de sus deudas con la Seguridad Social cuyo plazo reglamentario de ingreso tenga lugar entre los meses de abril y junio de 2020 de las empresas y los trabajadores por cuenta propia incluidos en cualquier régimen de la Seguridad social o los autorizados para actuar a través del Sistema de remisión electrónica de datos en el ámbito de la Seguridad Social (Disp. Final 11ª modifica el art. 35 RDLey 11/2020)

– Opción de trabajadores autónomos. La DA 10ª n establece que todos aquellos autónomos en un plazo de 3 meses desde la finalización del estado de alarma, no hayan ejercitado la opción del art. 83.1.b TRLGSS ni la opción por una mutua ex art. 7 RDLey 8/2020, se entiende que “ha optado por la mutua con mayor número de trabajadores autónomos asociados en la provincia del domicilio del interesado, produciéndose automáticamente la adhesión con efecto desde el día primero del segundo mes siguiente a la finalización del plazo de tres meses a que se refiere el párrafo anterior”

– Posibilidad de ERTE en actividades esenciales (Disp. Final 8)

  • Modificaciones de la LISOS y actuaciones de la Inspección de trabajo y seguridad social

– Se modifica el art. 23.1.c y 23.2 TRLISOS – Infracción MUY GRAVE (Disp. Final 3)

– Se añade un nuevo apar. 3 en el art. 43 TRLISOS – Responsabilidad empresarial en la devolución de las cantidades indebidamente percibidas por la persona trabajadora. (Disp. Final 3)

– Se modifica la Disp. Adic. 2 RD Ley 9/2020 relativa al régimen régimen sancionador y reintegro de prestaciones indebidas (Disp. Final 9).

– Finalmente se SUSPENDEN los plazos en el ámbito de actuación de la Inspección de Trabajo y Seguridad Social con determinadas excepciones (actuaciones comprobatorias y aquellos requerimientos y órdenes de paralización derivados de situaciones estrechamente vinculadas a los hechos justificativos del estado de alarma, o aquellas que por su gravedad o urgencia resulten indispensables para la protección del interés general, en cuyo caso se motivará debidamente, dando traslado de tal motivación al interesado) asi como  los plazos de prescripción de las acciones para exigir responsabilidades en lo que se refiere al cumplimiento de la normativa de orden social y de Seguridad Social. (Disp. Adic. 2)

Hasta aquí he intentado esquematizar las principales novedades. La paciencia es una virtud, así que amigos laboralistas que se note la fuerza de nuestro colectivo.

SEGUIMOS !!

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  1. La verdad es que cuesta seguir todas las modificaciones, y se agradece aportaciones como ésta que aclaran y simplifican la visión. Da la sensación que no van a parar las modificaciones, menudo año 2020. Animos y fuerza para todos.

    1. Hola Pedro,

      Gracias por tu respuesta. Totalmente lo que tu dices… Llegan tiempos de incertidumbre. Nos tocará a nosotros los operadores juridicos ir desgranado todo este entramado. Saludos!

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