Este sábado 28 de marzo fue anunciado por el Presidente de Gobierno, Pedro Sánchez, un conjunto de medidas para combatir la crisis sanitaria causada por el COVID-19, entre estas propuestas se restringe la actividad económica, salvo aquellas actividades que sean consideradas esenciales. Por tanto, todos los trabajadores de actividades consideradas no esenciales deberán de confinarse en sus hogares a partir del 30 de marzo, hasta el 9 de abril, ambos inclusive, no perdiendo estos sus salarios ya que lo percibirán en forma de permiso retribuido recuperable ¿Pero que es el permiso retribuido recuperable?¿Y qué supone esta medidas tanto para trabajadores como para empresarios?
Esta figura se encuentra regulada en el Artículo 37 del Real Decreto Legislativo 2/2015, de 23 de octubre, por el que se aprueba el texto refundido de la Ley del Estatuto de los Trabajadores (en adelante, ET), donde se fijan los distintos tipos de descansos, fiestas y permisos retribuidos de los cuales dispone el trabajador.
Distinto a los supuestos de suspensión contractual (recogidos en los artículos 45 y siguientes ET), en el supuesto de los permisos retribuidos el empresario sigue manteniendo la obligación de retribuir al trabajador, llevando aparejado consecuentemente la obligación de cotizar en la Seguridad Social.
El artículo 37, recoge una serie de supuestos en los cuales se regula este permiso, previo aviso y justificación por parte del trabajador, así por ejemplo en su apartado 3.d se permite al trabajador un permiso “Por el tiempo indispensable, para el cumplimiento de un deber inexcusable de carácter público y personal, comprendido el ejercicio del sufragio activo. Cuando conste en una norma legal o convencional un período determinado, se estará a lo que esta disponga en cuanto a duración de la ausencia y a su compensación económica”.
En conclusión, esta medida adoptada por el ejecutivo, supone que, aquellos trabajadores incluidos en las actividades consideradas no esenciales, tendrán la obligación de permanecer en casa, y que el empresario mantendrá la obligación de seguir abonando los salarios de los mismos. Una vez finalizada la crisis sanitaria, los trabajadores deberán de recuperar las horas no trabajadas, negociando en un período de consultas entre la empresa y la representación legal los trabajadores, o en su caso una comisión ad hoc. Esta medida no aplicará a los trabajadores de las actividades consideradas esenciales, para aquellos que se encuentren trabajando a distancia, para los incluidos ya en un procedimiento ERTE, ni para aquellos que están sujetos a un procedimiento de incapacidad temporal o con bajas de maternidad o paternidad.
El Presidente de Gobierno, ha manifestado que esta decisión ha sido tomada en recomendación de los expertos del Comité Técnico, tras haberse tratado con los agentes sociales y con el objeto de recudir la movilidad de los días laborables al de la caída que se produce los fines de semana. Sin embargo, estas medidas aunque aseguran a los trabajadores que se acogen a la misma poder percibir su salarios habituales, podría suponer al sector empresarial un gran esfuerzo, dado que tendrán estos que seguir asumiendo sus gastos fijos, el pago de impuestos y cotizaciones a la Seguridad Social, así como los salarios de sus trabajadores, sin percibir estos ingresos algunos mientras dure el período de estado de alarma.
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