AFE positions itself on the ERTE, the end of the contracts and gives the recommendations for the return

first_imgThe AFE has published a document taking stock of all these weeks without competition, of the averages adopted and with a series of recommendations to footballers by the time they return to training, since the Royal Society has announced that it intends to reopen Zubieta so that its footballers, whoever wishes to, exercise individually and not in groups, something that the CSD has reminded them cannot do still, and after the RFEF also published Consult the complete protocol of measures of the FEF for the return to the competition.With this document, sent to our more than 10,000 affiliates, the Association of Spanish Soccer Players intends to make a balance sheet after the suspension of the competition, at the request of the union itself – letters sent to CSD, RFEF and LNFP on March 9 – and the State of Alarm was decreed, and expose the lines of work in defense of the labor rights of soccer players.With the different stopped competitions, clubs of all categories have adopted economic measures that have affected many and many soccer players. AFE wants to take stock of the current situation and, on the other hand, highlight its lines of work to defend the labor rights of the group we represent.First of all, it is worth remembering the two types of ERTE that are being requested (temporary employment regulation file), which have been applied by different clubs:ERTE to reduce working hours. The salary is reduced in the same proportion as the working day is reduced. The reduction must be between 10% and 70%. The affected workers will receive, on the one hand, the normal salary corresponding to the part of the working day (in charge of the company) and, on the other, the unemployment benefit corresponding to that which has been reduced, which will be paid by the Public Service of State Employment (SEPE). Extra payments are also reduced in the same proportion. The computation of the holidays is not affected.Contract suspension ERTE. The worker is exonerated from going to his job, it is not a dismissal in any case, since once the circumstance that gave rise to the ERTE ends, he joins the job. During the suspension there are no extra payments or vacations.Positioning of the unionAFE’s work is focusing on advising the hundreds of affected workers. A vigilant position is being maintained with the proliferation of ERTEs and with the aim of safeguarding the rights of soccer players. In other cases, participating and making allegations for possible challenges in the procedures, when a nonconformity is shown.The ERTEs declared due to COVID-19, based on article 10.3 of the Royal Decree proclaiming the State of Alarm, have been argued by the clubs based on the closure of stadiums, facilities and not television broadcasts.. All this does not mean that the work activity of the soccer players has stopped in relation to training. And considering that the competition has not been canceled.The position of AFE, by responsibility, is the application of the reduction of working hours, if the ERTE is justified, and to avoid that all the economic impact falls on the public treasury, following what the labor inspection has said: “The motivation, justification and accreditation of the circumstances invoked by the company are considered necessary, all the more so as the assessment of force majeure depends on indeterminate legal concepts (lack of supplies that seriously impede restrictions on public transport and the mobility of people who are duly accredited, etc.) ”.“Therefore, when the employer does not have a decrease in income as a result of the external event, the appreciation of force majeure does not proceed, as this would cause an unjust enrichment of the employer and a damage, both for the worker and for the public purse” .“However, sections 1 and 3 of article 10 of Royal Decree 463/2020 refer to the suspension of the opening to the public, so that those tasks or work that could continue to be carried out while the activity is ongoing will not be affected by force majeure. closed to the public (eg restaurateurs in museums) ”. Given this interpretation of labor inspection, Challenges can be opened in ERTE procedures.End of contractsAFE has consulted the Labor and Social Security Inspection and the General Directorate of Labor in relation to ERTEs and the specificity of sport, in relation to the fact that the specificity of the special legislation is above the general norm .In relation to the systematic extension of a contract that ends on June 30, from the legal point of view there would be a violation of the worker’s rights., if it were not the decision of the signatory parties to negotiate individually, as a single act, each of those contracts. The labor legislation that has been modified has been limited to the ERTEs and not to other facts of the contractual employment relationship.Affirming a common strategy of systematic extension of contracts, would lead to challenges in the courts, also to harm the rights of the soccer players.AFE is aware of this situation that affects us as a society, which logically will have an impact on the economy once the pandemic is overcome.ILO recommendationsTo finish, AFE wants to highlight some recommendations of the International Labor Organization (ILO) in relation to the labor rights of workers due to the pandemic caused by COVID-19.What should employers do during the outbreak?Employers will have the overall responsibility to ensure that all feasible prevention and protection measures are taken to minimize occupational hazards (‘OTI Convention 155 on Occupational Safety and Health and the Work Environment’).What are the rights and responsibilities of workers during the outbreak?Workers have the responsibility to cooperate with the fulfillment of the obligations regarding OSH (health and safety at work) that are incumbent on the employer, complying with the prescribed safety measures, ensuring, within reasonable limits, the safety of others (including avoiding exposing others to safety and health risks) and using safety devices and protective equipment correctly.Occupational health and safety measures should not imply any financial burden on workers. As long as the employer has not taken corrective measures, if necessary, he cannot demand that the workers resume a work situation where there is a continuous and serious danger to their life or health.COVID-19 disease and post-traumatic stress disorder contracted by occupational exposure could be considered occupational diseases. To the extent that workers suffer from these conditions and are unable to work as a result of work-related activities, they should be entitled to monetary compensation, medical care and related services, as established in the ‘Convention on the benefits in the event of accidents at work and occupational diseases’ (1964 / No. 121).How to deal with issues that affect privacy?As regards health surveillance, the ‘Occupational Health Services Recommendation’, 1985 (No. 171) states that provisions should be made to protect the privacy of workers and to ensure that the surveillance of your health is not used for discriminatory purposes or in any other way detrimental to your interests.What to do if a family member is sick?A worker with family responsibilities who has a child -or another direct family member who needs their care or support- should have the possibility of obtaining a permit in case of illness of the family member in their care, in accordance with the provisions of the ‘ Workers with Family Responsibilities Convention, 1981 (No. 165).Can a worker be required to use their vacation?Employers should not unilaterally require workers to use their annual leave in the event it is decided not to attend work as a precautionary measure to avoid possible exposure to contagion. The Holidays with Pay Convention (Revised), 1970 (No. 132) provides that the time at which holidays will be taken shall be determined by the employer after consultation with the worker. When setting the time for vacation, the demands of work and opportunities for rest and distraction will be taken into account.last_img

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