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This calculation rule has a minimum limit of € 635.00 and a maximum limit of € 1,905.00.

Workers covered by the lay-off regime are not entitled to receive the full basic remuneration, unless they earn an amount equivalent to the national minimum wage.

There is no impediment for companies to include pregnant workers in the lay-off regime, however, the parental leave will prevail over the lay-off regime, maintaining the right to leave.

Workers are only entitled to remain at home in the event of the closure of the company or when the company uses a mechanism to suspend the employment contract.

If the worker is not in a situation of prophylactic isolation or in a situation of extraordinary support to the family, he is not entitled to stay at home. The worker remains obliged to perform the work on a regular basis, and cannot be absent in case of mere fear.

According to the decree that implements the measures of the state of emergency, teleworking has to be mandatorily implemented whenever the functions exercised by the worker allow.

This means that, whenever the company is not in a lay-off situation, the implementation of the teleworking regime is mandatory.

The implementation of teleworking does not require agreement between the parties and may be required by either the worker or the employer, which is why the company may require the worker to provide a justification for the impossibility of providing work in teleworking regime.

If this is not the case, the truth is that the decision that the company has granted workers the possibility of staying at home (if this decision is different from the support that was implemented by the Government) for family support is a liberality for the company to decide how do you practice this right granted to workers.

It is a complex issue and one that does not have a uniform answer, nor a governmental position. However, the total closure of the nursery’s activity for reasons of public order and therefore, not attributable to any of the parties, makes it impossible for the nursery to continue to provide its services. As a result, the user is also released from his consideration, that is, from the monthly payment, and it is possible to defend that the contract is suspended until normality is resumed. This possibility should be discussed with the daycare center.

Alongside this possibility, and since the current pandemic corresponds to an abnormal change in the circumstances in which the contracts were concluded, it is possible for users to terminate the contract (which will not matter, as they will lose their place in the institution) or, alternatively, the daycare center may propose to modify the contract according to equity judgments. Such a change can be translated, p. eg a reduction in tuition, as already proposed by the daycare center. However, such a reduction must be established by agreement between the parties (the user can propose a 50% reduction to the daycare center, since it does not provide any services) and take into account several specificities: a possible reduction will necessarily have to be different depending on the company benefits from support such as the lay-off or has no support at all.

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