The Association of Spanish Footballers (AFE) has issued a statement on Tuesday in which it denounces irregularities in the processing of ERTEs in Spanish football and in which I remember what the current legislation is so that things are done correctly.
The full statement is this:
“The Association of Spanish Soccer Players, as the majority union in the field of soccer, masculine and feminine, in our country, wants to recall a series of aspects of importance in relation to what is established in the 'Royal Decree-Law 8/2020, of 17 of March, of extraordinary urgent measures to face the economic and social impact of COVID-19 ’and that affect the soccer team.
In the first place, and before the ERTEs executed by several clubs of different categories or that some have launched, AFE wants to remember some fundamental points that appear in the aforementioned Royal Decree-law:
1. In article 22.a, 'Exceptional measures in relation to the procedures for suspension of contracts and reduction of working hours due to force majeure', in point 2.a it is stipulated that 'the procedure shall be initiated by request of the company, which shall be accompanied by a relative report to the link of the loss of activity as a consequence of COVID-19, as well as, where appropriate, of the corresponding supporting documentation. The company must communicate its request to the workers and transfer the previous report and supporting documentation, if any, to their representation. '
2. Article 28 (term of duration of the measures provided for in Chapter II) states that ‘the measures contained in articles 22, 23, 24 and 25 of this Royal Decree-Law will be in force as long as the extraordinary situation derived from COVID-19 is maintained.’
3. On the other hand, the sixth Additional Provision (safeguarding of the job post) states that ‘extraordinary measures in the labor sphere provided for in this Royal Decree-law will be subject to the company's commitment to maintain employment for a period of six months from the date of resumption of activity. ’
Exposed the previous thing, the Association of Spanish Soccer players wants to manifest and report the following:
• AFE has learned that some club has not informed the representation of the footballers when it comes to launching an ERTE, despite the fact that it is clearly included in the Royal Decree-law.
• AFE will denounce, as it has already done in some cases, this type of practices promoted by a club, which He has not informed the footballers in detail, nor has he done so with the union.
• As the provisions of the Royal Decree-Law have not been complied with in any case, AFE has already informed a club, something it will continue to do, that will transfer the situation to the competent labor authority.
• Our association wants to remember, in relation to women's football, that the Royal Decree-law is after the signing of the Collective Agreement, so We understand and hope that the club / s in question will have conveniently transferred to the labor authority the updating of the contracts in accordance with the provisions of the agreement.
• By last, We want to remember that the State of Alarm decreed throughout the country does not mean living in a State of Illegality.