Un permiso de orden social. RD-Ley 10/2020, el permiso retribuido recuperable

Resumo

The Royal Decree-Law No. 10/2020 – now Act No. 4/2021 –, which regulates recoverable paid leave for workers that do not provide essential services, introduces a peculiar “compulsory recoverable paid leave”, which brings with it the debate on various issues such as its own basis, the development and content of its legal regime, its peculiarities within the labour law context and some aspects of legal origin among which we should highlight those arising from its fit with the employer’s power of management. The social, health and economic emergency from which it arises and the brevity for which it is planned justify, at first sight, a problem which, although apparently slight, generates exceptional and specific application problems that affect both parties to the contract.