If you are looking for personalized advice, contact Fernanda Vargas via WhatsApp or book an appointment through Calendly. In this article, we provide a comprehensive guide to the recent labor and Social Security measures adopted under Royal Decree-Law 20/2026, in response to the 2026 forest fires.

What Royal Decree-Law 20/2026 Approves and Its Effective Date

Royal Decree-Law 20/2026, dated July 29, establishes urgent measures for labor and social protection in the face of forest fires in severely affected areas. Published in the BOE on July 30, 2026, the decree came into effect the following day, with retroactive effects from July 22, 2026. This legislation targets safeguards for both workers and companies, ensuring rapid and effective support during emergency conditions.

Who is Protected: Affected Municipalities and Covered Situations

The decree is aimed at municipalities where civil protection measures such as evacuations, confinements, or access restrictions have been implemented during the high-risk fire season of 2026. Protection is provided exclusively to those areas where these measures have been officially recognized by competent authorities, ensuring that both workers and businesses receive the necessary support.

The New Extraordinary Emergency Benefit: Amount, Duration, and Requirements

One of the most significant innovations is the extraordinary emergency benefit, which allows workers to suspend their contracts and receive a benefit amounting to 70% of their regulatory base, subject to legal limits. This benefit is payable for a maximum of four months and is applicable to those who are unable to access their homes due to evacuation orders or restrictions, or who must carry out essential tasks during working hours, such as cleaning or retrieving important documentation. Notably, there is no minimum contribution period required, and the benefit is classified as unemployment compensation, making it incompatible with any concurrent employment.

Contract Suspension and Contributions: Responsibilities of SEPE and the Company

During the period of contract suspension and while receiving the benefit, the Public Employment Service (SEPE) takes over the worker’s contributions entirely. This relieves companies from the obligation of paying the employer’s share, ensuring that employees remain covered by Social Security while also preserving the financial stability of businesses during the emergency.

Expanded Bereavement Leave to Five Business Days

The decree also expands bereavement leave in cases directly related to the forest fires. Instead of the standard two days provided under general labor regulations, workers are entitled to five business days of paid leave following a death, ensuring they have sufficient time to manage both emotional and administrative matters in times of crisis.

Protection Against Retaliation: Nullification of Adverse Measures

The new legislation guarantees that any adverse measures taken against a worker for exercising their rights under this decree will be declared null and void. This protection reinforces the security of labor rights and ensures that no punitive actions can be taken as a result of requesting or receiving the extraordinary benefit.

Self-Employed Workers: Cessation of Activity Without Proving Force Majeure or 12 Months of Contributions

Self-employed workers also benefit from the decree, as they can access cessation-of-activity benefits without the need to document force majeure or meet the 12-month contribution requirement. With a maximum duration of four months, this provision provides vital economic relief to freelancers affected by the crisis.

Companies: ERTE for Force Majeure and 100% Exemption of Contributions (August-November 2026)

For companies operating in affected municipalities, the decree permits the use of Temporary Employment Regulation (ERTE) due to force majeure. During the months of August, September, October, and November 2026, companies can benefit from a full 100% exemption on their Social Security contributions related to periods of suspension or reduced working hours, as long as they commit to maintaining their workforce.

Commitment to Job Retention and Other Conditions for Businesses

Besides the contribution exemptions, companies that take advantage of these measures must ensure the retention of their employees during the affected period. This commitment is a crucial component of the support strategy, ensuring that the benefits not only alleviate financial strain but also preserve employment stability in the face of the crisis.

Notarial and Registry Measures, and Suspension of Judicial Deadlines

The decree further introduces important administrative measures. Enhanced notarial services and free registration of simple localization notes are available for those who have lost their documentation due to the fires. Additionally, judicial deadlines—including prescription, expiration periods, and obligations to file for insolvency—are suspended in several jurisdictions, except in cases of urgent proceedings or the protection of fundamental rights.

Step-by-Step Guidance for Those Affected

If you have been affected by the forest fires, here are some practical steps to follow: first, obtain detailed information about the measures applicable to your municipality; next, gather all necessary documentation; and then, get in touch with Fernanda Vargas for tailored legal advice regarding contract suspension, benefit claims, or any other legal support you may require. Professional legal guidance is essential to ensure that your rights are fully upheld.

What the Norm Does Not Cover and Pending Legislative Matters

While Royal Decree-Law 20/2026 introduces a range of protective measures, it is important to differentiate between what is already in force and what remains subject to parliamentary approval. The decree does not replace existing regulations concerning extreme weather conditions or other alert systems. Some specific issues and potential modifications will be addressed in a future legislative project, so affected parties should remain informed through official channels.

For further inquiries or to discuss your particular situation, please do not hesitate to contact Fernanda Vargas via WhatsApp or schedule an appointment through Calendly.