What measures are at stake in the decree-law of social protection against fires

The Congress examines the decree-law that enables a benefit for workers affected by the fires who cannot go to work.

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What news is there? The Congress votes this Wednesday on Decree-law 20/2026 of urgent measures for labor and social protection against forest fires.

Its main measure is the recognition of an extraordinary benefit to all those people who, due to certain personal circumstances associated with this disaster, cannot attend their workplace.

Among these causes are not being able to enter the house, having to clean it, recovering personal belongings, attending to family members, or carrying out certain procedures.

The norm will be defended by the Vice President of Labor and Social Economy, Yolanda Díaz, and, like any decree-law, it needs a simple majority to be validated. Otherwise, it will be repealed.

What measures are at stake?

New benefit for extreme emergency

It allows the worker to temporarily suspend their contract and receive a contributory unemployment benefit when certain consequences of the fires prevent them from working.

It can be requested in three major cases:

  • When the worker cannot access their usual home due to an evacuation, access restriction, or other Civil Protection measure, and this prevents them from recovering the necessary items to work, provided they also cannot telework.
  • When they have to dedicate their day to moving, cleaning, or preparing their home, recovering belongings, or carrying out certain official in-person procedures, until they have a stable housing solution.
  • When they must assume family care resulting from the fires: attending to vulnerable family members, taking care of minors due to school closures, or replacing the person who normally provided that care and can no longer do so.

This third case applies to the spouse, domestic partner, relatives up to the second degree, and also to other people who lived in the same household. And it can operate even if the relative lives in one of the affected municipalities and the worker resides in another.

Does not consume unemployment nor requires minimum contribution

How long. The benefit can be maintained as long as the situation that justifies it persists, with a maximum of four months.

Facilitations. It does not require any minimum prior contribution period nor does it consume contributions for a future right to SEPE (the SEPE pays the contribution that corresponds to the worker and there is no obligation for employer contributions).

How much is it. The regulatory base is calculated with the average of the bases of the last 180 days contributed —or the shorter period that exists— and on it the 70% is applied, subject to the maximum and minimum of the unemployment benefit

Protection. Any unfavorable measure against a worker for exercising these rights will be null.

More days for death

For deaths caused by reasons related to these fires, the work permit is extended. The duration is extended from the death until the five working days following the burial.

Affected self-employed

Self-employed individuals who are forced to cease their activity totally or partially, whether temporarily or permanently, can apply for the cessation of activity benefit.

It is not necessary to initially prove the existence of force majeure or to have contributed for at least twelve months of the previous twenty-four.

This benefit is also not deducted from the maximum benefit periods that may have been accumulated. Its maximum duration is also four months.

Exemption from employer contributions

Companies located in the affected municipalities that cannot normally carry out their activity and obtain authorization to apply an ERTE may benefit from a 100% exemption from the employer's contribution to Social Security for the affected workers.

Wide scope

Despite being born after the national emergency declared in Madrid and Ávila –later extended to Toledo— it applies to municipalities affected by forest fires that lead to evacuations, access restrictions, confinements, or other analogous civil protection measures, until the high fire danger campaign of 2026 ends.

Notaries and registries

Notaries must provide free advice to locate and recover destroyed documentation, certify rights, or resolve legal problems arising from the fire. The urgent telematic minutes to protocol photographs of the damages will have no fee.

Registrars will also issue notes for locating real estate and other registered assets or rights for free when the holders have lost the documentation. And the Geoportal of Registrars must graphically identify the affected areas and the properties located in them.

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At what stage of parliamentary processing is Royal Decree-Law 20/2026, and what are the next steps for its definitive approval?

According to the official information available, the Royal Decree-Law 20/2026, of July 29, establishing urgent labor and social protection measures against forest fires, has been:

  • Approved by the Council of Ministers on July 28, 2026.
  • Published in the BOE on July 30, 2026, so it is already in force.

However, no parliamentary initiative associated with it is yet recorded in the Congress of Deputies (it does not appear registered with number 130/… or 121/… in the parliamentary database), so formally its parliamentary processing has not begun. That is, as of today it is only in the executive phase (approval by the Government and publication in the BOE), but the validation file does not yet appear in the Congress.

1. Current situation of Royal Decree-Law 20/2026
  • Government phase: approved by the Council of Ministers as a Royal Decree-Law of urgent measures against forest fires. This phase is recorded in the official reference of the Council of Ministers:
    Council of Ministers Reference (07/28/2026).
  • BOE phase: published as Royal Decree-Law 20/2026 on July 30, 2026, so its measures are fully applicable:
    Text of Royal Decree-Law 20/2026 in the BOE.
  • Parliamentary phase: as of the consultation date, the parliamentary database does not show that the validation initiative has yet been registered in the Congress. Therefore, from a strictly parliamentary point of view, the decree-law is pending the start of processing in the Cortes.

This does not prevent its validity: decree-laws are in force from their publication in the BOE, although validation by the Congress is processed later.

2. Next steps for its approval or definitive validation

From this situation (approved and published, but without a visible parliamentary file yet), the normal itinerary of Royal Decree-Law 20/2026 would be as follows:

  • Referral to the Congress of Deputies
    The Government sends the decree-law to the Congress Board. This formally opens the parliamentary file, which will receive an identifier like 130/0000XX. This is the first proper parliamentary phase.
  • Validation debate in the Plenary
    The decree-law must be submitted to a debate and vote in the Plenary of the Congress. The Congress has the power to:
    • Validate the decree-law (keeping it in force with the rank of law).
    • Repeal it (reject it); in that case it lapses, without prejudice to the Congress agreeing to process an alternative bill.
    The Constitution sets a maximum period of 30 days from its promulgation for that vote, but in practice there may be slight discrepancies between reality and the moment it appears registered in the databases.
  • Decision on its processing as a bill
    In the same debate, the Congress may agree, in addition to validation:
    • To process it as a bill by the urgent procedure. In that case, a new parliamentary file is opened as a bill “originating from Royal Decree-Law 20/2026”, on which amendments may be submitted and which will follow the ordinary phases (committee, commission and, if applicable, Plenary of the Congress; then Senate and return to the Congress if there are changes).
    • Not to process it as a bill. In this case, if validated, the text of the decree-law becomes final as published in the BOE.
  • In case of processing as a bill
    If the Congress agrees to transform it into a bill, the pending steps would be:
    • Opening of the period for amendments by parliamentary groups.
    • Preparation of a committee report and a commission opinion.
    • Debate and vote in the Plenary of the Congress (if there is no full legislative competence in the commission).
    • Referral to the Senate, where it may be vetoed or amended.
    • Possible second reading in the Congress to resolve amendments or lift Senate vetoes.
    • Promulgation and publication as law in the BOE, no longer as a decree-law, but as an ordinary law resulting from parliamentary processing.

In summary, Royal Decree-Law 20/2026 is already in force due to its publication in the BOE, but its parliamentary processing has not yet been formally opened in the Congress. The key next steps will be the registration of the validation file, the debate and vote in Plenary, and, if applicable, the decision to process it or not as a bill.

What are the competencies and functions of the Vice President of Labor and Social Economy according to Spanish legislation?

Currently, the figure of the Vice President of Labor and Social Economy combines two legal levels: that of Vice Presidency of the Government and that of head of the Ministry of Labor and Social Economy. Their competencies derive from the Constitution, Law 50/1997 on the Government, and the royal decrees regulating the vice presidencies and restructuring ministerial departments.

1. Basic regulatory framework

Royal Decree 830/2023, of November 20, on the Vice Presidencies of the Government (amended by Royal Decree 1231/2023) establishes, with reference to Article 98 of the Constitution and Articles 3 and 8 of Law 50/1997, the institutional framework of the vice presidencies. Within this framework, the royal decree provides that:

  • Each Vice Presidency of the Government is responsible for exercising the functions entrusted to it by the President of the Government.
  • The Second and Third Vice Presidencies may also be assigned the presidency of certain Delegated Government Commissions, according to what the royal decree establishing these commissions provides.
  • It is made explicit that no Vice Presidency presides over the General Commission of Secretaries of State and Undersecretaries, which corresponds to the head of the Ministry of the Presidency, in application of Law 50/1997.

On the other hand, Royal Decree 829/2023, of November 20, restructuring ministerial departments, configures the list of government ministries and assigns each its main material areas. It expressly establishes that:

  • The Ministry of Labor and Social Economy is responsible for proposing and executing the Government's policy on employment, social economy, and corporate social responsibility.
  • This Ministry is structured, as superior bodies, into the State Secretariat for Labor and the State Secretariat for Social Economy.
2. Competencies as Vice President of the Government

Based on these texts and Law 50/1997, the general functions of a Vice President of the Government can be grouped as follows:

  • Functions delegated by the president: the royal decree on Vice Presidencies emphasizes that their functional scope depends on the assignments of the President of the Government. This includes tasks of political coordination between areas, promotion of strategic priorities of the Executive, or leadership of certain plans and reforms, to the extent they are formally assigned.
  • Presidency of Delegated Government Commissions: when so provided by the royal decree regulating the Delegated Commissions (currently Royal Decree 1/2024, of January 9), the vice president may preside over the commission that articulates interministerial coordination in matters of labor, employment, or social economy, granting a key horizontal coordination function.
  • Hierarchical position within the Council of Ministers: as vice president, they are part of the core political leadership of the Government and perform functions of substitution and support to the president in conducting government action, according to the internal distribution of tasks established.
3. Competencies as head of Labor and Social Economy

Simultaneously, the person holding the Vice Presidency of Labor and Social Economy is Minister of Labor and Social Economy, and therefore assumes the competencies that Law 50/1997 assigns to ministers, sectorially specified by Royal Decree 829/2023:

  • Department leadership: exercises the highest authority over the Ministry, directs its internal organization, and sets the general guidelines for the action of the State Secretariats for Labor and Social Economy.
  • Proposal and execution of employment policy: designs, promotes, and evaluates employment policies (labor market, labor relations, active policies, etc.) and submits the corresponding regulatory and programmatic initiatives to the Council of Ministers.
  • Promotion of social economy and corporate social responsibility: leads the government strategy in cooperatives, labor societies, insertion companies, and other social economy entities, as well as corporate social responsibility policies.
  • Regulatory power within their scope: within the framework of Law 50/1997, proposes royal decrees and signs ministerial orders in matters of their competence, developing labor legislation and employment and social economy policies.
  • Inter-administrative and international relations in their sector: represents the Government before autonomous communities, social agents, and international organizations in labor, employment, and social economy matters, unless the president decides otherwise.
4. Summary

In short, according to current legislation, the Vice President of Labor and Social Economy exercises the general functions of a Vice President of the Government – those entrusted by the president and, if applicable, the presidency of Delegated Commissions – and, at the same time, the own competencies of the Minister of Labor and Social Economy: directing government policy on employment, social economy, and corporate social responsibility, as well as the entire department and its superior bodies. This dual role strengthens their position as a central figure in defining and coordinating labor and social economy policies within the Executive.

What general legal requirements must be met to access extraordinary benefits in emergency situations in Spain?

In Spain, extraordinary benefits and aid for emergency situations (natural disasters, health or economic crises, etc.) are supported by existing legal regimes —Social Security, unemployment, subsidies— to which specific urgent rules are added. Although each aid has its own regulation, a series of common requirements and principles often recur that are important to know.

1. General principles and cross-cutting requirements

The basic rule is that the aid is aimed at persons or entities affected by an exceptional and clearly defined event (a specific DANA, a volcano, a state of alarm, a price crisis). From this derive requirements that appear in almost all calls:

  • Link with Spain or the affected territory: legal residence is usually required or, where appropriate, establishment or tax domicile in Spain, and often registration in the municipal census or location of the activity in the damaged municipality or area before the event.
  • Proof of damage or affectation: having suffered a loss of income, destruction of goods, activity stoppage, ERTE, etc. Normally proven with expert reports, administrative certificates, accounting, payrolls, or tax returns.
  • Temporality: these are time-limited measures. It is required that the damage occurred within a specific period and that the application is submitted before a closing deadline.
  • Incompatibilities and no duplication: simultaneous receipt of aids covering the same damage is usually prohibited. It is required to declare received aids and, if applicable, they are reduced or declared incompatible.
  • Collaboration and truthfulness: the applicant must provide documentation, allow verifications, and be responsible for the truthfulness of the data, under risk of reimbursement and sanctions.

2. Social Security aid

When the emergency affects employment or labor capacity, extraordinary benefits, moratoriums, or contribution adjustments are articulated. Usually required are:

  • Registration or assimilated status in the corresponding Social Security regime on the key date (before the emergency or measure).
  • In benefits of the “extraordinary unemployment” type or similar, lack of other labor income or activity, and not already protected by another incompatible ordinary benefit.
  • For moratoriums or contribution exemptions, being the employer or self-employed responsible for contributions and proving income drop, mandatory closure, or activity reduction.
  • Proof by: labor life reports, ERTE resolutions, self-employed receipts, contracts, payrolls, company certificates, or other official documents.

3. Extraordinary unemployment benefits

In severe crises, extraordinary subsidies or extensions of unemployment are created. Their usual requirements are:

  • Legal unemployment status caused by the emergency: dismissal, contract end, ERTE, substantial reduction of working hours, sector closure, etc., according to labor law definitions.
  • Registration as a job seeker and maintenance thereof during benefit receipt.
  • Income limits: individual or family income thresholds are set, usually calculated on the IPREM or other indicators, to be proven by income tax returns, benefit certificates, and bank statements.
  • Compliance with commitments of active job search or training, unless the emergency situation itself requires flexibility.

4. Direct aid to individuals and self-employed

In disasters or crises, aid is approved for families, owners of damaged homes, and self-employed workers. They usually require:

  • Registration or habitual residence in the affected home before the event; or prior registration in the activity census as self-employed in the affected territory or sector.
  • Proof of material damage (technical reports, photographs, insurance reports, municipal valuations) or income drop through income and expense books, quarterly VAT or income tax returns, simplified accounting books, etc.
  • Being up to date with tax and Social Security obligations, unless the regulation provides flexibilizations. Proven with positive certificates or, sometimes, authorizations for the administration to directly consult data.
  • Commitment to use the aid for the established purpose (repair home, sustain activity), with possible later control and reimbursement obligation if not fulfilled.

5. Aid to companies

Companies can access subsidies, subsidized loans, guarantees, or other support measures. The requirements usually are:

  • Registered office or workplace in the defined geographic area and previous and real economic activity, proven with census registration, annual accounts, and tax returns.
  • Quantifiable economic damage or loss: drop in turnover, extraordinary costs, inventory loss, production stoppage, etc., with accounting and fiscal documentation allowing its calculation.
  • Being up to date with tax and Social Security obligations and not being in excluding situations (for example, certain prohibitions on receiving subsidies).
  • Compliance with State aid rules (limits on accumulated amount, excluded sectors, maintenance periods of activity or employment).

In summary, accessing extraordinary benefits in emergencies requires demonstrating the relationship with the damaging event, the situation of need or economic harm, and regular conduct in fulfilling public obligations, all within short deadlines and with a burden of proof that the regulation tries to simplify but remains essential.

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