10-A / 2020, of March 13, resulting from the fact that some educational establishments have closed. In this regard, it should be noted that during the Easter holidays, regarding the 7-year-old daughter, there is no place for financial support (only for the 3-year-old daughter because she is still in daycare).
From the moment you are in lay-off, the answer will depend on the model in question. Now, if it is a lay-off in which Mr. André has a reduction in the normal period of work but in which he starts to provide his activity in teleworking, then the financial support contained in the aforementioned diploma will no longer be granted.
From reading your question, I confess that I was unable to understand the type of contract entered into, why it was suspended and whether Mr. Henzo was or was not included in a lay-off regime. I am also unaware of whether the Social Security allowance you mention is related to unemployment protection (if the contract has ceased) or if it relates to any other extraordinary support. To that extent, we suggest that you rephrase the question and make your questions concrete accordingly.
The trial period exists for the company and worker to evaluate each other, as well as the willingness of the employee to be able to perform the activity for which she was hired. In fact, the Law gives the employer a great deal of discretion as to the reasons that can support the decision (reasons that do not even have to be included in the communication to be sent to the worker). Based on this discretion, some authors argue that the need for reorganization can support the use of this type of termination of employment. However, in the case of a contract in which IEFP support was used, we recommend that the consequence of this termination be analyzed through the complaint during the trial period (namely with regard to the non-maintenance of employability levels), which may determine, among other things, a return of the support received.
Before opting for the simplified Lay-off, they will have to check if they fulfill any of the requirements therein (Decree-Law no. 10-G / 2020, of 26 March). In the event of such a scenario, the law provides for a real exemption from the payment of contributions by the company in relation to the workers involved (these employees are still subject to the payment of their contributions). This exemption is temporary and as long as the regime is in force (which can last up to one month, renewable up to 3 three).
It will always be the company that ensures the payment of the amount due, and meanwhile you will receive the 70% from Social Security.
Thanking you for your question, we will answer each one of them, according to the numbering given and on the assumption that the Lay-Off in question will be the Simplified Lay-Off, in the form of suspension of the employment contract, under the terms of Dec.- Law no. 10-G / 2020, of 26.03.2020, with the wording rectified by Statement Rectification no. 14/2020, of 28.03.2020.
The. The worker will receive € 635.00 as compensation. In effect, the worker during the period of reduction or suspension, is entitled to retributive compensation fixed under the terms of article 305/3 of the Labor Code, which determines the right of the worker to receive, during the Lay-Off period, the compensation to the extent necessary to, in conjunction with the remuneration for work performed in or outside the company (in cases of reduction), ensure the monthly amount equal to 2/3 of your normal gross remuneration or the value of the guaranteed minimum monthly remuneration (RMMG in 2020 it is € 635.00) corresponding to your normal working period, whichever is higher, up to three times the minimum guaranteed monthly salary (€ 1.