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However, it is anticipated the preparation of draft amendments to the law, to be submitted by several parties, in order to allow micro-companies, constituted only by their managing partner, without any employee, to also access the lay regime. simplified off, thus allowing State aid to pay the manager’s salary, without the need for credit.

(Answer given by Rita Frade Pina, senior associate, and Sérgio Mesquita Dinis, associate, from Laboral da PRA)

Thanking you for your question, we inform you that under the exceptional, transient and temporary measures adopted by the Government, the financial support granted under the simplified Lay-Off regime does not cover the managing partners. As for managers, companies can only benefit from the temporary exemption from the payment of the respective Social Security contributions as long as the employer benefits from the measures provided for in Decree-Law no. 10-G / 2020, of 26.03.2020 and during its validity.

This means that it is necessary to have employees for the measures to be applicable and, thus, companies can benefit from the contributory exemption provided for in relation to their MOEs.

In the situation where the company of which it is an EOM does not have any associated employee, it will not be possible to apply the measures and, consequently, it will not be possible to benefit from the contributory exemption.

However, it is anticipated the preparation of draft amendments to the law, to be submitted by several parties, in order to allow micro-companies, constituted only by their managing partner, without any employee, to also access the lay regime. simplified off, thus allowing State aid to pay the manager’s salary, without the need for credit.

(Answer given by Rita Frade Pina, senior associate, and Sérgio Mesquita Dinis, associate, from Laboral da PRA)

Thanking you for your question, and assuming you are at home due to the suspension of your employment contract, under the simplified lay-off regime, you will be entitled to receive the amount corresponding to 2/3 of your normal gross remuneration, with the maximum limit of € 1,905 and minimum limit of € 635.

It should be noted that the said amount remains subject to withholding tax under the terms of the IRS tables in force, as well as the 11% social security contribution.

For the purposes of the gross normal remuneration, the basic remuneration, seniority and other regular and periodic installments inherent to the performance of work, which appear on the payroll, must be taken into account.

With regard to the specific case of the food allowance, it should not be considered, except in situations where it is considered retribution for legal purposes.

However, it is anticipated the preparation of draft amendments to the law, to be submitted by several parties, in order to allow micro-companies, constituted only by their managing partner, without any employee, to also access the lay regime. simplified off, thus allowing State aid to pay the manager’s salary, without the need for credit.

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