Labor protection for forest fires 2026: what RDL 20/2026 covers and who it affects

Key data

If your company is in an area devastated by forest fires or you have workers who cannot provide services for this reason, the Royal Decree-law 20/2026, of July 29, gives you concrete tools to protect employment and reduce labor costs while the emergency lasts. Parliamentary validation on September 9, 2026 eliminates any legal uncertainty: the measures have full force and continuity.

This type of emergency decree-laws requires, in accordance with article 86.2 of the Constitution, validation by Congress within a maximum of 30 days from publication. Compliance with that deadline ensures that no company or worker who has already activated these measures is left in a situation of legal uncertainty.

What does this regulation establish?

RDL 20/2026 establishes a package of urgent labor and social protection measures specifically designed for emergency situations caused by forest fires. The measures cover both employees and self-employed workers and companies operating in the affected areas.

The measures contemplated in the decree include:

• Unemployment benefits: access to benefits for workers who lose their employment or see their activity suspended as a direct consequence of fires.
• Suspension of employment contracts: possibility of suspending contracts without it constituting dismissal, protecting both the worker and the company.
• ERTEs (Temporary Employment Regulation Procedures): mechanism for reducing or suspending working hours for companies that cannot develop their activity due to forest fires.
• Social aid: complementary social protection measures for workers and families affected in emergency zones.

Congressional validation, approved on September 9, 2026, grants full parliamentary support to all these measures, which have been in force since July 30, 2026. This means that any company or worker who has initiated procedures since that date is completely protected by the regulation.

Economic and operational impact

For affected companies, the most direct impact is the possibility of temporarily reducing or eliminating labor costs without incurring dismissals or the economic consequences associated with contract termination. An ERTE due to force majeure—which is the figure that fits with forest fires—allows:

• Total or partial exemption from Social Security contributions during the suspension period.
• Workers to receive unemployment benefits without consuming accumulated unemployment (in force majeure ERTEs, the benefit does not deduct generated unemployment).
• Maintaining the workforce intact for subsequent recovery without rehiring costs.

For self-employed workers, the social aid contemplated may include benefits for cessation of activity linked to the impossibility of exercising their activity in the affected area.

The cost of not activating these measures is significant: a company that maintains active contracts without being able to operate assumes full salary and contribution costs with no income, whereas with the ERTE those costs are partially transferred to the public system.

Who does it affect?

• Companies with work centers in areas affected by forest fires that cannot develop their activity normally.
• Employees working in those areas who have had their contract suspended or terminated due to fires.
• Self-employed workers with economic activity in the affected areas who cannot exercise their work.
• Companies in sectors especially vulnerable to fires: rural tourism, hospitality, agriculture, forestry, construction and services in forest areas.
• Seasonal workers who carry out their activity in affected areas during months of highest fire risk.

Practical example

Imagine a rural tourism company with 8 employees operating in an area declared an emergency zone due to forest fires. From July 30, 2026—the date RDL 20/2026 entered into force—that company can request an ERTE for force majeure with SEPE.

During the suspension period:

• The 8 workers receive unemployment benefits from SEPE, without this consuming their accumulated unemployment.
• The company may be exempt from Social Security contributions for those workers (total or partial, depending on the specific terms of the decree).
• When the area recovers and activity can resume, the company has its entire workforce available without need for new hiring or selection costs.

Without this measure, the company would have assumed weeks or months of wages and contributions without activity, or would have had to dismiss its workers assuming compensation.

What should companies do now?

1. Verify if the area of activity is declared as affected by forest fires. The activation of RDL 20/2026 measures is linked to the territory where the company operates having been declared an emergency zone or affected by fires.
2. Contact SEPE and Social Security to initiate the force majeure ERTE procedure if activity is paralyzed or severely reduced. The retroactivity period covers from July 30, 2026.
3. Inform affected workers of their right to unemployment benefits during contract suspension and that such benefits do not consume generated unemployment.
4. Document the impact of fires on business activity: damage reports, communications from authorities, access closures, etc. This documentation is necessary to prove force majeure to the administration.
5. Consult with a labor advisor to determine which specific figure (ERTE, contract suspension, cessation of activity for self-employed) best fits the company's specific situation and maximizes available protection.

Official source

View complete regulation in official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-18994