In order to minimize the economic consequences caused by the current work stoppage imposed by the Coronavirus health crisis that the country is going through, the Government of Spain has arranged various extraordinary measures included in Royal Decree-Law 8/2020. Among them, the acceleration of temporary employment regulation files (ERTE) is sounding strong.
But what is an ERTE? And more importantly, how does it affect workers?
What is an ERTE?
The state of emergency has caused the temporary cessation of activity of many companies. Faced with this situation, many business owners have been forced to resort to an ERTE.
The relaxation of this measure, included in the labour regulations in article 47 of the Workers' Statute Law, allows all those companies that have seen their production or activity affected due to the Coronavirus pandemic and the national state of alarm, to alleviate the salary costs of their employees by sending them temporarily to unemployment.
Therefore, an ERTE is a temporary authorisation under circumstances of force majeure, for a company to suspend one or more employment contracts. During this time, the affected workers will remain linked to the company, so they will not receive compensation, but they will not be entitled to extra pay or holidays.
Can my company carry out an ERTE?
All companies whose economic activities are directly affected by the declaration of the state of emergency and the Coronavirus pandemic will be eligible for this exceptional measure, regardless of their professional sector.
The resolution approving the same will be given within an extraordinary period of 5 days from its request, taking effect from the date of the event causing it and extending its validity until the end of it.
Therefore, the duration of the ERTE will directly depend on the cause that caused it.
My company has implemented an ERTE, what do I have to do now?
The new measures state that, depending on the Autonomous Community, it will be the State Public Employment Service (SEPE) or the worker themselves who will have to apply for the benefit, presenting the corresponding documentation to their employment office or electronically through an online form.
On the other hand, Royal Decree-Law 8/2020 of March 17, on extraordinary urgent measures to address the economic and social impact of COVID-19 (BOE of March 18), establishes that these periods do not count towards receiving future benefits and that the amount to be received by the worker during this time will be 70% of the regulatory base.
Once the situation of force majeure that caused the ERTE has ended, the company will be obliged to maintain the affected workers for a minimum of six months.
Are you in an ERTE? Make the most of your time.
The current situation caused by the Coronavirus pandemic is causing people, institutions and organizations to depend on the online world to communicate, work or find possible solutions for entertainment. But why not take advantage of the time to update or expand your knowledge and professional skills from your own home, at your own pace and without time limitations?
The training plans offered (training courses) 100% subsidized by the Ministry of Labor and Social Economy, are an excellent free option to learn about that subject that interests you so much with the help of a personal tutor who will guide you throughout the educational process. In addition, the online platform, available 24 hours a day, includes various multimedia tools that will make it easier for you to assimilate all the concepts.
During these downtimes, you can also expand your network of contacts, taking advantage base de datos telefonos fijos of the time by reading, commenting and sharing content from the most influential professional blogs in your professional sector. You will learn a lot, meet colleagues in your profession and create a network of contacts that can be very useful in the future.
But, if I am in an ERTE, can I access the training plans on offer (training courses)?
Workers affected by a temporary layoff plan (ERTE) remain linked to their company, and as such, have the right to access the training plans offered, aimed primarily at employed workers. So yes, you can access the free courses of the Ministry of Labor and Social Economy.
If you do not yet have a user account on Cursos Femxa, remember that to request a place on a free course you must register and during the registration process, select as your "employment situation" that you are an "active worker":
Select employment status within the registry