Companies covered by a Temporary Employment Regulatory Records (ERTE) force majeure are required to maintain employment for six months. However, those that have risk of entering bankruptcy.
This is how it appears in the text of the agreement, as Bolsamanía has learned, which has been signed by the Government together with CEOE, UGT, CCOO and Cepyme and by which it is established that ERTEs of force majeure are extended until June 30. A bankruptcy situation in which a large number of companies will be found as a consequence of the crisis caused by the limitations to the activities approved to face the Covid-19 pandemic.
For its part, for the rest, the obligation to maintain employment for six months from the incorporation into effective work of people affected by the ERTE, even when it is partial or only affects part of the workforce, will be considered breached if they are fired. to any worker affected by the ERTE, although with exceptions, such as the appropriate disciplinary dismissal, resignation, death, retirement, total, absolute disability or great invalidity and termination of a temporary contract due to the end of its term or the end of the work or contracted service.
It should be noted that not all companies will be able to take advantage of the extension of the ERTE until June 30, since criteria such as having their domicile in a country classified as a tax haven will make them unable to avail themselves of this mechanism. Neither will they be able to distribute dividends during the fiscal year in which they have applied the ERTE if the companies request to extend their files. If they want to do so, they will have to return the money corresponding to the exemption applied to Social Security fees. Of course, this limitation will not be applicable to companies that, on February 29 of this year, had fewer than 50 workers.
The agreement also contemplates that the unemployment benefits associated with the ERTE, which are granted without the need to fulfill the grace period, will remain until June 30, except for those of the fixed-discontinuous ones, which will be applicable until the 31 of December. Likewise, as a result of the lack of confidence, the transition from force majeure to ERTE for organizational, technical, economic or production reasons will be facilitated and the latter will be allowed to be processed while the former are in force.
GO BEYOND JUNE 30
If after June 30 there are sectors that are still affected, the ERTE will be extended and the workers will be protected, “said the Minister of Labor, Yolanda Díaz, on Friday. This means that a commission will be created consisting of Government and social agents that will study its extension by sectors from July.
It will act as a “validation mechanism for the sectors that need help once the alarm state is triggered”. It will be held biweekly and the sectors will be examined “in a more patterned way” in order to perceive how they are, taking into account, through “very detailed” work, the economic data and their activity. “We are going to be watching cautiously sector by sector and we will be adapting to their needs,” said the minister.