Millions of people have been affected by an ERTE during the pandemic. One of the big questions these workers ask themselves, now that the summer season is here, is know what happens to your vacation. The answer is that, while the file lasts, if it is complete the employee will not generate the right to have rest days.
Although if the ERTE is reduction of working hours, the days off corresponding to each affected will remain intact. In case they are enjoying them when the file is applied, they are considered interrupted Due to the temporary suspension of the employment contract and only the days enjoyed until said suspension becomes effective.
If they were set in the calendar, but due to the health crisis you cannot travel, the holidays are not postponed, since if they were approved and the activity of the company has continued, there is nothing that forces the change of the vacation period.
In the event that vacations could not be enjoyed in the corresponding calendar year due to the extension of the ERTE, the company must temporarily remove the workers from the file so that they can take them, paying them their usual salary and contributing for it while the vacation period lasts.
You also don’t pay extraordinary
The right to receive extraordinary payments is generated for each day worked, and the amount is proportional to the time spent. Thus, extra payments are also affected for this situation, and While the temporary employment regulation file lasts, the employee will not earn them. In any case, for the calculation of the SEPE benefit, the proportional part of the extra payments that was generated before the opening of the file is already taken into account, so they are included in the amount to be received. When the ERTE is partial, the extra payments are reduced in proportion to the new working day.
Extension until the end of September
Work and social partners They reached an agreement to extend the files until September 30. A pact was reached for gradually reduce Social Security quota exemptions as workers regain their jobs.
In addition, the prohibition to use ERTE for companies that are located in tax havens or that distribute dividends, unless they return to Social Security the amounts that have been saved with the exemption of the payment of quotas.