ERTEs due to force majeure due to the coronavirus pandemic expire next September 30, although the Ministry of Labor and Social Economy has already opened the door to extend them in various sectors. Despite this, some companies have decided to gradually reincorporate their employees to work, with the same schedule and responsibilities than before. The law does not require them to communicate this return to work in a minimum time, although it does it is necessary to report it formally.
Formal communication is also necessary to modify a total ERTE for another one with a shorter working day. If a company wants to remove workers from an ERTE, there are a series of phases. In the event that the file has been processed before the Ministry of Labor, it is necessary to carry out the procedures in your virtual headquarters, while the autonomous communities have their own procedure. Once a worker is no longer affected by an ERTE, cannot be included in it again, and it would be necessary to carry out another.
It is not possible to refuse to return
Once the company decides to resume work, either face-to-face or telematic, the employee cannot refuse to do it, since it is bound by contract. A judgment of the Superior Court of Justice of Madrid convicted a worker who had refused to join your company before the stipulated time, understanding that he had no legal reason to do so.
There are, however, a number of exceptions in which, although return to work cannot be rejected, yes you can adapt the conditions. If a worker has to take care of a minor or dependent family member, or if he / she suffers from any type of illness related to COVID-19 that makes it difficult for them to return, they can request an adaptation or reduction of the working day that can reach 100%.