“The company does not justify in the documentation provided or accredit the concurrence of any circumstance that makes the business activity totally impossible.” This phrase justifies the Ministry of Labor of the Valencian Community, chaired by Ximo Puig, the refusal to accept the request to benefit from an ERTE of force majeure of a travel agency region of. In his opinion, therefore, it is not justified that the coronavirus, which has sunk national and international tourism, affects this company.
According to the resolution of the council, they are only obliged to close businesses such as discos, dance halls, karaoke bars and live performances, so the rest can continue with their activity, according to the Valencian executive. Therefore, a travel agency would be like a supermarket.
«We have attached supporting documentation of your situation, as well as the restrictions on travel, both nationally and internationally, but the Consellería has rejected the request “, assures his lawyer, Vicente Fernandez.
«The ERTEs that we presented in my office in March and April were all approved. There were 48 files due to force majeure. But now, it seems that the instructions that both the Labor Inspectorate and the Ministry have is to reject ERTE that have exemptions in Social Security contributions, “explains Fernández.
The reason is that, in addition to a travel agency, the Ministry of Labor has also rejected an ERTE in a company dedicated to the construction of ‘stands’ for participation in national and international fairs. The regional government alleges that “none of the resolutions issued by the governments prevent or limit the development of the company’s activity in such a way that the total involvement of the workforce is necessary “-they asked for a reduction in working hours-.
“None of the resolutions issued by governments prevent or limit the development of the company’s activity,” says the Ministry
The company’s lawyer does not leave his astonishment. “We have provided all the evidence that the company is dedicated to the organization of business fairs and also the list of events that have been canceled throughout Europe”, explains Fernández. “How is the coronavirus not going to affect the company’s activity?”he wonders. The counseling ensures that the company can dedicate itself to other things: “Being able to carry out other activities as contemplated in its constitution.”
image of the resolution of the Valencia Ministry of Labor.
“But it is that not only the events have been canceled. It is that national and international authorities, Spanish and foreign authorities have issued regulations that prevent the free movement of people and have limited their number at meetings and events that prevent the holding of national and international fairs “, explains Fernández.
The fairs scheduled from September to December of this year that have been canceled and that have been provided in the documentation include those of Spoga in Cologne, Maison & Objet in Paris, Home textiles Premium in Valencia, Hábitat in Valencia, Cersaie in Bologna, Fruit Attraction in Madrid, Orgatec in Cologne and Smarc City in Barcelona.
In effect, the restrictions in Valencia decreed by the Government of Ximo Puig include the perimeter closure of the region. This same Friday the decree that extends the closure of the community has been published Until 9 December. Thus, Valencia will be closed for more than a month at the entrance and exit of people since the first closing decree is from October 30.
This same Friday the decree that extends the closure of the community until December 9 has been published
In addition, as pointed out by the lawyer of these two companies that have seen their requests for ERTE force majeure rejected, Valencia has a curfew from ten at night and limited the number of people that can meet to six.
The most obvious consequence of the decisions of the Ministry of Labor is the dismissal of the workers of these companies or, failing that, the indebtedness of the owners to be able to continue paying the salaries that will lead to a definitive closure of the company in the short term term. The extension of the ERTE until January 31 approved by the Executive of Pedro Sánchez and Pablo Iglesias They provided help for cases like this. The Socialists have made a banner of the phrase “we are not going to leave anyone behind”, something that obviously has not happened in the case of these two companies.