Government, employers and trade unions have an agreement to prolong, until 31 May, Expedientes de Regulación Temporal de Empleo (ERTES), which were due to expire on the last day of January.
The terms for the prorogation would be very similar to those set out in RD Law 30/2020.
The agreement includes the prorogation of all Temporary Redundancy Proceedings based on reasons related to Covid-19.
The Government anticipates that companies affected by restrictions will be able to apply to the Labour Authority for the following types of ERTE:
- ERTE of limitation
- ERTE of impediment.
From now on, all communications will have to make to the competent labour authority and the employees’ representatives.
The terms and procedure would be in the same terms as those established in RD 30/2020.
From 1 February until 31 May, companies in ERTE will be able to benefit from the following exemptions:
Exonerations for impediment ERTES
Companies that are prevent from operating at a workplace due to restrictions may be exempt from social security payments during the closure period and until 31 May 2021 at the following percentages, depending on the number of employees:
- Companies with less than 50 workers: 100% exemption
- Companies with more than 50 workers: 90% exemption.
Exemptions for limitation ERTES
If a company sees its activity limited in a workplace due to measures adopted by the authorities, they will be able to exempt social security payments until 31 May. For the moment, the percentages for the month of February have been token to forward and are still to be publish:
- Companies with less than 50 workers: 100% exemption
- Companies with more than 50 workers: 90% exemption.
Exemptions for specially protected sectors
The CNAE (Clasificación Nacional de Actividades Económicas) listed by the Government and their value chain may apply exemptions according to the number of employees:
- Companies with less than 50 workers: 85%
- Companies in ERTE with more than 50 workers: 75%.
These exonerations would apply both to suspended employees and to those who have been reinstated in their jobs.
This would also include companies that have not recovered more than 70% of their activity and that have more than 15% of their employees on ERTE.
In addition to extending the ERTEs, the obligation to maintain employment under the terms of Royal Decree Law 30/2020 will be maintain.
This implies that the companies that access the new exonerations would be obliged to a new 6-month maintenance period, which would be add to the maintenance commitment previously acquired.
The prohibition on overtime or outsourcing activities for companies under ERTE is still in place.
We remind you how the obligation to maintain employment in ERTES would affect you
- If the company carried out an ERTE according to RD Law 8/2020, the maintenance of employment would be for 6 months from the moment you reinstated the first employee
- If the company requested the extension of the ERTE applying the exemptions of RD Law 30/2020 or requested a new ERTE of impediment or limitation after an ERTE of force majeure, it will be obliged to maintain employment for a new period of 6 months.
This additional 6-month period would start to run from the date on which the previous mandatory 6-month period ends. Therefore, employment must be maintain for a total of 12 months.
Inmaculada Pessini
