Que es el ertes laboral
last-minute ertes
For his part, Díaz specified that the financing of the training actions –which will have between 30 and 40 hours and must be carried out before June 30, 2022– will be done through the current subsidized systems of training for employment.
The Council of Ministers also approved yesterday the increase of 15 euros in the minimum interprofessional wage to 965 euros per month in 14 payments. Díaz suggested that he intends to increase it again by January 2022: while the leader of UGT, Pepe Álvarez, threatened yesterday that if by that date the minimum wage does not rise to 1,000 euros, this union “will not sign any more agreements with the Government”.
Finally, the ministers have recalled that the Government has also extended until the end of February the MECUIDA plan, which makes it easier for workers to adapt the working day to care for children and family members. And the aid to professionals of artistic activities created by the pandemic has also been extended until that date.
erte in english
An Employment Regulation File (ERE) is an administrative procedure that the employer must follow in order to adopt a series of employment regulation measures, whether they are a reduction of working hours, suspension or termination of employment contracts, when certain causes concur and guaranteeing the rights of the workers.
It is up to the company to decide on the application of measures for the suspension of contracts or reduction of working hours. The company must inform the workers’ representatives and the labor authority of such decision.
There is an ERTE for reduction of working hours when there is a temporary reduction of between 10% and 70% of the working day calculated on the basis of the daily, weekly, monthly or annual working day.
In the event of a reduction in the working day, the specific periods in which the reduction will take place will be determined for each of the affected workers, as well as the working hours affected by the reduction, during the entire period of its validity.
erte until when 2021
In times of seemingly circumstantial difficulties, many companies wonder if it would be possible to temporarily reduce their labor costs. The ERTE allows this temporary adjustment but it is important to be aware of its implications.
The question arises as to whether it is possible to do without part of the workforce, or reduce their working hours, for a few months and then reinstate them in the same jobs when the economic context improves.
This procedure is limited to a duly limited period of time, at the end of which the company is obliged to recover the contractual conditions prior to the implementation of the ERTE, as well as to maintain the jobs of the employees who have been affected.
The application of the ERTE is limited to circumstances of force majeure, which is why the approval of a Royal Decree-Law recognizing the exceptional situations in which it is lawful to resort to this mechanism is mandatory.
erte covid
It is regulated by Article 47 of the Workers’ Statute and the company may suspend the employment contract or reduce the working day for various reasons: economic, technical, organizational, production or force majeure.
A) Companies belonging to sectors with a high number of ERTEs and a low rate of recovery of the activity, considered as “especially affected”, included in any of the codes of the National Classification of Economic Activities (CNAE). In this case, access to exemptions is AUTOMATICALLY recognized.
B) Companies integrated to the value chain of the companies of letter A), which implies that at least half of the direct turnover of 2019 were operations with sectors included in any of the codes of the National Classification of Economic Activities provided in the Annex of RDL 30/2020.
Companies under letter B) must submit a request for declaration as a dependent company or member of the value chain between October 5 and 19. The labor authority will issue a resolution within 5 days, following a report from the Labor and Social Security Inspection.