Let's talk about ERTE and the rights and duties of workers

In this article we will focus on issues related to temporary employment regulation proceedings, ERTO, and workers ’rights and duties.

Can I hire a part-time worker, even though I have been hired for the entire day?

Yes. One of the essential requirements to proceed with the total or partial reinstatement of a worker to work is to make the corresponding communication to the State Public Employment Service, SEPE. It is also very important that you notify us 24 hours in advance of the additions and variations in relation to everything that has to do with the ERTO, in order to carry out the corresponding procedures. We remind you that it can only be reduced between 10 and 70 percent of the total contracted day.

What is the situation of workers' holidays?

During the time that has been with the contract suspended by the ERTO the worker does not generate right of vacation.

Will the worker be entitled to extraordinary bonuses, "extra pay"?

Yes. Although during the time he has been with the contract suspended by the ERTO the worker does not generate a proportional part of extra payments.

Does the worker contribute during the ERTO?

Yes. He will continue to contribute as he did before the application of the file.

If an employee is on leave or on leave at the time the ERTO is applied, does the record also affect him or her?

Yes. As long as there is a situation with the right to reserve your job. However, the worker on leave due to temporary disability or leave of absence will only be affected by the ERTO when he or she is discharged again.

Can workers affected by an ERTO with reduced working hours work overtime?

During an ERTO of reduced working hours, it will not be possible to work overtime, except for those of force majeure.

Can workers be fired?

No. And so it is established in general, "employment safeguard," in the Royal Decrees of State of Alarm. RD 8/2020 of 17 March has provided that companies that take advantage of extraordinary measures to suspend contracts or reduce working hours are required to make a commitment to maintain employment for the six months following the application of the measures. On the other hand, Royal Decree Law 18/2020, of 12 May on social measures in defense of employment, establishes the company's commitment to maintain employment for a period of six months from the date of resumption of the activity, meaning the reinstatement to effective work of people affected by the file, even if this reinstatement is partial or only affects part of the staff.

When is the “employment commitment” considered unfulfilled?

This commitment will be deemed to be breached if the contracts of any of the persons affected by these files are dismissed or terminated.

This commitment will not be considered incomplete when the employment contract is terminated due to disciplinary dismissal declared as appropriate, resignation, death, retirement or total, absolute or severe permanent disability of the working person, or for the end of the call of the people with a fixed-term contract, when this does not mean a dismissal but an interruption of the same. However, in the case of temporary contracts, the commitment to maintain employment will not be understood to be incomplete when the contract expires due to the expiration of the agreed time or the performance of the work or service that constitutes its object or when it is not. the activity subject to contracting can be carried out immediately.

What are the effects of this breach?

Companies that fail to comply with this commitment must reimburse the full amount of the exempt contributions, with the corresponding surcharge and default interest, in accordance with the provisions of the Social Security collection rules. And once the Labor Inspectorate and the Social Security prove the non-compliance and determine the amounts to be reimbursed

If you need more information do not hesitate to contact DATA and SERVICES.