Extended ERTE force majeure

The persistence of the negative effects on companies and use of the health emergency caused by the COVID - 19 requires maintaining exceptional measures under the Decreto-ley Real 8 / 2020 , 17 March extraordinary urgent action to tackle the economic and social impact of COVID- 19 through its articles 22 and 23 concerning derogations and time reductions due to force majeure and causes economic, technical, organizational and production associated with the COVID- 19 as well as the extraordinary measures linked to the same in unemployment protection

In the Decreto-ley Real 30 / 2020 , 29 September of social measures in defense of employment contains the following steps:

Is extended until 31 January 2021 regulation files temporary employment (ERTE) for reasons of force majeure processed under article 22 the Decreto-ley 8 / 2020 , 17 March, which are in effect on 30 September 2020

Provides the possibility that companies to watch prevented the development of its activity in any of their workplaces, as a result of new restrictions or health containment measures taken from 1 October 2020 by Spanish authorities or foreign, and businesses to watch limited standard development activity as a result of decisions or actions taken by the Spanish authorities from 1 October 2020 processed a record of temporary employment regulation because of force majeure, whose length is limited to these new measures.

Regulation files temporary employment because of force majeure derived from the adoption of new restrictions or measures of containment from 1 July 2020 preventing the development of business will apply as reflected in the corresponding resolutions estimatorias.

Provides the possibility that from 30 September 2020 and 31 January 2021 launch ERTE por causas económicas, técnicas, organizativas o de producción vinculadas al COVID- 19 as established in Article 23 the royal decree law 8 / 2020 . Can start during a temporary regulation file employment processed on the basis of Article 22 the same Royal Decree law 8 / 2020 . If it starts after the completion of this, their date of effects are retrotraerá to the date that the file has finished.

Existing files to 30 September 2020 remain applicable in the terms laid down in the final communication of the company until the end referred to in the same, but those who completed during the life of this Royal Decreto-ley 30 / 2020 , 29 September prolongation, provided that the consultation period is agreement for this.

People affected by the ERTE regulated in Articles 22 and 23 from Decreto-ley Real 8 / 2020 , 17 March, and those that have been affected from the day 1 July, or they are from the day 1 October 2020 by regulation files temporary jobs for reasons of force majeure derived from COVID 19 as a result of the adoption of new restrictions or measures of containment (return) may perceive or continue to receive until 31 January 2021 unemployment benefit provided in subparagraph 1 to) of Article 25 from Decreto-ley Real 8 / 2020 , 17 Marchalthough lack sufficient quotations for this, provided that the start of the employment relationship or has been company pre 18 March 2020 .

Companies with workers affected by regulatory files temporary employment processed pursuant to Articles 22 or 23 from Decreto-ley Real 8 / 2020 , 17 March, which are in effect to 30 September 2020 must formulate a new collective application of unemployment benefits before the day 20 October 2020 .

Companies that procedures for temporary employment regulation by the causes under Article 23 from Right Decreto- law 8 / 2020 , 17 Marchinform the labour department its decision from 30 March 2020 , should formulate collective application of unemployment benefits within 15 days from the date of the date of legal unemployment. These people are also workers will recognize the provision under Article 25 . 1 from Decreto-ley Real 8 / 2020 maximum until 30 January 2021 although lack sufficient quote for this.

To workers affected by ERTE derived from COVID 19 on that receive contributory benefit from the day 1 October 2020 and 31 January 2021 they are subtracted from the duration of benefits accorded to subsequently whose start date is prior to 1 October 2026 .

However, there will not be that consumption to whoever accedes to a new provision before 1 January 2022 by completing a fixed-term contract or for having been dismissed for economic reasons, technical, organizational or production, or for any other reason if the dismissal is irrelevant.

The amount of the allowance will be the 70 % of the regulatory base, without prejudice to the minimum and maximum amounts of unemployment benefits, and regardless of which have been received more than 180 days of delivery.

From 30 September 2020 will not be deducted from the amount of the benefits granted to people affected by ERTE Part proportional to the hours worked in other jobs that remain in the date in which they were affected by the ERTE.

Workers affected by ERTE who have been deducted from the amount of its delivery Part proportional to the time worked in other jobs are entitled to compensation in a single payment, which may apply through the electronic site SEPE until 30 June 2021 , debiendo resolved applications until the day 31 July 2021 .