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Support measures for companies affected by damage caused by adverse weather phenomena: February 2026 floods
Companies affected by the floods that occurred in February 2026 in certain municipalities of Andalusia and Extremadura may request a Temporary Employment Regulation File (ERTE) due to force majeure or for economic, technical, organizational, or production reasons (ETOP) for their workers, as set out in Article 47 of the Workers' Statute.
The measures that can be adopted are the temporary suspension of the employment contract or the reduction of the workers' working day.
Who requests the force majeure or ETOP ERTE benefits?
It is the companies in Andalusia and Extremadura that have been affected by the February 2026 floods that must carry out the relevant communications regarding the ERTE and the collective application for benefits for their workforce.
The applications that companies must carry out are the following:
- First, they must present the ERTE before the Labor Authority.
If it is an ERTE derived from force majeure, it must be previously approved by it. If it is an ERTE for economic, technical, organizational, or production reasons (ETOP), it must be communicated to this same authority. - Second, they must submit a collective application for the affected workers and present it to the SEPE through its Electronic Headquarters, once the force majeure ERTE has been approved or the ETOP ERTE has been communicated.
If no response has been received from the Labor Authority regarding the force majeure ERTE within 5 days, it will be considered approved by positive administrative silence, and the collective application for benefits may be submitted to the SEPE.
How should companies carry out the collective application for force majeure or ETOP ERTE benefits before the SEPE?
Once the flood-ERTE has been approved by the Labor Authority or after 5 days by positive silence, or after communication of the ETOP ERTE, companies, for the recognition and payment of benefits, will carry out the following communications at the SEPE Electronic Headquarters.
- Submission of the COLLECTIVE APPLICATION in the official Excel template published on the SEPE website, under Companies/Certific@2, Collective Application Submission service for the recognition of ERTE benefits due to natural disasters (October 2024 DANA and February 2026 floods).
- Prior transmission of the ACTIVITY CALENDAR for monitoring by the Labor and Social Security Inspectorate (ITSS) through the service Companies/Certific@2/ Prior transmission of data on collective dismissals, suspension of the employment relationship, and reduction of working hours provided for in Order ESS/982/2013.
- Submission of the ACTIVITY PERIOD FILES (XML) monthly through the service Companies/Certific@2/Communication of Activity Periods, as reported in the basic processing guide provided on the SEPE website and electronic headquarters.
The deadline for the submission of the collective application will be one month, to be calculated from one of the following dates:
- In cases of force majeure ERTE, from the date of notification to the company of the labor authority's resolution confirming the force majeure, or, where appropriate, from the date on which the application is understood to be approved by administrative silence.
- In cases of ETOP ERTE, from the date of the company's communication to the labor authority of its decision to adopt the temporary measure in question.
If it is submitted after the deadline, the right will begin on the day of the application. In this case, the company must pay the affected persons the amount they would have received as unemployment benefit from the first day the measure of suspension of the contract or activity, or reduction of working hours, was applied, until the day before the submission of the collective application.