Mary CuestaSEGUIRSusana AlcelaySEGUIRMADRID Updated: Save Send news by mail electrónicoTu name *

Your email *

email *

Government, employers and unions have finally come to an agreement to extend the ERTE linked to the pandemic up to the next 30 septimebre . After some negotiations very intense, and at many times it seemed that the covenant was not going to be possible, both the trade unions and the employers were today given the green light to the last proposal, which was presented yesterday by the Ministry of Labour and includes some important advances in the sense of the demands of the entrepreneurs. The document will be approved tomorrow in extraordinary council of ministers.

Sources of the negotiation highlight the fact that there have been two key elements for bringing the positions: the maintenance of the ERTEs of force majeure for those companies that still have not returned to the activity and the possibility that businesses are forced to close again because of a resurgence of the coronavirus may be invoked again to this scheme. The CEOE and Cepyme have highlighted that there has been a reply “unanimously to the proposal, in that it presents important advances with respect to the initial proposal”.

in Addition, have emphasized that they will continue negotiating so that they can extend these schemes to the end of the year , as they have been calling for in the negotiations. “We continue to work for that in the month of September, we can address how to face the last quarter of the year, always with the shared desire by the parties to then you have recovered all the activity as possible”, have highlighted.

While the force majeure remains in some cases, the exemptions are lowered. The agreement of these ERTE in the case of regrowth, and includes exemptions for the 80% for companies with fewer than 50 workers and 60% for those that exceed this template. Equally, those companies that have not recovered the activity may continue to received also to the mode of force majeure, but the exemptions, ranging between 70%, 60% and 35% in July , August, and September for the firms with less than 50 employees. For larger companies that continue to enjoying this mode, exceptions will be 50%, 40% and 25% throughout the summer months.

These terms are less generously that the ones that were currently in force, which included a rebate of 100% for companies with less than 50 employees and 75% for those over 50, but it improves the latest proposal of the Government, in which they were exiling fully ERTEs of force majeure totals.

The document also allows for the validity of dossiers of force majeure partial , as well as those linked to economic, technical, organisational or production (the so-called ETOP) linked to Covid. In these cases, companies with fewer than 50 workers will have access to a few exemptions of 60% for employees that have been reactivated and 35% for those who follow in ERTE. While exceeding this number in your template will have a rebate of 40% for employees who have returned to work and 25% for those who remain suspended.

The FATE for objective reasons they happen to have exemptions in the dues of the workers, something that previously only applied to a force majeure. Pursued with this that serve as a bridge to that activity again reactivated even if you have already completed the state of alarm. In addition, although the Government has agreed to keep the FATE of force majeure, total and partial, any modification done in terms of new additions or extensions to day will involve the transit mandatory to a FATE of objective causes.

The conditions for the workers remain unchanged until 30 September. That is, unemployment benefits will continue to be granted without having to comply with the period of lack and involve the “counter to zero”, with the exception of workers ‘ fixed-discontinuous, for those who will last until the 31 of December.

Without the possibility of hiring

In the rest of the proposals of the Executive there are no new developments. Companies in ERTE will not be able to hire not be the formation, training their workers to prevent them from doing the necessary tasks. In addition, if this is the case, it shall inform the legal representatives of the workers of these contracts. This limitation will last as long as the FATE is still in effect. Also maintains the prohibition to avail of these schemes to the companies that are domiciled in tax havens , or dividends in the fiscal year in which they apply the ERTE.

This item may ignore if the business enter the amount corresponding to the exemptions to be enjoyed by all, so that also affects the FATE for objective reasons linked to the Covid. Excluded from this limitation that the companies as at 29 February this year, had less than 50 workers on staff.