All exempt contributions will be required, not just those of those dismissed
Until now it had not been specified that this refund was per company.
Inspection has detected 2,859 violations out of a total of 21,642 files
The General Directorate of Labor has indicated that companies covered by an ERTE that fail to comply with the commitment to maintain employment for six months after resuming activity must return all exempted contributions and not only those of those dismissed.
This criterion, included in an information note from the Labour Inspectorate, indicates, in light of some doubts raised, that all aid must be reinstated "regardless of the number of workers affected by the non-compliance" with the employment safeguard.
In this note, the General Directorate of Labor informs the Inspection that, from the law, it cannot be deduced that this reimbursement covers only the amount of the exemptions corresponding to the worker who is dismissed.
In March, a "job protection" clause was established that obliges companies to maintain their workforce, with some exceptions, for six months after resuming activity following an ERTE (temporary furlough scheme) and which has been maintained in each extension of this job protection mechanism during the pandemic.
Non-compliance, that is, dismissals before this deadline, which begins with each ERTE requested by the company, entails "reimbursing the full amount of the contributions from whose payment they were exonerated, with the corresponding surcharge and late payment interest," states the March royal decree.
According to sources familiar with the legislation, until now it had not been specified whether this repayment was per company, i.e. for all aid, or only for workers affected by a dismissal, so this would be a "harsher" interpretation of the law.
For experts in the field, this interpretation violates the principle of proportionality and ignores the fact that not having a punitive character does not give carte blanche to impose disproportionate consequences.
Companies that have benefited from ERTE during this pandemic have seen their Social Security contributions reduced by varying percentages, reaching up to 100% in some cases, with a scheme that has varied with each extension.
Nearly 2,900 violations against companies
On the other hand, and according to data from the end of November, the Inspection has detected 2,859 infractions in ERTE out of a total of 21,642 completed files, which represents 13 %. In total, there are 31,142 open files for fraud in ERTE and the sanctions imposed are close to 13 million euros.
In a response from the Government to the socialist senator Miguel Ángel Heredia, it is detailed that of these nearly 2,900 infractions, Andalusia is the community with the highest number, with 563; followed by the Valencian Community with 455; Catalonia, with 297; Madrid, with 281; and the Canary Islands, with 250.
At the end of November, there were 746,900 workers affected by an ERTE throughout Spain.
Source: EFE
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