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\nIn ERTEs companies will not be able to work overtime, hire or distribute dividends and will be able to take advantage of force majeure if there are outbreaks.<\/h2>\n
Exemptions are contemplated in the social contributions of workers of companies in ERTEs as in the quotas of self-employed workers.<\/h2>\n
<\/p>\n<\/blockquote>\n
The Council of Ministers will approve this Friday in an extraordinary meeting the extension until September 30 of the temporary employment regulation files (ERTEs) associated with Covid-19 and the extraordinary benefit for self-employed workers whose activity has been reduced by the crisis .<\/p>\n
Both extensions are the result of the negotiations that the Government has held, in the first case, with CCOO, UGT, CEOE and Cepyme and, in the second, with the self-employed organizations ATA, UPTA and Uatae.<\/p>\n
In the Royal Decree-Law for the extension of ERTEs, two measures stand out: the maintenance of total force majeure ERTEs for companies that have not yet returned to activity and the possibility that companies that are forced to close new due to a resurgence of the coronavirus can benefit from these procedures.<\/p>\n
To the total force majeure ERTEs currently in force (those that have all their workers suspended from employment) an exemption will be applied to the business contributions of 70% in July, 60% in August and 35% in September in the case of companies with less than 50 workers. For companies with more than 50 employees, the fee exemption will be 50% in July, 40% in August and 25% in September. These percentages are lower than those established until June 30, which were 100% for companies with less than 50 workers and 75% for those with more than 50, but in exchange this figure does not disappear with the arrival of June 30.<\/p>\n
In the case of companies that are currently active but are forced to close as a result of a resurgence of the virus, they will be allowed to benefit from a total force majeure ERTE, which would have a fee exemption for 80% companies if Its workforce is less than 50 workers and 60% if it has more than 50 workers.<\/p>\n
For partial force majeure ERTEs (those in which there are already workers returned to their jobs, but not all) and ERTEs due to objective causes (technical, organizational, economic and production), the exemptions for companies would be the same: For companies with less than 50 workers, they would reach 60% for workers who returned to activity and 35% for those who remained in the ERTE, while for those with more than 50 workers they would be 40% for each worker who returned to work. position and 25% for the one who remained in the ERTE.<\/p>\n
ERTEs due to objective causes would thus have quota exemptions, previously only applicable to ERTEs due to force majeure. The objective is to facilitate the transition from the second to the first now that the state of alarm has ended. Thus, companies and entities affected by force majeure ERTEs must proceed to reinstate workers, prioritizing adjustments in terms of reduction of working hours.<\/p>\n
Unemployment benefits associated with ERTEs (which are granted without the need to complete the waiting period and which imply a 'zero counter') will be maintained until September 30, except for those for discontinuous permanent workers, which will last until September 31. from December.<\/p>\n
COMPANIES IN ERTES WILL NOT BE ABLE TO HIRE<\/h3>\n
The rule will prohibit companies in ERTEs from carrying out overtime, establishing or resuming outsourcing of the activity and concluding new contracts, whether directly or through a temporary employment company (ETT).<\/p>\n
Companies in ERTE may only hire or outsource tasks if the workers in their workplace cannot, due to training, qualifications and other objective or justified reasons, perform the functions entrusted to the employee being hired or to the outsourcing. To do this, the company must previously inform the legal representatives of the workers.<\/p>\n
This prohibition, which will last as long as the ERTE is in force, would apply to both force majeure ERTEs and ERTEs due to objective causes and sanctions in case of non-compliance.<\/p>\n
The new regulation that is in place until September extends to ERTEs for objective reasons the prohibition of using this procedure if the company is domiciled in a tax haven. Nor will it be able to distribute the dividends corresponding to the fiscal year in which the ERTE is applied, unless the company in question previously pays the amount of the exemptions enjoyed (these measures were previously applied only to force majeure ERTEs). The limitation on the distribution of dividends will not apply to companies that, as of February 29 of this year, had fewer than 50 employees on staff.
At the same time, the commitment to maintain employment for six months is extended to companies that carry out ERTEs for objective reasons. For companies that benefit for the first time from the contribution exemptions associated with these ERTEs, the six-month period in which they will be obliged to maintain employment would be computed from when the new decree comes into force.<\/p>\nThe rule will maintain until September 30 the "prohibition" established by the Government on dismissal for objective reasons, which in practice means increasing the compensation to 33 days per year worked, compared to 20 for appropriate dismissals.<\/p>\n
At the same time, the suspension of temporary contracts, including training, relief and interim contracts, is also maintained until September 30, which means de facto extending these contracts even if the employer wants to terminate them.<\/p>\n
SELF-EMPLOYED BENEFIT<\/h3>\n
The Council of Ministers will also approve this Friday the extension until September 30 of the extraordinary benefit for self-employed workers that was enabled in mid-February for those who had considerable income losses.<\/p>\n
The measures that will come to light today include an extension of the exemption from Social Security contributions for the self-employed who were receiving the extraordinary benefit, which included financial aid and an exemption from contributions. Thus, these workers will not pay the July fee and will have an exemption from 50% in August and 25% in September.<\/p>\n
On the other hand, beneficiaries of the extraordinary benefit may request the ordinary benefit for cessation of activity, as long as they prove a reduction in the 75% invoice for the third quarter of this year compared to the same quarter of the previous year.
To do this, it will not be necessary to wait for the end of the quarter, but rather they will be able to request the ordinary benefit when they consider that they meet the requirements and provide documentary evidence once the quarter ends.<\/p>\nIn addition, a benefit is included for seasonal self-employed workers, those who are active from July to September, which is equivalent to what the self-employed have had since the beginning of the state of alarm.<\/p>\n
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Companies on furlough leave (ERTEs) will not be allowed to work overtime, hire, or distribute dividends, and may invoke force majeure if there are new outbreaks. Exemptions are being considered for social security contributions for workers in companies on furlough leave (ERTEs) as well as for self-employed contributions. The Council of Ministers will approve this Friday in a [\u2026]<\/p>","protected":false},"author":2,"featured_media":119972,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-120218","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-noticias"],"_links":{"self":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/120218","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/comments?post=120218"}],"version-history":[{"count":2,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/120218\/revisions"}],"predecessor-version":[{"id":120221,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/120218\/revisions\/120221"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media\/119972"}],"wp:attachment":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media?parent=120218"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/categories?post=120218"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/tags?post=120218"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}