The ERTE in force will be automatically extended<\/strong>, the workers included in them maintaining their right to receive benefits, the amount of which will amount to 70% of the regulatory base.<\/p>\nIf the automatically extended ERTE belong to any of the 42 activities that the decree considers to be most affected by the pandemic, they will also have the right to exemptions in business contributions from 85% for each month of the period October 2020-January 2021 in the event that As of February 29 of this year, the company had less than 50 employees on staff, and 75% had more than 50 employees. These exemptions will apply to both workers who remain in the ERTE and those who leave.<\/p>\n
The rule, the result of an agreement with social agents, considers companies most affected by the pandemic to be those that have recovered less than 65% of workers from the ERTE and that have more than 15% of regulated people out of the total number of affiliates in a specific CNAE. to the General Regime. In total, the list includes 42 activities, including hotels, air and sea transportation, and shows.<\/p>\n
In addition to the ERTE for these activities, those companies that are part of their value chain or whose business depends mostly on the 42 activities established in the standard may benefit from these exemptions from 75% and 85%.<\/p>\n
It will be understood that they are members of the value chain or indirectly dependent on them, the companies whose turnover, during 2019, has been generated at least in a 50% in operations carried out directly with those included in any of the CNAE codes. 09 referred to in the standard, as well as those whose actual activity indirectly depends on that actually carried out by the companies included in said codes.<\/p>\n
The declaration of dependent companies or members of the value chain must be requested before the labor authority.<\/strong> that had issued the express or tacit resolution of the ERTE that is in force, duly accrediting the aforementioned circumstances, between October 5 and 19.<\/p>\nThese exemptions may also apply to companies that transition from an ERTE due to force majeure due to Covid to one due to economic, technical, organizational and production causes (ETOP) whose activity is classified in one of the sectors included in the standard, or to those that have been qualified as members of the value chain who also make that transition. They will also apply to companies that are in an ERTE for economic, organizational, technical and production reasons (ETOP) if they are part of the 42 activities covered by the standard.<\/p>\n
These exemptions will be incompatible with those established for the two new ERTE figures that are created in the decree and that come to replace the so-called 'ERTE of regrowth', which were established in the previous extension.<\/p>\n
New ERTE for impediment and limitation of activity<\/h3>\n
In the case of these two new ERTE modalities, which companies from any sector and activity may benefit from, two types are distinguished: ERTE due to activity impediment<\/strong> as a consequence of restrictions adopted by Spanish and foreign authorities (for example, nightlife companies), and activity limitation ERTE<\/strong>, intended for companies that see their activity altered when a local, regional or state authority limits, for example, capacity and schedules.<\/p>\nThese activity limitation ERTEs will be accompanied by high business exemptions from fees, to be applied from October to January, for workers with suspended activities. Specifically, if the company had fewer than 50 workers on February 29 of this year, the exemptions will be from 100% in October, from 90% in November, from 85% in December and from 80% in January. If it had more than 50 workers, the percentages reach 90%, 80%, 75% and 70%, respectively.<\/p>\n
For their part, ERTEs that prevent activity (closing by decision of the authorities) will have exemptions from 100% if the company's workforce was less than 50 workers in February of this year and from 90% if this figure was higher.<\/p>\n
The rule maintains the limits imposed in the previous extension of the ERTE: while this is still in force, overtime, activities outsourced or new direct or indirect hiring cannot be carried out except in justified cases.<\/p>\n
Likewise, companies domiciled in territories considered tax havens will not be able to benefit from them and companies will not be able to distribute dividends in the fiscal year in which the ERTE is applied, unless they return the exemptions enjoyed.<\/p>\n
The commitment to maintenance of employment for six months,<\/strong> to which is added a new commitment of another six months. Thus, the companies that receive the new exemptions included in this extension of the ERTE will be committed to a new period of six months of safeguarding employment, although if they were affected by a previous commitment, the new six-month period will begin to count once. said prior commitment has ended.<\/p>\nThe "prohibition" on dismissal for objective reasons and the suspension of temporary contracts, including training, relief and interim contracts, are also extended until January 31, 2021.<\/p>\n
Social protection: new benefit for discontinuous permanent employees<\/h3>\n
The text contemplates that Unemployment benefits associated with ERTE will also be maintained until January 31<\/strong>. Companies affected by this new extension and those that are applying an ETOP must make a new collective application for unemployment benefits before next October 20.<\/p>\nThe amount of the benefit will be 70% of the regulatory base even if six months elapse from its receipt (thus preventing them from falling to 50% of the regulatory base) and the 'counter to zero', which rises from 180 to 196 days, will be extended until January 1, 2022.<\/p>\n
Likewise, the standard improves the protection of discontinuous fixed assets and fixed and periodic jobs<\/strong> that are repeated on certain dates, who will have access to an extraordinary benefit.<\/p>\nIn addition, financial compensation is established for those workers in ERTE who have seen their benefit reduced in proportion to their working time due to having one or more part-time employment relationships at the time of recognition.<\/p>\n
As of the entry into force of this decree, if the receipt of the unemployment benefit associated with the ERTE is compatible with the performance of part-time work not affected by suspension measures, the amount of the benefit will not be deducted. part proportional to the time worked.<\/p>\n
For those workers included in ERTE who are not beneficiaries of unemployment benefits for whom the company does not have the obligation to contribute, the period of suspension or reduction of working hours will be considered as actually contributed, taking the contribution base as that of the previous six months.<\/p>\n
Another novelty of this extension is that ERTE workers will have priority to access the training initiatives of the vocational training system for employment.<\/p>\n
[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>","protected":false},"excerpt":{"rendered":"
The Official State Gazette (BOE) published this Wednesday the Royal Decree-Law extending temporary employment regulation (ERTE) and aid for self-employed workers affected by the pandemic until January 31, 2021, approved yesterday by the Council of Ministers. Companies with current temporary employment regulation files [\u2026]<\/p>","protected":false},"author":2,"featured_media":120199,"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-120334","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\/120334","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=120334"}],"version-history":[{"count":2,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/120334\/revisions"}],"predecessor-version":[{"id":120338,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/120334\/revisions\/120338"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media\/120199"}],"wp:attachment":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media?parent=120334"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/categories?post=120334"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/tags?post=120334"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}