RDL 18/2021 of 28 September – Automatic extension of ERTES

Automatic extension. According to RDL 18/2021 of the 28th of September, on urgent measures for the protection of employment, economic recovery and improvement of the labour market, the ERTEs in their current modalities are extended until 31/10/2021 without the need to carry out any formalities.

Conten Table

extension erte

It is published in the BOE the RDL 18/2021 on the 28th of September, of urgent measures for the protection of employment, economic recovery and improvement of the labour market that establishes the automatic extension of ERTES.

According to this publication, the ERTEs in their current modalities are extended until 31/10/2021 without the need to carry out any formalities.

New ERTEs as of 1/11/2021

In order to continue applying the measure from 1 November, a new application must be made to the Labour Authority (Generalitat de Catalunya) between the 1st and 15th of October 2021. This application must include a report with the list of hours and days of suspension or reduction of working hours for each worker affected by the ERTE during the months of July, August and September 2021.

In the case of an ERTE for ETOP causes, a report from the workers’ representatives with whom the measure was initially negotiated shall be included.

The Labour Authority must issue a resolution within 10 days, and administrative silence will be in favour of the application. Of all the applications received, the file will be sent to the labour inspectorate so that they can be examined.

New ERTEs adopted under this procedure will be valid until the 28th of February 2022.

To initiate a new ERTE of a restrictive or preventive nature, it must be based on new measures by the competent authorities limiting or preventing the company’s activity taken between 1/11/2021 and 28/02/2022.

It will be possible to change from a restrictive ERTE to an impeditive ERTE and vice versa, provided that the labour authority and the Social Security are duly notified by means of a declaration of responsibility.

Companies that have an ERTE due to force majeure in force on 31/10/2021 may process an ERTE due to ETOP causes during its validity.

Exemptions in TGSS contributions

The training of workers who are still affected by an ERTE is promoted, so that companies that offer training activities will be able to access greater exemptions in Social Security contributions.

In addition, companies that train people affected by an ERTE will be entitled to an increase in the credit for financing training activities according to their size:
– From 1 to 9 workers: 160 euros per person
– From 10 to 49 employees: 240 euros per person
– 50 or more employees: 320 euros per person

A minimum number of hours of training is established for each worker:

  • Companies with 10 to 49 employees: 30 hours
  • Companies with 50 or more employees: 40 hours
  • These activities must be carried out during the suspended working day.
  • The contribution exemption percentages will be as follows as of the 1st of November:

Restrictive ERTE / ERTE of companies in sectors with a low rate of recovery of activity / companies transitioning from ERTE due to force majeure to ERTE due to ETOP causes:

  1. Companies with 10 or more workers:
    1. 80% with training actions
    2. 40% without training actions
  2. Companies with less than 10 workers:
    1. 50% without training actions
    2. 80% with training actions
  3. Preventive ERTE: 100%

Unemployment of affected workers

The company must make a collective application for all workers affected by an ERTE between 1/11/2021 and 19/11/2021, or if the ERTE application is made after the 1st of November, within 15 working days from the date of notification of the Labour Authority’s decision, or from the date of effect of the positive administrative silence.

The amount of the benefit will be 70% of the regulatory base.

The company must continue to notify the workers’ periods of activity in arrears.

Discontinuous permanent workers affected by ERTE will continue to be entitled to an extraordinary benefit after the end of their usual period of activity.

Accompanying measures

Workers affected by ERTE will continue to benefit from the exemption from the qualifying period for access to unemployment benefit, and also from the so-called “zero counter”, which is extended until the 1st of January 2023.
Benefits are maintained for those affected by ERTE with a part-time contract.
The commitment to maintain employment will be extended with a new additional period of 6 months. No overtime may be worked; nor may the company hire new employees or outsource services, or distribute dividends during the fiscal year in which the ERTE is in force.

The interruption of the computation of temporary contracts of workers in ERTE is also maintained.

If you have any doubts or would like us to review your case, please contact us.

Photo by Lukas Blazek on Unsplash

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