The Government has presented a proposal to extend Ertes to the social agents in the context of the Covid health crisis. The exceptional labor measure will be extended until January 31, 2022, in general for all workers in Erte regulated in the previous Royal Decrees.
However, it will not occur automatically, but companies must expressly request it before October 10, including the request for unemployment benefits for workers. The administration will then have a period of 10 days to resolve the request. In case of non-resolution, the request for extension will be understood as rejected. This point, that of negative silence, has generated a lot of controversy and creates confusion with the automatic extension that must occur at the time of the request.
The maintenance of the exemptions from social security contributions is linked to the fact that the company undertakes training actions aimed at workers affected by the Erte, between October 1 and June 30, 2022. From UGT, they point out that these training actions “have raised doubts about their application, execution and financing”.
The general secretary of the CCOO, Unai Sordo, for his part, believes that this is not the time to link them to training in a renewal designed for four or five months, since where this measure should be introduced is in the structural mechanism that will replace the ERTE and that It is part of the labor reform package.
“Sometimes a good idea put on the table out of time becomes a bad idea (…) I have certain doubts that the administration itself is in a position to guarantee coherent training plans for the fourth million people who remain in ERTE and this idea, which is strategically good for structural ERTEs, if we bring it to the fore ahead of time, it can generate frustration and problems in maintaining ERTEs until the end of the pandemic,” he explained.
Exemptions and proposals
The exemptions are unified maintaining 100% for impediment ERTEs and 50% for companies with less than 50 workers in limitation ERTEs and 40% for larger companies. All situations, CNAEs, of the previous Royal Decree are extended. Discontinuous fixed situations are also extended within this proposal.
On the part of the UGT, the need to update the counter to zero of the unemployment benefits of the people affected by the ERTEs has been reiterated.
On the part of the Government, the UGT proposal to regulate the situation of the people affected by the volcano on the Isla de la Palma has been accepted, although the benefits should be extended to the whole of the Canary Islands that have been affected by the eruption.
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