Is the extension of the ERTE until May 31 enough for the sector?


“There was no other than to extend the ERTE, otherwise it would be an absolute barbarity and all the effort made at an economic level by the Government and companies since last year would have been of no use,” says Fernández de Alarcón, who nevertheless sees this extension until May 31 “insufficient”.

Tourists in a hotel.

In this sense, he points out that it is more than likely that the season will not come in the same terms as in 2019 and warns that the staff structures are those planned for that year.

“By having fewer tourists the same workforce structure is not required, perhaps we can reactivate an important part of it perhaps from June or July, but not the whole and therefore the ERTE is a good instrument for that remain in force until the end of the year “, he defends

Likewise, these protection schemes affect discontinuous fixed ones, which also have special treatment in the regulations. “We must not forget that they have to call them on June 1,” recalls the Monlex partner, who warns that companies may find themselves in a situation “a bit of a limit” because they may not be able to reinstate all their workers.

Along these lines, Fernández de Alarcón urges not to wait for May to act: “We must provide these options to give peace of mind to companies and workers”, claims.

“We know that there will be a season opening, but it will not be a season like 2019 at all, among other things because it has not been possible to market it. Right now, the 2022 season can be better marketed than the 2021 season. Faced with this situation, the question It is necessary to foresee it already because the companies will not be able to absorb all the employees as of June “, abounds

In this regard, the Monlex partner makes a recommendation to companies in the sector: “I would suggest that you meet with your advisors to take this forecast into account as of June 1, because it is more than likely that there will not be another extension like the ones we have seen so far, “he warns.

How are the ERTEs?

In this situation, how does this protection scheme look? The norm distinguishes in the first place those companies that are already holders of an ERTE due to force majeure, impediment or limitation.

“They will not have to process a new file before the labor authority to obtain these exemptions, but it will be enough, this is a novelty, with which they send a communication about the extension to the labor authority that issued the resolution that authorized them to ERTE and to the representation of workers to access these benefits “, explains Carolina Ruiz, specialist lawyer in labor matters at Monlex

In the same way, Nor will it be necessary to send a new collective request for benefits to the SEPE, although to apply the corresponding exemptions it will be necessary to present the responsible declaration to the Social Security treasury, it details Carolina Ruiz.

Regarding the ERTE based on economic, technical or productive causes, they may also process the extension simply by presenting an agreement to the labor authority to avail themselves of it with the unitary representation of the workers or union, the lawyer affects

Likewise, those companies that now see their activity affected by restrictions or limitations by the health authorities will be able to request from the labor authority an ERTE of limitation or impediment, “similar to what we had already seen in the previous social agreement “, according to Ruiz.


How are the exemptions until May 31?

At this point, the norm distinguishes the ‘super-protected’ sectors, “the famous ones who were in this annex, including restaurants and hotels,” according to Ruiz. These will have a bonus of 85% for companies with less than 50 workers and 75% for those with 50 or more

As for the companies that are prevented from carrying out their activity, which can benefit from the ERTE due to an impediment, they will have exemptions from Social Security contributions “throughout the closing period and until now on May 31 100% if we have less than 50 workers and 90% if we have more “, Ruiz specifies.

Regarding the limitation ERTEs, which can be accepted by those who see the development of the activity impeded or limited in any of their work centers as a result of the measures adopted by authorities, here the exemptions are not fixed, but decreasing until May 31: in February it is 100% for companies with less than 50 workers and 90% for those with 50 or more.

The bonus scheme applies to a 90% in the second month, 85% in the third and 80% in the fourth for companies with less than 50 workers, while for those with more than 50 employees, 10 points must be subtracted from these percentages.

Maintenance of employment

In overtime the commitment to maintain employment is maintained so that the companies that take advantage of the aid will have to maintain the templates for a period of six months.

“If the company is already affected by a previously acquired maintenance commitment, this new six-month period will start to run when the previous one has ended: there is continuity,” explains the Monlex lawyer.

Likewise, neither can overtime be done nor can the activity be outsourced or subcontracted.

Consumption of the benefit

It also remains in this extension until June that the worker’s benefit is for 70% of the regulatory base, as well as the “counter to zero”.

“The unemployment accumulated in the ERTEs until September 30, 2020 is not considered consumed and it is not considered consumed until January 1, 2022 if there is a dismissal declared inadmissible, an objective dismissal or a termination of the temporary contract,” he clarifies Ruiz

On the other hand, in ERTE for technical and organizational objective reasons unemployment is considered to be consumed since October 1, 2020, states Monlex’s attorney.