ERTES, How to reintegrate workers
The Temporary Employment Regulation File (ERTE) is a measure that allows companies to suspend or reduce the contracts of their employees temporarily when there are justified reasons for it.
If a few weeks ago most companies considered how to carry out an ERTE due to force majeure or for productive reasons, now the question is how to start removing workers from an ERTE or how to end an ERTE.
As a result of the de-escalation, companies have seen the need to recover their staff, but many have doubts about how to get their workers out of an ERTE, if they can re-affect their reincorporated workers or how the termination is communicated.
RD-law 24/2020 extended the Files of Temporary Regulation of Employment of force majeure, extending them until September 30.
Those ERTE for economic, technical, organisational or production reasons the end date is the one decided by the employer, both for those initiated before the entry into force of RDL 24/2020 (27/06/2020) and for those immediately consecutive to an ERTE of force majeure.
Who manages the completion of the ERTE?
To end an ERTE temporarily or permanently and, with it, the reduction in the benefit of workers affected by suspension or reduction of working hours, it is the company that must carry out this procedure.
But also the consultancies and professional offices authorised by the company itself can do this management.
As was the case with the activation of the ERTE, in case of suspension or reduction of their working hours, workers do not have to carry out any management.
From the very moment the employee knows the date on which he resumes his work activity, his benefit is automatically interrupted.
Deadline for notifying the resignation when the ERTE is of force majeure
Companies with ERTE of force majeure due to COVID-19 that fully recover their activity, must expressly submit the waiver to the labour authority.
This within 15 days from the effects of the resignation.
It is advisable to do so to avoid possible incidents and sanctions of the labour inspection; however, they must assess the drawbacks of renouncing the authorised ERTE.
The company that has been authorised to an ERTE due to force majeure due to COVID-19, has to communicate to the SEPE of the changes that may occur in relation to the suspension and/or reduction of working hours that have been initially communicated.
This, prior to the moment in which the variation occurs.”
The waiver of the ERTE implies that it would not be extended and that, in the case of wanting to suspend the contracts of employees again due to the COVID-19 situation, the processing of a new ERTE is necessary as well as the express authorisation of the Labour Authority (positive silence is not valid to produce effects and especially exemptions from social security contributions).
Procedure to suspend the ERTE
The ERTE itself makes available to companies a unified application document that must be completed with the following data:
– Company quote account code.
– Number of workers affected by the ERTE.
– Date of cancellation (it will be the first day that workers return to activity).
The document is sent in Excel format through the Common Electronic Registry of Public Administrations to the provincial address of the SEPE of the province in which the affected work centre is located. It can also be sent directly by email to the email of the corresponding provincial address of the SEPE.
Can I send a worker back to the ERTE?
Many of the companies that have had to reincorporate some of their workers into the workforce due to a rebound in their activity, have found themselves in the need to send their reinstated employees back to the ERTE because the business was not working as expected.
In this case, as long as the company does not notify the Labour Authority of the express waiver of the ERTE or as long as the ERTE does not end, it may affect and disaffect the workers included in the ERTE.
