Can I lose my job due to the situation with COVID-19?
Coronavirus cases (COVID-19) continue to increase and are affecting, among other things, the country’s economy. Many companies are suffering direct consequences.
Restaurants, airlines and many more have been the most affected by the preventive measures that have had to be taken to guarantee the health of all in these times of coronavirus, COVID-19.
Many companies are starting to process ERTEs, but,
What is an ERTE?
An ERTE refers to temporary employment regulation records (expedientes de regulación temporal de empleo, in Spanish). Basically it is a suspension of contracts but of a temporary nature or it can even mean a reduction in working hours.
On the other hand, there is also the ERE, which refers to employment regulation files, which is defined as a collective dismissal.
Both ERTE and ERE are procedures controlled by the Labor Inspectorate. This means that if they are implemented, they must first be planned with legal advice.
An important difference is that while ERTEs are temporary, EREs are final.
Can coronavirus make my company perform ERTEs?
The information we have acquired is that ERTEs can be started in a company as a consequence of the epidemic caused by COVID-19. In this case, the company could carry out ERTEs to avoid workers and customers getting sick.
We now proceed to answer important questions on this topic:
While we are living through the crisis caused by COVID-19, how long can an ERTE be established for?
There is no deadline right now. However, it is stipulated that the most reasonable thing would be for it to be established for a period greater than 15 days. This way the employer can have a bigger margin in case the situation spreads.
In what situation will the employees affected by an ERTE find themselves?
Employees must be reinstated once the stipulated period ends, however, they will not receive any type of compensation as the period would be temporary.
Usually, employees who are in this situation may apply for unemployment benefit (prestación por desempleo), as long as they have contributed more than 360 days or when their income does not exceed 75% of the interprofessional minimum wage.
However, President Sánchez has announced that if you lose your job during the state alarm, you will be allowed to receive unemployment benefits even if you did not work for a year.
What can I do about this problem?
At Sterna Abogados we have enabled a new URGENT consultation for all those who want to find out about ERTE and ERE.
If you think you are at risk and do not know the subject well, call us at +34 911 270 920 and schedule your consultation with one of our lawyers.
We are currently offering consultations by phone and skype. If you want to check the availability of our lawyers, please click on the following button: