The employment contract is suspended for a period of time

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Joyzfsdsro343
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Joined: Wed Dec 18, 2024 3:36 am

The employment contract is suspended for a period of time

Post by Joyzfsdsro343 »

Since the state of emergency was declared in our country on March 14 to combat COVID-19, together with the movement restriction and confinement measures, non-essential companies in which teleworking is not feasible have had to choose to process an ERTE for their employees, either with the suspension of the employment contract or with the reduction of working hours.

The ERTE is not something new, it is a figure present in our legal system, but due to the health situation it has become more pronounced. The problem is that many companies have taken advantage of this situation and have initiated both temporary and termination employment regulation files, without meeting the requirements. This is a labor fraud. If you are aware of any situation of this type, it is best to go to specialized fraud investigation companies .

Definition
What is an ERTE? The Temporary Employment Regulation File. It consists of the temporary suspension of employment contracts, unlike the ERE (Employment Regulation File) which consists of the termination of the contract.

This procedure is provisional in nature and is subject to a period of time, at the end of which the company is obliged to restore the contractual conditions prior to the implementation of the ERTE, as well as to maintain the jobs of the employees who have been affected.

Characteristics
Article 47 of the Workers' Statute regulates the figure of the temporary Employment Regulation File. It defines it as: Suspension of the contract or reduction of working hours for economic, technical, organizational or production reasons or due to force majeure.

If any of these causes apply, the employer may suspend the employment contract of all or part of the workers.
The procedure will be applicable regardless of the number of employees in the dentist database company and the number of those affected by the suspension.
The adoption of measures to suspend contracts or reduce working hours will not give rise to any right to compensation for the affected workers.
Workers will receive unemployment benefits after the involuntary, permanent or temporary loss of a job, or after the reduction of daily working hours due to being legally unemployed, following the corresponding ERTE procedure.
As we are dealing with a suspension or reduction of working hours, the company is still obliged to pay 100% of the company's contribution to Social Security.
Types of ERTE

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Reduction in work activity : a change in the working day occurs, either the working day or the number of days that the employee goes to work. A reduction in working hours is understood as a temporary reduction of between 10 and 70% of the working day calculated on the basis of the daily, weekly, monthly or annual working day.
Suspension of employment :
Causes
The Workers' Statute indicates that the ERTE will proceed when the following occur :

Economic reasons : when the company's results show a negative economic situation, in cases such as the existence of current or anticipated losses, or a persistent decrease in its level of ordinary income or sales. In any case, the decrease will be considered persistent if for two consecutive quarters the level of ordinary income or sales of each quarter is lower than that recorded in the same quarter of the previous year.
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