In what consists the extension of the ERTES?
It does some days the Government went back us to give new news on the ERTES: the approval of an extension from 30 September. With the publication of the Royal decree Law 30/2020 establish the social measures in defence of the use with a new enlargement of the ERTES already existent and the possibility to apply new measures for the companies affected by restrictions.
Which are the requirements for prorrogar the ERTES the existent or request new Files of Temporary Regulation of Use, what involves the extension of the ERTES, which are the formalities that have to make and in what consist the new ERTES of impediment and limitation that creates the RD Law?
In the first place it is important to know of which form would affect the obligation of the maintenance of use of the ERTES:
According to the article 5 of the norm, on the salvaguarda of the use, if your company made an ERTE regulated according to the RD Law 8/2020, the maintenance of use is of 6 months to count from the moment in that reincorporaste to the first worker, whereas if the ERTE have made according to the RD Law 24/2020, the 6 months would count from the date of entrance in force of said norm. But, if you decide prorrogar your ERTE with exoneraciones according to the new RD Law or apply any of the specialitys that further down count you, would remain obliged to maintain the use by a new period of 6 months.
If your company is in ERTE of main force, this period of 6 additional months would begin to count from the date in that it finalise the first compulsory period of 6 months. That is to say, you would have to maintain the use 12 months in total.
They can prorrogar the ERTES of main force of the RD Law 8/2020?
The article 1 of the new RD Law prorroga the ERTES of main force automatically until 31 January 2021. Nevertheless, the companies that decide prorrogar the ERTES as it establishes the new norm, will remain obliged to maintain the level of use during 6 months more. These companies will have to transact again the collective provision for the workers, to date of entrance in force of the RD Law and before 20 October 2020.
It is necessary to take that the extension of the ERTE does not involve to follow applying exoneraciones.
Which extensions of ERTES will have right to exoneraciones?
The Additional Disposal First foresees exoneraciones of the quotas in social security until 31 January of the workers affected for those companies of sectors with a reduced tax of recovery of activity that prorroguen his ERTES of main force automatically of this form:
The companies with less than 50 workers (85% of exoneración on the business contribution) and those that have more than 50 workers (75% of exoneración on the business quota). But only they will benefit the companies whose activity find included in the listing of CNAE that collects in the BOE of the RD Law 30/2020.
Also they will be able to apply exoneraciones those companies with ERTE of main force prorrogado whose business depend or form part of the chain of value of included companies in the CNAE, which will have to accredit that at least 50% of his turnover during 2019 depend direct form of them or that his real activity depends indirectly of the developed by the included companies in the quoted listing of CNAE.
They will apply these exoneraciones to the companies in ERTE of main force that fulfil the anterior requirements, or companies in main force that have requested an ERTE ETOP or companies in ERTE ETOP, that fulfil the anterior requirements.
What have to do so that they apply these exoneraciones to your company?
You will have to request that it declare to your dependent or integral company of the chain of value among the 5 and 19 October 2020 in front of the Labour Authority –accompanying the application with a memora explanatory of the circumstances that endorse you so that it apply and supporting documentation- The Labour Authority will have a term of 5 days to resolve., afterwards it will understand approved by positive administrative silence.
Important: these exoneraciones will be incompatible with the ones of the ERTES by limitation and impediment.
What is an ERTE by impediment and which companies can request it?
The ERTE by impediment is the one who will be able to request all the companies of sectors or activities that can not open or see any of his enclosed job centres like consequence of new restrictions that that take place from 1 October.
Which exemptions have the companies that apply ERTE of impediment?
The companies with less than 50 workers before 29 February 2020: have an exemption of 100% during the time that close, whereas those that have more than 50 workers, 90% of exemption during the closing.
How it requests an ERTE by impediment and how much hard?
The ERTE by impediment will request in front of the Labour Authority according to the procedure of the article 47.3 of the Statute of the Workers. The company will have to request the provision of the workers in front of the SEPE and to be able to apply the exemptions will be indispensable to communicate in TGSS a responsible statement with regard to each account of cotización and month.
Also it will have to identify to the worker with a code with the variation of his situation in Social Security. This code will be indicated by Social Security in the next bulletins NET and when it finalise the ERTE will have to communicate obligatoriamente the renunciation in System NET.
The ERTE by impediment will be able to extend during the measures that restrict the activity. Only when the company renounce on purpose to the ERTE, the exemptions will have to leave to apply from the date of effects of the renunciation.
What is an ERTE by limitation, which companies can request it and how requests ?
The ERTE by limitation is the ERTE by main force that would apply to the companies that see prevented the development of his activity in any of his job centres because of new restrictions.
It requests in front of the Labour Authority according to the procedure of the article 47.3 of the Statute of the Workers. The company will have to transact the collective application of provision in front of the SEPE and will be indispensable to communicate in TGSS the code of responsible statement with regard to each account of cotización and month and to continuation, the code according to the situation of the worker, indicating the key of variation in Social Security.
Once it finalise the ERTE, will have to communicate the renunciation to the exemptions through the System NET.
How long it will be able to last an ERTE by limitation and that exemptions has?
The length of the ERTE by limitation will be able to be at most on 31 January 2021.
According to the article 2.2, the ERTES by limitation will be able to exonerate the social insurances according to his volume of staff and the percentage of exoneraciones will go diminishing gradually among October and December in this way:
· Exoneraciones In companies with less than 50 workers: October: 100%; November: 90%; December: 70%; January: 60%
· Exoneraciones In companies with more than 50 workers: October: 90%; November: 80%; December: 60%; January: 50%
The companies that request an ERTE by limitation will be able to benefit of exoneraciones by the periods and percentages of day affected by the suspension and will apply during the period of these suspensions.
Can request a new ERTE ETOP linked to the Covid-19?
According to the article 3 of the norm, will be able to initiate new procedures of regulation of use based in economic causes, technical, organisational and of production linked to the Covid-19 among 30 September and on 31 January 2021.
The companies that are in situation of ERTE of main force (article 22 of the RD Law 8/2020) will be able to request an ERTE ETOP in front of the Labour Authority, before it finalise the first procedure and the date of effects of the ERTE ETOP retrotraerá to the date of end of the ERTE of main force that indicate .
Ending of the ERTE ETOP and possible extension:
The ERTE ETOP already valid will follow applying to date of end foreseen. Nevertheless, it will be able to prorrogar the date of end, in whose case, would do in the terms of the new Royal decree, whenever it achieve an agreement in the period of surgeries.
The extension of the ERTE will have to be requested in front of the Labour Authority according to the RD 1483/2012 and article 23 of the RD Law 8/2020.
Important: If your company prorroga his ERTE of main force or ERTE ETOP from the entrance in force of the new norm, will have to present obligatoriamente the collective application by the workers in front of the SEPE before 20 October 2020, with date from 30 September.
Likewise, will have to communicate all the variations of activity and inactivity to defeated month through the application Certific@2 of the SEPE and the desafectaciones of the measures for one or several workers.
And if my company does not want to prorrogar automatically the ERTE?
The company will have to communicate to the SEPE the drop with previous character to his activity –article 8- As the RD Law 30/2020 goes in in force the same day of his publication, that is to say, on 30 September, understands that the ERTE prorroga automatically, since the norm demands a previous day for the communication that would not be possible to apply.
However, if you do not wish that it expand the salvaguarda of use other 6 months more, if your company comes from of an ERTE of main force or ETOP, that does not generate right to exoneraciones automatically, could request the end of the ERTE.
What spends with the extraordinary hours or with the contracting of new employees when there is an ERTE?
According to the article 7, while it last the ERTE will not be able to hire to new workers, neither make externalizaciones, to exception of those cases in which the people that go to hire loan services that can not make any another hard-working and remain justified. If it is like this, the company will have to inform previously to the legal representative of the workers.
Infringir This normative could be motive of infringement and opening of file the Inspection of Work.
More profits for the workers in ERTE:
The new norm indicates that the period in ERTE will consider like sought-after. Also they expand the provision by unemployment for all the workers affected until 31 January 2021.
These workers will have right to a provision of 70% on the base of cotización and these quantities will consume time of the ordinary provision.
So much if you are company like worker and find you in any of these situations, do not doubt in requesting us advice in GESTORIA RIVERO www.riverogestoria.com
In the first place it is important to know of which form would affect the obligation of the maintenance of use of the ERTES:
According to the article 5 of the norm, on the salvaguarda of the use, if your company made an ERTE regulated according to the RD Law 8/2020, the maintenance of use is of 6 months to count from the moment in that reincorporaste to the first worker, whereas if the ERTE have made according to the RD Law 24/2020, the 6 months would count from the date of entrance in force of said norm. But, if you decide prorrogar your ERTE with exoneraciones according to the new RD Law or apply any of the specialitys that further down count you, would remain obliged to maintain the use by a new period of 6 months.
If your company is in ERTE of main force, this period of 6 additional months would begin to count from the date in that it finalise the first compulsory period of 6 months. That is to say, you would have to maintain the use 12 months in total.
They can prorrogar the ERTES of main force of the RD Law 8/2020?
The article 1 of the new RD Law prorroga the ERTES of main force automatically until 31 January 2021. Nevertheless, the companies that decide prorrogar the ERTES as it establishes the new norm, will remain obliged to maintain the level of use during 6 months more. These companies will have to transact again the collective provision for the workers, to date of entrance in force of the RD Law and before 20 October 2020.
It is necessary to take that the extension of the ERTE does not involve to follow applying exoneraciones.
Which extensions of ERTES will have right to exoneraciones?
The Additional Disposal First foresees exoneraciones of the quotas in social security until 31 January of the workers affected for those companies of sectors with a reduced tax of recovery of activity that prorroguen his ERTES of main force automatically of this form:
The companies with less than 50 workers (85% of exoneración on the business contribution) and those that have more than 50 workers (75% of exoneración on the business quota). But only they will benefit the companies whose activity find included in the listing of CNAE that collects in the BOE of the RD Law 30/2020.
Also they will be able to apply exoneraciones those companies with ERTE of main force prorrogado whose business depend or form part of the chain of value of included companies in the CNAE, which will have to accredit that at least 50% of his turnover during 2019 depend direct form of them or that his real activity depends indirectly of the developed by the included companies in the quoted listing of CNAE.
They will apply these exoneraciones to the companies in ERTE of main force that fulfil the anterior requirements, or companies in main force that have requested an ERTE ETOP or companies in ERTE ETOP, that fulfil the anterior requirements.
What have to do so that they apply these exoneraciones to your company?
You will have to request that it declare to your dependent or integral company of the chain of value among the 5 and 19 October 2020 in front of the Labour Authority –accompanying the application with a memora explanatory of the circumstances that endorse you so that it apply and supporting documentation- The Labour Authority will have a term of 5 days to resolve., afterwards it will understand approved by positive administrative silence.
Important: these exoneraciones will be incompatible with the ones of the ERTES by limitation and impediment.
What is an ERTE by impediment and which companies can request it?
The ERTE by impediment is the one who will be able to request all the companies of sectors or activities that can not open or see any of his enclosed job centres like consequence of new restrictions that that take place from 1 October.
Which exemptions have the companies that apply ERTE of impediment?
The companies with less than 50 workers before 29 February 2020: have an exemption of 100% during the time that close, whereas those that have more than 50 workers, 90% of exemption during the closing.
How it requests an ERTE by impediment and how much hard?
The ERTE by impediment will request in front of the Labour Authority according to the procedure of the article 47.3 of the Statute of the Workers. The company will have to request the provision of the workers in front of the SEPE and to be able to apply the exemptions will be indispensable to communicate in TGSS a responsible statement with regard to each account of cotización and month.
Also it will have to identify to the worker with a code with the variation of his situation in Social Security. This code will be indicated by Social Security in the next bulletins NET and when it finalise the ERTE will have to communicate obligatoriamente the renunciation in System NET.
The ERTE by impediment will be able to extend during the measures that restrict the activity. Only when the company renounce on purpose to the ERTE, the exemptions will have to leave to apply from the date of effects of the renunciation.
What is an ERTE by limitation, which companies can request it and how requests ?
The ERTE by limitation is the ERTE by main force that would apply to the companies that see prevented the development of his activity in any of his job centres because of new restrictions.
It requests in front of the Labour Authority according to the procedure of the article 47.3 of the Statute of the Workers. The company will have to transact the collective application of provision in front of the SEPE and will be indispensable to communicate in TGSS the code of responsible statement with regard to each account of cotización and month and to continuation, the code according to the situation of the worker, indicating the key of variation in Social Security.
Once it finalise the ERTE, will have to communicate the renunciation to the exemptions through the System NET.
How long it will be able to last an ERTE by limitation and that exemptions has?
The length of the ERTE by limitation will be able to be at most on 31 January 2021.
According to the article 2.2, the ERTES by limitation will be able to exonerate the social insurances according to his volume of staff and the percentage of exoneraciones will go diminishing gradually among October and December in this way:
· Exoneraciones In companies with less than 50 workers: October: 100%; November: 90%; December: 70%; January: 60%
· Exoneraciones In companies with more than 50 workers: October: 90%; November: 80%; December: 60%; January: 50%
The companies that request an ERTE by limitation will be able to benefit of exoneraciones by the periods and percentages of day affected by the suspension and will apply during the period of these suspensions.
Can request a new ERTE ETOP linked to the Covid-19?
According to the article 3 of the norm, will be able to initiate new procedures of regulation of use based in economic causes, technical, organisational and of production linked to the Covid-19 among 30 September and on 31 January 2021.
The companies that are in situation of ERTE of main force (article 22 of the RD Law 8/2020) will be able to request an ERTE ETOP in front of the Labour Authority, before it finalise the first procedure and the date of effects of the ERTE ETOP retrotraerá to the date of end of the ERTE of main force that indicate .
Ending of the ERTE ETOP and possible extension:
The ERTE ETOP already valid will follow applying to date of end foreseen. Nevertheless, it will be able to prorrogar the date of end, in whose case, would do in the terms of the new Royal decree, whenever it achieve an agreement in the period of surgeries.
The extension of the ERTE will have to be requested in front of the Labour Authority according to the RD 1483/2012 and article 23 of the RD Law 8/2020.
Important: If your company prorroga his ERTE of main force or ERTE ETOP from the entrance in force of the new norm, will have to present obligatoriamente the collective application by the workers in front of the SEPE before 20 October 2020, with date from 30 September.
Likewise, will have to communicate all the variations of activity and inactivity to defeated month through the application Certific@2 of the SEPE and the desafectaciones of the measures for one or several workers.
And if my company does not want to prorrogar automatically the ERTE?
The company will have to communicate to the SEPE the drop with previous character to his activity –article 8- As the RD Law 30/2020 goes in in force the same day of his publication, that is to say, on 30 September, understands that the ERTE prorroga automatically, since the norm demands a previous day for the communication that would not be possible to apply.
However, if you do not wish that it expand the salvaguarda of use other 6 months more, if your company comes from of an ERTE of main force or ETOP, that does not generate right to exoneraciones automatically, could request the end of the ERTE.
What spends with the extraordinary hours or with the contracting of new employees when there is an ERTE?
According to the article 7, while it last the ERTE will not be able to hire to new workers, neither make externalizaciones, to exception of those cases in which the people that go to hire loan services that can not make any another hard-working and remain justified. If it is like this, the company will have to inform previously to the legal representative of the workers.
Infringir This normative could be motive of infringement and opening of file the Inspection of Work.
More profits for the workers in ERTE:
The new norm indicates that the period in ERTE will consider like sought-after. Also they expand the provision by unemployment for all the workers affected until 31 January 2021.
These workers will have right to a provision of 70% on the base of cotización and these quantities will consume time of the ordinary provision.
So much if you are company like worker and find you in any of these situations, do not doubt in requesting us advice in GESTORIA RIVERO www.riverogestoria.com
