Exceptional measures in relation to the procedures for suspension of contracts and reduction of working hours due to force majeure (E.R.T.E.)

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Contract suspensions and working hours reductions caused as a consequence of COVID-19, which imply suspension or cancellation of activities, temporary closure of public affluence premises, restrictions on public transport and, in general, of the mobility of people and / or or the merchandise, lack of supplies that impede the development of the activity or urgent situations due to the contagion of the staff will be considered to be in a situation of force majeure and may request the ERTE applying the following specialties:

  1. The procedure will begin at the request of the company, accompanied by a report regarding the loss of activity caused by COVID-19, as well as supporting documentation. The workers must be informed of said request.
  2. The existence of force majeure must be verified by the labor authority, regardless of the number of workers affected.
  3. The resolution will be issued within 5 days from the request, after a report from the Labor and Social Security Inspection, which must confirm the existence of the alleged force majeure.
  4. The report of the Labor and Social Security Inspection, whose request will be optional for the labor authority, will be evacuated within a non-renewable period of 5 days.

The General Treasury of Social Security will exempt the company from the payment of business contributions while the period of suspension of contracts or reduction of working hours lasts, as long as the company, on February 29, 2020, had less than 50 workers in a situation of High social security. If the company had 50 workers or more, the exemption from the obligation to contribute will reach 75% of the business contribution.

In the supposed cases in which the company decides the suspension of contracts or temporary reduction of the working day, the following measures will be adopted:

  1. Recognition of the right to unemployment benefit to the affected workers, even if they do not have the minimum period of occupation for which they are required.
  2. Do not compute the time in which the benefit is received.
  3. The regulatory base of the benefit will be the result of computing the average of the bases of the last 180 days listed or, failing that, of the lower period of time, immediately prior to the legal situation of unemployment.
  4. The duration of the benefit will last until the end of the period of suspension of the employment contract or temporary reduction of the working day for which it is caused.