Royal decree-law 18-2021 extension of Ertes

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ROYAL DECREE-LAW 18/2021, OF SEPTEMBER 28, ON URGENT MEASURES FOR THE PROTECTION OF EMPLOYMENT, ECONOMIC RECOVERY AND THE IMPROVEMENT OF THE LABOR MARKET

Article 1. Authorization for the extension of temporary employment regulation files related to the pandemic crisis.

1. The extension of the temporary employment regulation files in force as of September 30, 2021 based on the provisions of articles 1 and 2 of Royal Decree-Law 11/2021, of May 27, on urgent measures for defense of employment, economic reactivation and the protection of self-employed workers and those to which article 23 of Royal Decree-Law 8/2020, of March 17, is applicable, of extraordinary urgent measures to face the economic and social impact of COVID-19, It will be authorized upon presentation, by the owner company or entity, of a request to that effect, accompanied by the documentation referred to in section 2 of this article, before the labor authority that authorized or processed the corresponding file, between October 1 and 15, 2021.

If the application accompanied by said documentation is not submitted within the established period, The temporary employment regulation file will be terminated and will not be applicable from November 1, 2021.

2. The request for extension of the file must be accompanied by a list of the hours or days of work suspended or reduced during the months of July, August and September 2021 of each of the workers, duly identified in relation to each of the work centers.

In the case of the files to which article 23 of Royal Decree-Law 8/2020, of March 17, is applicable, a report of the representation of the workers with whom it was negotiated will also be attached.

3. The labor authority, without prejudice to issuing the corresponding resolution, will forward the file to the Labor and Social Security Inspectorate, for the purposes that may proceed.

4. Within ten business days from the submission of the request On the part of the company, the labor authority must issue a resolution, which will be an estimate and will extend the file until February 28, 2022 provided that the required documentation has actually been submitted in accordance with the requirements of section 2.

In the absence of an express resolution, the request for an extension will be deemed upheld.