In continuation of our previous article, we note
WORKING ASPECTS (we already talked about them in brief in our video)
One of the most delicate issues, of course, is the situation that concerns employees of those companies that were required to cease their activities in connection with the introduction of emergency situations.
The current labor legislation provides for the use of mechanisms for regulating employment, which may be applied depending on the reasons that justify it. But the truth is that the current situation is exceptional, and we expect the administration to urgently regulate the use of these mechanisms in a more flexible way.
Those companies that must cease operations as a result of an order by the state of Spain to cease operations dictated by RD 463/2020, in which an alarm condition is declared, can ERTE – Expediente de Regulación de empleo temporal – temporary regulation of employment of workers, due to “force major circumstances ”, It remains to be determined why these companies can argue that the absence of termination of their activities will certainly affect their activities and their income due to the health crisis that affected Vaeth all of us. It is still unknown whether the administration believes that this will be due to force majeure, or whether the business is bad.
At the conclusion of ERTE, workers are fired, salaries are not paid. But social security is paid by the company, all 100%. It is also a duty to fulfill the condition under which workers have every right after the cancellation of this state of emergency to return to the company and continue their work on the same conditions that were originally agreed and signed with them.
There are other measures that companies can take to reduce costs / expenses at zero income, and to minimize this impact on workers. Contact us on our website CONSULTINFO.ES and we will advise you so that you move in the right direction.
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