The Ministry of Labour and Social Economy has prepared a document with Frequently Asked Questions about ERTE derived from Covid-19.

Preguntas frecuentes ERTE Coronavirus | ETL ILIA

The document includes information on the presentation of Temporary Employment Regulation Files (ERTE) due to force majeure due to Covid-19 at the Ministry of Labour and Social Economy.

Frequently Asked Questions about ERTEs derived from Covid-19

• Information telephone numbers for ERTEs COVID-19
• What is a Temporary Employment Regulation File (ERTE)?
• What activities can and cannot present the ERTE due to force majeure derived from COVID-19?
• What is the procedure for processing an ERTE due to force majeure derived from COVID-19?
• Can an ERTE be submitted due to force majeure that groups together contract suspension measures and reduces working hours?
• If a company presented an ERTE for productive reasons at the beginning of the crisis and later they have become force majeure, can it modify the ERTE?
• If an ERTE has been filed in a company including part of the workforce and, subsequently, it is considered necessary that the ERTE affect more workers due to circumstances related to COVID-19, can the company request an increase in the ERTE workers initially presented or must they present a new ERTE for the rest of the workers?
• What happens if the company presents an ERTE due to force majeure and the labour authority considers that it must be due to productive causes?
• What ERTEs can be submitted through the Electronic Office of the Ministry of Labor and Social Economy?
• If the company has the entire workforce registered in the same contribution account code corresponding to a single autonomous community, but has more than 15% of the workers providing services outside that community, who is responsible for processing ERTE to the Ministry of Labor and Social Economy or to the autonomous community where the workers are registered?
• How do part-time workers count when calculating 85% of the workforce to determine which labour authority is competent in companies with work centres in more than one autonomous community?
• How do I present the ERTE if I don’t have an electronic certificate?
• Are there forms and models of documents for the presentation of the ERTE application?
• If I do not know on what date the company will resume the activity, what is the end date that I must put in the presentation document?
• Do I have to cancel the workers of the company in Social Security?
• During the period established in the ERTE, does the company have to pay salaries or Social Security contributions to its workers?
• What happens if my company was closed when the State of Alarm came into effect and I cannot get my workers to sign that I have communicated the ERTE presentation to them?
• Should workers who are temporarily disabled be included in the ERTE?
• What effects does ERTE have on working people?
• How is the communication from ERTE to SEPE presented?
• In companies with legal representation of workers, is it enough to communicate the ERTE presentation?