In view of the exceptional situation in which we find ourselves, we want to share with you some options and recommendations for the workplace.

As you know, the current state of emergency has direct implications for companies, some due to direct closure decreed by the Government, and others (possibly) for economic reasons.

It should be noted that, according to government sources, new draft measures will be approved on Tuesday 17th in relation to the flexibility of ERTEs and, probably, other forms of social contribution.

In the current scenario, the options are as follows:

PAID LEAVE

Advisable for companies where activity has ceased. The worker is informed that they should not attend the job and that during the days that they do not work, a salary will be paid to them as if they were working. This measure will be cancelled at the time of processing the ERTE retroactively, if applicable.

HOLIDAYS

Advisable for companies where activity has ceased. It must be mutually agreed with the worker (to avoid a possible challenge), although given the extremely serious situation it should not be a problem to do so. This measure will be cancelled at the time of processing the ERTE retroactively, if applicable.

ERTE (Temporary Redundancy Plan)

As of today (16/03), a conventional ERTE seems unfeasible due to the inflexibility of the process (bureaucracy, procedures, etc.). It is presumed that it can be modified in the coming days.

ERTE (Force Majeure)

This is a much more streamlined process than the previous one and is fully justified in the current situation. It is processed electronically and in theory, the administration’s response should take 5 days (although in the current situation this is presumed to be unlikely). In the case of companies that have ceased their activity as required by the Royal Decree of last Saturday, this is a highly recommended option.

RECOMMENDATIONS

As of today (16/03), our recommendation for companies that have had to close due to last Saturday’s decree-law (bars, restaurants, shops …) is to notify workers of paid leave, and wait to see which option is most viable. This is in the context of the Government measures due to be announced tomorrow, Tuesday, in which it is presumed that all procedures related to ERTEs will be relaxed.

It must be taken into account that any ERTE would be applied (for the aforementioned case) retroactively, from the date of publication in the BOE of the obligation to close (14/03).

For more information, do not hesitate to contact our Labour Department.