Protection for unemployment as a result of Erte due to force majeure or for economic, technical, organizational and production reasons
As long as the extraordinary situation derived from the COVID-19 continues, to those included in article 264 of the LGSS and to those who have the status of working partners of companies and associated work cooperatives who are listed for unemployment, whose relationship work or company started before March 18, 2020 (date of entry into force of the RDL) that are affected by the decision of their companies to suspend contracts or temporarily reduce the workday due to force majeure or economic reasons, technical, organizational and production, under the provisions of article 47 of the ET, based on extraordinary circumstances regulated in the RDL, or when their companies are already involved in communicated, authorized or initiated procedures before March 18 and based on the causes set forth therein:
- The contributory unemployment benefit will be recognized (title III of the General Social Security Law –LGSS–) even if they lack the minimum period of listed employment necessary for it.
- They will not be computed the time in which the contributory level unemployment benefit is received that brings their immediate cause of the aforementioned extraordinary circumstances, for the purposes of consuming the maximum periods of perception established.
These measures will be applicable to the affected workers if, at the time of the adoption of the business decision:
- had a prior right to unemployment benefit or subsidy suspended,
- they lacked the minimum period of listed employment to cause the right to a contributory benefit, or
- they had not received any previous unemployment benefit.
In these cases, a new right to the contributory unemployment benefit will be recognized, with the following specialties regarding the amount and duration:
- The regulatory basis 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, worked under the relationship affected by the extraordinary circumstances that have directly caused the suspension of the contract or the reduction of the working day.
- The duration of the benefit will last until the end of the period of suspension of the employment contract or temporary reduction of the workday for which it is caused.
The procedure for recognizing the right to unemployment benefit shall be in accordance with the provisions of the legal and regulatory provisions for the cases of temporary suspension of the contract or temporary reduction of the working day for economic, technical, organizational, production or force reasons. greater and in the case of cooperative worker members, the accreditation of legal unemployment situations will require that the causes that have caused the ERTE have been duly verified by the labour authority in accordance with the procedure regulated in Royal Decree 42/1996.
If you have been affected by an ERTE, you do not have to request an appointment with the SEPE, since the management of your benefit will be processed between your company and the SEPE.
The companies that have filed an ERTE for these causes will make the collective application for unemployment benefits on behalf of the workers affected by it before the SEPE.