Reincorporación al trabajo tras un ERTE

At a time when the vast majority of Spanish provinces are immersed in the so-called ‘de-scalding’, more and more companies and freelancers have reopened their businesses,complying with all relevant safety and hygiene measures to prevent further contagion.

And many of these businesses reopen their doors after an ERTE,with all sorts of doubts about how to complete the ERTE or how to reinstate workers who have been affected.

If it’s your situation, here are the steps to take for your workers’ reinstatement after an ERTE,so you can reopen your business in the best way possible.

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How to re-enter your workers after an ERTE?

> ERTE by the Ministry of Labour and Social Economy

If the company has submitted an ERTE to the Ministry of Labour and Social Economy,a document for the reinstatement of workers, including the assigned file number, as well as the number of workers return to work, will have to be submitted.

This document will be submitted through the General Register, online. The electronic headquarters, the general registration and the document must be submitted. The document would also need to be emailed to the SEPE of the relevant provincial delegation.

> ERTE through the Autonomous Community

If the ERTE has been presented through the Autonomous Business Community, it should be noted that each community has a different system. Therefore, we will have to present the same document we told you (e)the Registry of employment, training and labour; and also send it by email to the SEPE of the relevant provincial delegation.

Can you progressively re-enter your workers after an ERTE?

During any phase of de-scalding, since it is possible that the reopening of your business will be carried out with determiandas restrictions, you will be able to proceed to the reinstatement of your workers progressively after an ERTE,this being one of the relief measures approved by the Council of Ministers, so that companies can recover their workers for the total or partial performance of their functions.

To complete a partially ERTE, the SEPE-enabled “Low ERTE”form, including the NIF/NIE of those workers leaving the ERTE, as well as the work center CCC and the date of termination of the benefit, will have to be completed.

Reincorporación al trabajo tras un ERTE

This form will be sent to the Provincial Directorate of the SEPE through the Common Electronic Register of Public Administrations,when the completion of the ERTE is known, and before the 25th of the month in which the benefit is desused, in order to avoid making improper payments.

In any of these situations, the completion or modification of the ERTE would become effective from the date the company resumed its activity. In the event of an amendment to the reintegration of your workers progressively, it would not be necessary to wait for authorization from the Labour Authority.

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Partial force MED: what is it?

On 13 May, the figure of the ERTE by partial force majeure,which allows companies hosting an ERTE to progressively re-enter workersas activity resumes, returning to the job with time reductions.

In this way, a company could keep some workers totally in the ERTE, and at the same time take out otheremployees with a reduction of hours, in order to be able to meet the demand of the business and gradually recover the activity.

This possibility is only available to companies and self-employed people who are fully force-insed as a result of COVID-19.

What happens to the ERTE when the Alarm Status ends?

Once the State of Alarm is complete, the ERTE due to force majeure would be terminated,and companies should re-incorporate their workers under the same conditions as they were before it. The maximum date set in the BOE for the completion of the ERTEs is June 30.

At this point, a new ERTE could be requested, but with different conditions than those of the Alarm State.