El Blog de Lawyou
Who is responsible for the mortgage in case of divorce? . The contribution to the «burdens of marriage» . After separation or divorce, the obligation is imposed on the former spouses to regulate, in the regulating agreement, the contribution to the burdens of marriage and alimony, as well as their basis for updating and guarantees […]
What does the ERTE achieve?
The pandemic seems to be sufficiently widespread to require extraordinary containment measures in order to guarantee the company and employment in the aftermath of the pandemic. That said, a company can take, in the event of a health alert situation, a series of measures to mitigate the consequences of these exceptional cases.
We do not intend to alarm or cause fear with the spread of the Covid-19 virus, but to follow the indications published by the Ministry of Labor in the «Guide for action in the workplace in relation to the new Coronavirus».
The first forecasts indicate that, if the crisis continues, 10% of the small and medium-sized companies surveyed – 1,088 in total – are planning to resort to Temporary Layoffs, while 15% are considering the possibility of initiating partial stoppages of activity. This is a situation that could easily be reached, since 35% of this type of companies are registering a drop in sales or cancellation of bookings of between 10 and 15%.
It is necessary to differentiate the figure and separate it from the general approach of an ERE, or an ERTE, as a process generated only by adverse economic situations, of crisis, recession or accumulated drop in income. However, this can also be triggered by exceptional situations of force majeure:
Direct epidemiological causes, which generate a situation of absenteeism that makes the continuity of the service provided, or of production, impossible.
Due to the shortage or total lack of supply of elements or resources necessary for the development of the business activity as a consequence of the coronavirus affecting supplier or supplying companies.
Due to a decrease in the demand, the impossibility of rendering the services that constitute its object or an excess or accumulation of manufactured products, as a consequence of the decrease of the activity on the part of client companies.
What is an ERTE?
It is an Expedient of temporary regulation of employment) enables us to:
Suspend several work contracts for a determined period of time.
Or reduce for a period of time the working hours of some workers.
With it your companies will be able to reduce part of the loads in the period of inactivity. If we imagine an average wage cost of 2,000 € in a month of partial stoppages on half of a workforce of 16 workers, we will have:
2,000 € x 8 workers x 30 days = 16,000 € less burden to maintain the company and employment after the period of inactivity.
In addition, in order that this situation does not leave the workers unprotected, the Social Security and the Ministry of Labor have foreseen that there will be no consumption of unemployment during this period of suspension due to the causes derived from the Coronavirus.
The ERTE measure is regulated by the regulation of the procedures of collective dismissal, suspension of contracts and reduction of working hours, which establishes a procedure whose cause has to be established by the Labor Authority and after a report from the Labor Inspection, and any additional reports considered essential.
Let’s see in this post how to create a foundation in 2020. What is the purpose of creating one, and what advantages does it have. Regulatory framework for foundations . The Article 34 of the Spanish Constitution recognizes the right of foundation for purposes of general interest in accordance with the law, provided that they […]
Una de las cuestiones que más alarman en el ámbito digital es la suplantación de identidad en internet. Siendo uno de problemas más frecuentes, entre otros, la creación de perfiles falsos con el propósito de hacerse pasar por otra persona, especialmente en redes sociales. Suplantación de identidad en internet: ¿cómo actuar? Su regulación en el […]
March 8th is International Women’s Day, and at Lawyou we are campaigning on violence against women with a series of articles. In this fourth one we will review what happens if we report a case of male violence. You can see the other publications on this page.
Lawyou signs an agreement with ACENOMA, Association of emperors of North Madrid . With this agreement LAWYOU provides a service that offers ACENOMA members and the association itself a legal entry for all specialties, the possibility of consultation with fixed prices and response time standards, real-time information on the evolution of matters, and a guarantee […]
Despido disciplinario What are my rights? What are my rights? Under our labor legislation, the employment relationship between the employee and the employer may end in various ways, such as the mutual agreement of the parties, the termination of the time agreed in the contract or by the unilateral decision of the employer or dismissal […]
El día 8 de Marzo es el Día Internacional de la Mujer, y en Lawyou estamos haciendo una campaña sobre la violencia contra la mujer con una serie de artículos. En este tercero repasaremos algún dato sobre violencia de género en 2020 y una serie de situaciones en las que se encuentra la mujer. Datos […]
After the publication in the BOE of the last Real Decree Law approved by the Government of Spain to alleviate the serious consequences of the pandemic of the coronavirus Covid-19 and the drastic measures adopted for its containment imposed by the Real Decreto 463/2020, of March 14 declaring the state of alarm, we intend to […]
For these difficult times, I bring you a series of questions and answers for you as a freelancer to consult in these hard days. . If I have hired employees can I do an ERTE? Indeed, there is no difference in its processing, nor in its labor or economic consequences. Due to the declaration of […]
A royal decree law has been approved for ERTE in companies due to the pandemic situation we find ourselves in. MEASURES FOR ERTE . The measures approved by the Government in the Royal Decree Law 8/2020, of March 17, on extraordinary urgent measures to address the economic and social impact of COVID-19, which have entered […]
From the law firm Lawyou, we want to inform you of the tools that the law provides to meet the challenge of the Coronavirus epidemic. With some advice on coronavirus at work . The labor authority has decided through Real Decreto-ley 6/2020, of March 10 (BOE 11.03.2020) that sick leave due to isolation period or […]
