real decreto ley para ERTE

Royal Decree Law for ERTE

Lawyou — miércoles, 24 de febrero de 2021

A royal decree law has been approved for ERTE in companies due to the pandemic situation we find ourselves in.


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 into force on March 18, 2020, have included a relaxation in the ERTE to facilitate temporary workforce adjustments, since the ERTES caused by the COVID – 19 crisis will be considered mainly force majeure and the workers will be entitled to the contributory unemployment benefit even if they do not meet the required prior contribution requirement. The collection of such benefit will not be computed for the purpose of subsequent collection of unemployment benefit.

On the other hand, in the case of ERTE, the employer will be exempted from the employer’s contribution to Social Security contributions.

Such measures are included in Chapter II of Measures for the relaxation of the temporary adjustment mechanisms to avoid layoffs, Articles 22 to 28 of the Royal Decree.

On the other hand, the Royal Decree-Law has included the possibility of deferring debts with both the Social Security and the Tax Authorities.

Social Security

Article 24 of the Royal Decree Law provides for the deferral of debts with the Social Security: if the activity of the company or business has had to cease due to one of the causes of force majeure, the payment of 75% of the business contribution to the Social Security does not have to be made. This exemption may reach 100% of the contribution if the workforce is between 1 and 50 employees.

All this during the period of suspension of contracts or reduction of working hours authorized by the temporary force majeure referred to in Article 22. In order to enjoy such exoneration, the employer must undertake to maintain employment and not to carry out any dismissal.


Regarding the suspension of debts with the Treasury, Article 33 of the Royal Decree includes a deferral of payment, through an extension of both deadlines and maturities, of tax debts, which means a relaxation, provided for all payment periods: voluntary, executive and of urgency, as well as applicable to installments.

In the case of procedures that have not concluded at the entry into force of the Royal Decree Law, the periods are extended until April 30, 2020. And in the case of procedures that are communicated after the entry into force of the Royal Decree Law, the deadlines are extended until May 20, 2020.

At LAWYOU we have lawyers with many years of experience who can help you or provide more information about the currently applicable legislation and future changes. Do not hesitate to contact us to tell us about your case through our email or, if you prefer, you can also call us at the following telephone number: 602 226 895. O puedes dejarnos tus datos aquí.

Si quieres información sobre un ERTE para tu empresa tanto como empresario como trabajador, rellena el siguiente formulario.
  • Este campo es un campo de validación y debe quedar sin cambios.

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