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How much are you paid when you are in ERTE in Spain?

The ERTE is a Temporary Employment Regulation the measure taken by the Spanish government for companies when the coronavirus crisis has started by the Royal Decree of March 17, 2020. In an ERTE the worker receives 70% of the base of his salary during the first six months and from the seventh month 50%. The amount paid changes according to your age, if you have children and the regulatory base that appears on your payroll.

The ERTE assumes that the company temporarily suspends the employee’s employment contracts or reduces their workday. It is not that the worker is fired, only that the contract is temporarily interrupted.

The number of workers affected in Spain by this procedure under the Covid 19 is almost four million people according to the Government. During the ERTE related to Covid 19, workers are not withdrawn from Social Security, and the company is exempt from paying contributions.

There have been many delays in the payment of ERTEs. It is the SEPE Public State Employment Service who pays the worker instead of the employer during the ERTE by covid 19. The first payment of the SEPE was made on May 10, 2020. On May 23 there are still about 900,000 workers who have not charged according to managers, but SEPE says that they are only 2% of workers.

To find out the status of your payment there is this link: https://sede.sepe.gob.es/ConsultaPrestacionesAAWWeb/AccesoConsultaAction.do where you can check how is your ERTE and the payments made or future payments. The customer service telephone number is +34 900 812 400 from 8am to 8pm.

Once the state of alarm is over, no more ERTE can be requested due to force majeure of the covid-19 and the companies will start paying their business fees.

The question for the future is to know if for the worker the employer would transform this situation into an ERE Employment Regulation of extinction and thus dismiss the worker. Labor law understands that collective dismissal proceeds when the company that alleges economic, technical, organizational or production causes carries out a series of dismissals that affect, in a period of 90 days, ten workers in companies with less than 100 employees . The economic cause is when a company has current or future losses or when its income level is decreasing regularly, that is, when for three consecutive quarters the income in each quarter is less than the income in the same quarter of the previous year …