The SEPE has published a new Basic Guide for processing benefits derived from ERTE due to COVID-19, adapted to Royal Decree-Law 18/2021, of September 28, which includes information on the extension of extraordinary benefits for ERTE COVID in October and from November onwards.
Within the "Basic guide for processing extensions of extraordinary benefits for ERTE COVID and for fixed-term intermittent workers" of the SEPE, we find a new reference updated to October 2021.
- Extension of the COVID ERTE schemes in force until 30/09/2021 and of the extraordinary unemployment benefits.
The extraordinary benefits for ERTE COVID in force as of September 30 will be automatically extended until November.
The payment of the benefit for the month of October will be generated for workers with inactivity due to ERTE based on the information provided in the activity communication file (XML), which must be sent before November 20, 2021.
Once the automatic extension period ends (October 31, 2021), the extraordinary benefits for COVID-related temporary layoffs (ERTE) will cease. To prevent this, between November 1, 2021, and February 28, 2022, companies must:
1) Request the extension of the COVID ERTE from the AL, whether FM or ETOP.
2) Submit the collective application for benefits to the SEPE.
3) Communicate the periods of activity to the SEPE (XML files).
4) Send the rest of the information to MITES, TGSS and ITSS.
PLEASE NOTE. Failure to notify the Local Administration within the established timeframe of the extension of the ERTE (both FORCE MAJEURE and ETOP) will result in the termination of the measures and unemployment benefits on 31/10/2021.
- Submission of collective application to the SEPE and other communications for the extension of unemployment benefits
October: automatic extension.
November and while the extension of Royal Decree-Law 18/2021 lasts: It will be necessary to submit the resolution of the Local Administration and a new collective application to the SEPE with the workers who must continue to be included in the COVID ERTE that is extended from 01/11/2021.
Deadline for sending the extension authorization: within 15 working days following November 1st or from the notification of the AL resolution or the certificate of negative silence, if it is later than November 1st.
Model: The list of workers in the collective application will correspond to the information provided to the AL and to what was communicated to the Ministry of Labor and Social Economy in the annex of RDL 18/2021.
The following will be included: – Workers who are on sick leave at the time of submission of the collective application.
following will not be included: – Other cases of prior suspension of the employment relationship, such as maternity/paternity leave, leaves of absence…
PLEASE NOTE. The application must be submitted through the SEPE website, under the section Companies/Unemployment Protection?certific@2/ Collective application for benefits derived from ERTE due to COVID-19.
In addition to the above:
- The 4th Additional Provision of Royal Decree-Law 18/2021 establishes the obligation for companies to send to the headquarters of the Ministry of Labor and Social Economy a list of the workers included in the extension of the ERTE; the workers in the collective application sent to the SEPE must have been included in the list sent to the labor authority and correspond, likewise, to those included in this list.
- The RED system will be used to communicate the various ERTE measures or modifications to the reduction of working hours to the TGSS for reflection in the Employment History of each worker.
- For the purposes of the inspection, the company must continue to submit any changes to its employees' work schedules and hours (Article 298, TRLGSS and Ministerial Order 982/2013 and Article 6 of Royal Decree-Law 18/2021). This information will be made available to the Labor and Social Security Inspectorate for any necessary checks.
- Communication of the activity via XML
For the payment of benefits, the company will communicate to the SEPE, through the XML files, the actual or calculated days of inactivity FOR ALL WORKERS who are included in the ERTE and have had total or partial inactivity in the month.
Deadline for sending the XML: between the 1st and the 20th of the following month (unless the Provincial Directorate of the SEPE determines a different deadline).
Information on the termination of the benefit, total or definitive: will also be reported through the XML files, and new files should not be sent unless it is necessary to reactivate the benefit.
PLEASE NOTE. The rules for reporting inactivity days (actual days or DAE) and variations in activity (IT, holidays, sick leave) remain in effect, as explained in the SEPE documentation contained in the COVID-19 Measures/Information for Companies section.
Source: Basic guide for processing extensions of extraordinary benefits for COVID-19 ERTE (Temporary Employment Regulation File) and for fixed-term intermittent workers. SEPE (State Public Employment Service).
- Transitional situations
Under the repeated Royal Decree-Law 18/2021, the new ERTE COVID FM or ETOP applications submitted between 01/10/2021 and 31/10/2021 will be governed by the regulations in force until 30/09/2021.
The same will apply to COVID-19 ETOP ERTEs that have an end date in October 2021. Companies that need to extend the measures will have to notify the Local Administration of their continuation and submit a collective application to the SEPE, according to the procedure in force until 30/09/2021.
To extend the benefits, the procedure referred to in Royal Decree-Law 18/2021 will be followed. Likewise, the communication of activity carried out during October (XML) will be sent between November 1 and 20 so that the corresponding payroll of benefits can be generated.
- New COVID FM ERTE (Temporary Employment Regulation File) for impediment or limitation of activity or ETOP COVID for transit from 01/11/2021
Article 2 of Royal Decree-Law 18/2021 establishes the possibility of new COVID FM ERTEs if new restrictions on activity prevent, from November 2021 onwards, the normal functioning of the company.
Once the new COVID-19/FM ERTE (Temporary Layoff Plan) has been authorized by the Local Authority, either by express resolution or administrative silence, the collective application can be submitted through the SEPE (State Public Employment Service) website. If the company had previously received authorization for a COVID-19/FM ERTE and submitted a collective application to the SEPE, the previously reported contribution base and weighted average will be retained.
IMPORTANT NOTE: If there is a transition between two temporary layoff schemes (ERTEs) of different types, a new collective application will not be required. However, a collective application must be submitted to the SEPE (Spanish Public Employment Service) if the transition occurs between a COVID-19 temporary layoff scheme (ERTE) and a COVID-19 temporary layoff scheme (ERTE) due to economic, technical, organizational, or production reasons (ETOP).
- Extraordinary benefits for fixed-term intermittent workers from October 2021
Workers who were affected by COVID-19 temporary layoffs (ERTE) during the last campaign period will be eligible for this benefit once the campaign ends and they become inactive due to their type of contract. The company will include them in the collective application for fixed-term seasonal workers (blue Excel spreadsheet).
This benefit will also be available to seasonal workers who were not affected by COVID-19 furlough schemes during the last campaign period and who become inactive as seasonal workers, even if they were entitled to ordinary contributory benefits. The company may include these workers in the collective application (blue Excel spreadsheet).
Workers who exhaust their regular contributory unemployment benefits before February 28, 2022, may be eligible for this extraordinary benefit. Applications to the SEPE (Spanish Public Employment Service) may be submitted collectively by the company or individually.
IMPORTANT NOTE: If these FD workers are on furlough due to COVID-19 (ERTE), not due to the end of the season, they will receive the standard ERTE benefit, not the extraordinary FD benefit. In that case, the company will include them in the corresponding collective application (purple Excel file).
For more information:
You can contact this professional office for any questions or clarifications you may have.
Warm regards,
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A Àmbit Assessor, SL has 40 years dedicated to the tax, comptable and labor consultancy of the Pime.
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