The SEPE clarifies the extension of the Temporary Employment Regulation Files (ERTE) due to force majeure until June 30, 2020 for those companies that cannot resume their activity due to force majeure after Royal Decree-Law 18/2020, of May 12.
We inform you that through the publication on its website of a simple guide, the SEPE answers one of the doubts that had arisen after the Royal Decree-Law on social measures in defense of employment: How to communicate the modifications made to the ERTE due to the progressive incorporation into activity?
The following situations may arise that modify the initial measures of the ERTE:
- The company is bringing all or some of its employees back to work. The ERTE (Temporary Employment Regulation File) form template will be used.
- The company reduces the working hours of all or some of its suspended employees: It will send the following information through the common electronic registryto the SEPE (State Public Employment Service), to the Provincial Directorate corresponding to the workplace:
1) The termination of workers' benefits through the ERTE BAJAS model.
2) Registration of the benefit on the COLLECTIVE APPLICATION form, indicating in the % reduction of working hours box the percentage of daily working hours worked.
- The company incorporates all or some of its workers on a full-time basis and on all or some days of the week: The periods of activity for the days worked will be communicated through certifc@2
- The company incorporates all or some of its employees on certain days of the week or month, alternating full-time and part-time days. The activity periods for these days, calculated based on hours worked, will be communicated via certifc@2. The total number of hours worked in the month will be divided by the number of hours in the employee's daily work schedule before the temporary layoff (ERTE), rounding to the nearest day.
Examples
- A full-time employee, before the temporary layoff (ERTE), worked 5 days in the month for the following hours: Day 1: 5 hours, Day 2: 3 hours, Day 3: 3 hours, Day 4: 6 hours, and Day 5: 2 hours. The total hours are 19; divided by 8 hours for a full-time daily workday, the result is 2.3. The result is rounded up to 2 days, as the decimal is less than 5. Therefore, 2 days of activity are reported.
- A worker who was part-time before the ERTE (Temporary Layoff Plan), at 70% of the working day (28 hours per week distributed from Monday to Thursday), works 15 days in the month: 6 days at 1.5 hours/day and 9 days at 2 hours/day. The total hours worked are 27; divided by 7 hours of working day (Monday to Thursday) gives a result of 3.86. The result is rounded up to 4 days, as the decimal is above 5. 4 days of activity are reported for this worker.
- The company incorporates all or some of its employees every day of the month, but with varying percentages of working hours: Activity periods for the days calculated based on hours worked will be communicated through certifc@2, following the examples above. The total number of hours worked in the month will be divided by the number of hours in the employee's daily work schedule before the temporary layoff (ERTE), rounding up.
Therefore, the following situations may be reported to all or several employees of the company:
DO I HAVE TO RESEND COMPANY CERTIFICATES FOR ALL MY EMPLOYEES?
It will not be necessary to send new company certificates as long as it is the same ERTE (Temporary Employment Regulation File).
WHAT HAPPENS TO WORKERS WHOSE MEASURE IS NOT MODIFIED?
No notification is required. Employee benefits will continue to be paid as usual until June 30, 2020.
CAN ANOTHER MEANS OF COMMUNICATION BE AGREED UPON WITH THE PROVINCIAL OFFICES?
The Provincial Directorate of the SEPE and the company may agree on other forms of data transmission, provided that the security of communications is guaranteed and all necessary information is provided.
See the Guide. You will find more information in the Companies section of the COVID-19 section of SEPE.es.
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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