Compatibility between part-time work and unemployment benefits derived from a temporary layoff (ERTE) due to force majeure. New regulations.
Several months have passed since the start of the extraordinary measures to address the economic and social impact of COVID-19, which were published in Royal Decree-Law 8/2020 of March 17.
One of the issues that the government did not take into account was the unemployment benefits for ERTE (Temporary Employment Regulation File) due to force majeure for workers who also had a part-time contract in another company or companies, resulting in a reduction of their benefit, and therefore, a reduction in the unemployment benefit they would have been entitled to.
In other words, workers affected by a temporary layoff (ERTE) due to force majeure related to Covid-19, who also worked part-time for another company not affected by suspension measures, were negatively impacted in the calculation of their benefits because the portion corresponding to the hours worked was deducted. These workers can now request a one-time compensation payment to offset this situation, using a form that is not yet available, until June 30, 2021. This compensation must be requested through the SEPE website, and if no express decision is received by July 31, 2021, the request will be considered rejected.
Furthermore, with this new regulation, workers affected by the extension of the regulation files included in article 22 of RDL 8/2020 as well as for the new ERTEs due to impediment or limitation and the ETOP due to economic, technical, organizational and production causes linked to COVID-19 (regulated in articles 1,2,3 of RDL 30/2020), who combine a part-time job, will not have the proportional part of the time worked deducted from the amount of the benefit.
In conclusion, it should be noted that in this new Royal Decree-Law the Government takes into account the group of workers, disregarding the incompatibility of Article 282.1 of the consolidated text of the Social Security Law.
If you believe you may be eligible to claim compensation in a single payment or have any questions, please do not hesitate to contact our specialized Department Labor for further information and a personalized quote.
Do you have any questions about this topic?
Our team of expert advisors will help you resolve any issues related to our services.
Contact us now
She studied Accounting and Taxation at the AELLA study center and Labor Relations at the Afige business school, later specializing in Payroll Management at the Barcelona College of Social Graduates. Her professional activity focuses on business consulting, in which she has extensive experience. In November 2007, she joined the Àmbit Assessor team, where she currently works as a Labor Consultant.
Latest posts by Marta Claudia Jabares
(see all)
Related
