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Que es el ertes laboral
erte wikipedia
Unemployment benefit is received after involuntary, definitive or temporary loss of a job, or after the reduction of the daily working day, agreed in the corresponding procedure.
It includes Social Security contributions which, in cases of collective dismissal, will be made for retirement, temporary disability, permanent disability, death and survival, health care, maternity, paternity and care of minors suffering from cancer or other serious illnesses. In cases of suspension or reduction of working hours, Social Security contributions will be made for all contingencies.
In the case of reduction of the working day, this must have been temporarily reduced by between 10 and 70 percent, with a similar reduction in salary, be agreed in the corresponding procedure and be caused by economic, technical, organizational or production reasons.
The payment of the benefit will be made in monthly installments of 30 days or for the lesser period that, as the case may be, corresponds, between the 10th and 15th of the month immediately following the month of accrual. It will be made, except in exceptional cases, by crediting the account of the financial entity indicated by you, provided that you are the account holder.
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For his part, Díaz specified that the financing of the training actions –which will have between 30 and 40 hours and must be carried out before June 30, 2022– will be done through the current subsidized systems of training for employment.
The Council of Ministers also approved yesterday the increase of 15 euros in the minimum interprofessional wage to 965 euros per month in 14 payments. Díaz suggested that he intends to increase it again by January 2022: while the leader of UGT, Pepe Álvarez, threatened yesterday that if by that date the minimum wage does not rise to 1,000 euros, this union «will not sign any more agreements with the Government».
Finally, the ministers have recalled that the Government has also extended until the end of February the MECUIDA plan, which makes it easier for workers to adapt the working day to care for children and family members. And the aid to professionals of artistic activities created by the pandemic has also been extended until that date.
It is regulated by article 47 of the Workers’ Statute and the company may suspend the employment contract or reduce the working day for various reasons: economic, technical, organizational, production or force majeure.
A) Companies belonging to sectors with a high number of ERTEs and a low rate of recovery of the activity, considered as «especially affected», included in any of the codes of the National Classification of Economic Activities (CNAE). In this case, access to exemptions is AUTOMATICALLY recognized.
B) Companies integrated to the value chain of the companies of letter A), which implies that at least half of the direct turnover of 2019 were operations with sectors included in any of the codes of the National Classification of Economic Activities provided in the Annex of RDL 30/2020.
Companies under letter B) must submit a request for declaration as a dependent company or member of the value chain between October 5 and 19. The labor authority will issue a resolution within 5 days, following a report from the Labor and Social Security Inspection.
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ERTE stands for Expediente de Regulación de Empleo Temporal and is a measure taken by companies when, for justified reasons (economic, technical, organizational, production, or due to force majeure), they decide to temporarily suspend or reduce the contracts of their workers. This means that the employees, on a temporary basis, either stop working or work less hours.
No, as long as the employee is on temporary disability leave prior to the start of the ERTE. During the temporary disability, the employment relationship is suspended and, therefore, cannot be included in the temporary suspension ERTE. However, he/she can be included at the moment he/she is discharged due to temporary disability.
