• Extension: These are the new ERTEs proposed by the Government and they have not yet convinced employers and unions

The Government wants to extend until December 31 of this year

the veto of the objective dismissal

for causes related to COVID-19, as contained in the draft presented by the Ministry of Labor to the social agents in the negotiation to extend the ERTE beyond September 30.

Article 2 of Royal Decree-Law 9/2020, of March 27, with which the Government established that they could not be

"understood as justifying the termination of the employment contract or of the contract will

remain in force until December 31, 2020.

dismissal "

causes related to the pandemic, according to the Efe agency.

This meant vetoing the objective dismissals -with 20 days of compensation per year worked- covered by COVID-19 and,

in practice, making them more expensive

since they would be considered inadmissible with greater compensation (33 days per year) or null.

The draft also includes the extension until December 31 of other measures approved in these months such as the interruption of the calculation of the maximum duration of temporary contracts affected by COVID or


, which gives the right to

adaptation and / or reduction of the working day, with the consequent salary reduction, for the care of minors.

Regarding the ERTE, the Government also proposes an extension until December 31 and, in those of force majeure, confine them to companies of a series of economic activities, yet to be determined, as well as companies from other sectors but that prove to depend of the first.

Thus, to be considered a company "especially affected by the pandemic" and continue with an ERTE of force majeure without belonging to the sectors that are set in the final text, it must be shown that, during 2019,

50% of the business has come from companies yes including

or document other types of circumstances that prove that dependency.

The text does not yet go into detailing the new bonus schemes that these ERTEs will have, nor those of the so-called ETOPs, to which companies can travel from force majeure if necessary, nor the regrowth schemes that are left open to companies of any activity.

It would be a model of "differential protection, not sectoral" that does not convince either employers or unions that do not want an agreement with a new expiration date in December.

Nor is this text set

the percentage on the regulatory base

that the benefits of workers affected by an ERTE will maintain from the sixth month.


the end of the counter is set to zero

, that is to say that as of October 1, the benefits consumed by workers in ERTE would be subtracted from future periods of unemployment, an aspect rejected by both employers and unions.

And an extraordinary benefit is proposed for the end of the campaign for people with a fixed discontinuous contract affected by an ERTE.

The government, employers and unions

will meet again tomorrow Monday

to continue negotiating in search of an agreement on the conditions under which the temporary employment regulation files (ERTE) will be extended beyond September 30.

Currently, around 800,000 workers remain in ERTE, which means that more than three quarters of the workers who were included in a file (more than 2.5 million) have left it, the vast majority to return to their job

According to the criteria of The Trust Project

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