How recognized last Friday the Minister of Labor, Yolanda Díaz, not everyone affected by Temporary employment regulation files (ERTE) that have been launched during the emergency have received the corresponding provision from the Public State Employment Service (SEPE). Despite the fact that since March 27 — the day it was approved the simplified ERTE model– 3.3 million beneficiaries of unemployment benefits have already been paid, in Catalonia alone some 46,000 cases remain to be resolved.
The ERTE avalanche that began with the crisis derived from the coronavirus pandemic has strained the structure of the Administration and caused this delay. What can all workers do who, even though they are entitled to the benefit, have not yet received it? “The most convenient thing is to wait,” replies Lucía Gómez Barba, a lawyer from the Sanahuja Miranda law firm.
Communication to the employer
However, if the worker wishes, they have the option of filing a claim with the SEPE, although, yes, “this could take a long time to answer,” says Gómez. The first step will be to report the problem to the employer. This is so because the ERTE application has been processed by the company through a formal process and this must be aware of the incidents related to the file. Communication can be done by email.
Denied or underrated benefit
Secondly, when formalizing the claim before the SEPE, two cases must be distinguished. In the first, if the Administration has resolved the file denying the benefit or approving an amount with which the worker does not agree, he has 30 working days to claim.
“Under normal circumstances, this claim is delivered in person at the SEPE offices, but during confinement it is possible to do so by telematic means or certified mail,” explains Gómez. If you do not get any response within 45 business days from the filing of the claim, the worker can file a lawsuit with the Social Courts in the next 30 business days. This same period will apply in the event that the SEPE dismisses the claim.
Have the right and not charge
“The second possibility is that we have recognized the benefit, but the money does not come to our account,” says Gómez, who highlights that most of the inquiries that have reached his firm so far were related to this type of problem. The lawyer mentions as an example a clerk of a clothing store in Cádiz whose details of the ERTE benefit to which she would be entitled do not even appear in the electronic headquarters of SEPE. His last charge was on March 16.
In this case, the employee will file an equity claim with SEPE by the same means mentioned above. It will be possible to do it from the day after the one that is entitled to collect the benefit. That is, if the benefit for the month of May is collected until June 10, the claim can be filed from June 11. In this case, the Administration has a period of six months to make a decision. If you do not answer, the claim will be understood to be dismissed due to administrative silence and, from this moment, the lawsuit may be filed. In the case of obtaining an unfavorable express resolution, the period is two months from its notification.