October 28, 2020

The employers and the unions support the pre-agreement with the Government to extend the ERTE until June 30



The CEOE employers and the CCOO and UGT directorates have given the go-ahead to Pre-agreement to extend the ERTE until June 30, which the social agents reached with the Ministry of Labor last night. The Employers ‘Executive Committee has endorsed the document this Friday, as confirmed by sources from the employers’ organization to eldiario.es. It has done so after several hours of a meeting of its management in which there have been significant discrepancies in the process, reports EFE.

The decision of the employers’ executive was key to this agreement with the Executive and the workers’ representatives, since the employers’ association has been the one who has put the most problems in the negotiation on the adaptation of the ERTE to the end of the crisis by the coronavirus.

The board of directors to which the text of the pre-agreement to prolong the ERTE has been submitted this Friday morning has been convulsive, according to reports to the EFE agency employer sources, with many criticisms and positions against important employers who reject the clause of safeguarding employment for six months after ERTE. The Ministry of Labor relaxed this criterion in the pre-agreement, so that it does not apply to companies that are “at risk of bankruptcy.”

For their part, with less doubt that this would happen, the CCOO Executive Commission and the UGT Confederal Committee have ratified the agreement this Friday. “The consensus secures jobs and allows the productive fabric to be reactivated in conditions of flexibility and to move towards a dishibernacion with reinforced economic and labor pillars and guarantees,” says UGT in a statement.

CCOO General Secretary Unai Sordo, for his part, said on Twitter that the ERTE will continue to be key “in the coming months, with the improvements in rights that we have achieved. The country and the working class undoubtedly deserve this kind of news. ”

ERTE until June 30

After several weeks of meetings, finally last night CEOE, Cepyme, CCOO and UGT reached this principle according to the Ministry of Labor after a meeting that lasted almost nine hours, in which Secretary of State Joaquín Pérez Rey was in charge of Labor .

The pre-agreement assumes that the ERTE due to force majeure, which today decline with the state of alarm, would last until June 30 in some circumstances in which companies could not return to activity due to the COVID crisis. -19, either totally (for the total workforce in the ERTE) or partial (in the event that part of the workers could rejoin their positions or resume their normal working hours).

The document defines how far the most advantageous conditions in unemployment coverage will go. The ‘counter to zero’ (that these months do not discount the right to unemployment in the future) and the guarantee of unemployment benefit in case the minimum contribution is not met would be extended until June 30. For discontinuous permanent workers, very numerous in the tourism sector, the highest unemployment protection already agreed would extend until December 31, if this principle of agreement goes ahead.

Regarding the exemption of quotas, if companies are unable to resume their activity until June 30, the exemptions would remain as before: complete for companies with less than 50 employees and 75% for those that exceed that level. template.

In the event that companies can partially start operating in May and June, to remove a group of workers from ERTE, the exemptions would be reduced, with more support for small companies.

For companies with less than 50 workers, the State would cover 85% of social contributions in May and 70% in June of employees who restart their activity. Regarding workers who still remain in the ERTE, public funds would cover 60% of the social contributions that the company must pay in May and 45% of those corresponding to June.

In companies with 50 or more workers, the State would pay 60% of the May contributions of the employees who resume the activity and 45% of those corresponding to June. In addition, companies would be exempt from paying 45% of the May dues and 30% of the June dues for the employees who remain in the ERTE.

Exclusion of companies in tax havens

The pre-agreement reached yesterday establishes that companies and entities that have their tax domicile in countries or territories classified as tax havens may not extend the ERTE. This was another of the points that it cost to get ahead in the negotiation with Labor and the unions, according to sources of the social dialogue.

In addition, if companies lengthen their files thanks to this new decree-law, they will not be able to distribute dividends during the fiscal year in which they have applied the ERTE, except if they return the money corresponding to the exemption applied to Social Security fees.

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