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Unemployment

1. What specific measures of unemployment protection do workers affected by ERTEs have?

  • Recognition of the right to contributory unemployment benefits, even if the worker has not yet accumulated the minimum contribution period necessary.

  • In the event that the contributory unemployment benefits are due to the current extraordinary circumstances, the time in which they are received will not be taken into account when calculating the maximum enjoyment period established by law.

2. What happens to workers affected by a company’s decision to adopt such measures whose right to a previous unemployment benefit or subsidy had been suspended?

A new right to contributory unemployment benefits will be recognised.

3. What amount will the new contributory unemployment benefit be?

The amount shall be 70% of the average of the contribution bases received over the last 180 days of contribution or, failing that, over the inferior period immediately prior to the legal unemployment situation, worked under the labour relationship affected by extraordinary circumstances that have directly resulted in the suspension of the contract or the reduction of working hours.

4. How long will the new entitlement to contributory unemployment benefits be recognised?

The duration of benefits being received due to a period of suspension of a work contract or temporary reduction in working hours will be extended until the end of said period.

5. Is there any specific protection or cooperative workers?

The same measures have been agreed for those who have the status of working members of labour societies and cooperatives who have filed for unemployment as for workers affected by an ERTE.

6. Will intermittent permanent workers be granted any specific protection?

In the case of intermittent permanent workers whose contracts have been suspended as a consequence of the impact of COVID-19, but who would otherwise have been working during this period, their unemployment benefits will be reinstated for up to 90 days  when they are once again unemployed.

8. What happens to initial registration requests and the renewal of unemployment benefits and subsidies if they are made outside the legally established time periods?

The current period of extraordinary measures does not imply a reduction in the duration of the right to the corresponding benefits.

9. What do I have to do if I am the beneficiary of unemployment benefits and have to file an extension application along with supporting documentation to demonstrate that I still meet the access requirements?

During the current period of extraordinary measures, it shall be extended ex officio by the managing entity, so the interested party will not have to submit the request for an extension.

As provided for in final provision ten of Royal Decree-Law 8/2020, of 17 March, this measure shall remain in force until one month after the end of the declaration of the state of alarm, unless the Government decides to extend it by royal decree-law, therefore, until one month after the end of the state of alarm, the ISM shall, on its own initiative, extend all subsidies that may be extended, provided that the previous six-monthly right has expired after 31 January.

After the month following the end of the state of alarm, beneficiaries must submit the application for the extension of the subsidy in accordance with Article 276.2 of the TRLGSS.

10. What do I have to do if I am a recipient of the subsidy for workers over 52 years of age and have to present my tax return to the managing entity?

During the current period of extraordinary measures, neither payment of the subsidy nor Social Security contributions shall be interrupted even when the mandatory annual tax return is made outside the legally established period.

As provided for in final provision ten of Royal Decree-Law 8/2020, of 17 March, this measure shall remain in force until one month after the end of the declaration of the state of alarm, unless the Government decides to extend it by royal decree-law.

During the period referred to in the preceding paragraph, payment of subsidies for persons over 52 years of age and the Social Security contribution shall be maintained by the ISM even if its beneficiaries do not file the annual income tax return. This shall apply to all subsidies in which the twelve months from the start date of the right or from the date of its last resumption have been expired on or after 23 February 2020.

After this period, persons benefiting from the subsidy for persons over 52 years of age must submit the annual income tax declaration in accordance with the terms laid down in Article 276.3 of the TRLGSS. In the case of persons who had to present the return during the state of alarm, an appointment will be arranged to formalise the return.

11. Do I have to register as a job seeker to apply for an unemployment benefit or subsidy if I have not been affected by an ERTE?

Autonomous employment services are adopting new measures to include telephone or online registration. Check the instructions of the public employment service for your autonomous region for renewal of or registration for job offers.

12. Who is the competent managing entity?

Depending on the social security scheme you belong to it will be SEPE or ISM for sea workers.

7. How to request unemployment benefits

14. How to communicate ERTE modifications

Below is a Basic Guide to communicating MODIFICATIONS  to ERTEs due to the progressive incorporation of activity:

En la siguiente tabla podrá descargarse los siguientes Documentos.
Documentos Download Fecha
Guía Básica Modificaciones Medidas ISM Descargar documento Guía Básica Modificaciones Medidas ISM. The document will open in a new window.(PDF,590 KB) 21/05/2020
Esquema cuadro variaciones ERTE Descargar documento Esquema cuadro variaciones ERTE. The document will open in a new window.(PDF,275 KB) 21/05/2020

13. Can I remove a worker from an ERTE?

Yes, as they resume work you can withdraw them from the ERTE, but maintaining their employment.

En la siguiente tabla podrá descargarse los siguientes Documentos.
Documentos Download Fecha
Guía básica FIN ERTE Descargar documento Guía básica FIN ERTE. The document will open in a new window.(PDF,507 KB) 27/04/2020
Guía básica BAJAS ERTE Descargar documento Guía básica BAJAS ERTE. The document will open in a new window.(PDF,506 KB) 27/04/2020

17. Information on the application procedure for companies

You can download the following documents from the attached documentation:

  • Information sheet
  • Collective application template ERTES RD-law 30/2020
  • Template collective application for unemployment benefits at the end of the season for permanent-discontinuous workers-RD-law 30/2020
En la siguiente tabla podrá descargarse los siguientes Documentos.
Documentos Download Fecha
Hoja informativa Descargar documento Hoja informativa. The document will open in a new window.(PDF,321 KB) 09/10/2020
Plantilla solicitud colectiva ERTES RD-ley 30/2020 Descargar documento Plantilla solicitud colectiva ERTES RD-ley 30/2020. The document will open in a new window.(XLSX,162 KB) 09/10/2020
Plantilla solicitud colectiva de prestaciones por desempleo por fin de campaña de los trabajadores fijos-discontinuos-RD-ley 30/2020 Descargar documento Plantilla solicitud colectiva de prestaciones por desempleo por fin de campaña de los trabajadores fijos-discontinuos-RD-ley 30/2020. The document will open in a new window.(XLSX,160 KB) 09/10/2020

16. What new measures have been approved for permanent seasonal workers in Article 9 of Royal Decree-Law 30/2020.

A new extraordinary benefit is established for people  who work seasonally and for those who carry out fixed and periodic work that is repeated on certain dates, the duration of which will be until  31 January 2021. Those eligible for this new benefit will be:

  • Those who cease to be affected by an ERTE COVID on reaching the date on which their period of activity would have ended. In this case, the company has to submit a collective application on behalf of its employees. They will receive this ordinary benefit even if they have sufficient contributions to qualify for the ordinary contributory benefit.

  • Workers who are or  have been beneficiaries of one or more  of the measures provided for in letters b) to d) of Article 25.6 of Royal Decree-Law 8/2020 if, once exhausted before 31 January 2021, they are still unemployed and are not entitled to receive unemployment benefits at the contributory or assistance level. In this case, it is the workers themselves who must submit the application.

15. What new measures have been approved in unemployment in the application of the ERTEs COVID-19 as a consequence of RD-LEY 30/2020.

For workers affected by ERTE derived from COVID 19, the days that they receive the contributory benefit  from 1 October 2020 until 31 January 2021 will be subtracted from the duration of the benefits that are subsequently recognised whose starting date is prior to 1 October 2026.

However, no such consumption will be made for those who receive a new benefit before 1 January 2022 due to the termination of a fixed-term contract or  due to dismissal for economic, technical, organisational or production reasons,  or for any other reason if the dismissal is unfair.

The amount of the benefit will be 70% of the regulatory base, without prejudice to the maximum and minimum amounts of unemployment benefits, and regardless of whether more than 180 days of benefit have been received.

As of 30th September 2020, the amount of benefits granted to persons affected by ERTE shall not be reduced by the proportionate part of the hours worked in other jobs held on the date on which they were affected by the ERTE.

  • Employees affected by ERTE who have had the proportional part of the time worked in other jobs deducted from their benefits are entitled to financial compensation in a lump sum.
  • Companies with workers affected by temporary lay-offs processed in accordance with the provisions of Articles 22 or 23 of Royal Decree-Law 8/2020 of 17th March 2020, which are in force on 30th September 2020, must submit a new collective application for unemployment benefits before 20th October 2020. Companies must send the file with the periods of activity (XML) of the workers in September 2020, before 20 October.
  • Companies that, in the temporary employment regulation procedures  for the reasons set out in Article 23 of Royal Decree-Law 8/2020, of 17 March, notify the labour authority of their decision after 30 September 2020, must submit a collective application for unemployment benefits within fifteen working days following the date  of the legal unemployment situation. These workers will receive the benefit provided for in article 25.1 of Royal Decree-Law 8/2020 until 30 January 2021 at the latest, even if they do not have sufficient contributions to do so.
  • Those affected by the ERTE  regulated in articles 22 and 23 of Royal Decree-Law 8/2020, of 17 March, and those who have been affected as of 1 July,  or will be affected as of 1 October 2020 by  temporary employment regulation proceedings due to force majeure arising from COVID 19 as a result of the adoption of new restrictions or containment measures (due to a new spike) may receive or continue to receive the unemployment benefit until 31 January 2021 provided for in section 1 a) of article 25 of Royal Decree-Law 8/2020, of 17 March, even if they lack sufficient contributions to do so, provided that the start of the employment or corporate relationship was prior to 18 March 2020.
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