Unemployment for seafarers
What rights do workers who receive the contributory benefit generated by an ERTE derived from the DANA have?
Workers affected by an ERTE resulting from the DANA:
- They are entitled to a contributory benefit for suspension of the contract or reduction of working hours due to the DANA.
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This benefit does not require previous contribution periods (no minimum of 360 days of work and contributions).
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There is no consumption of contribution periods (no expenditure of contributions).
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Seventy per cent of the regulatory base will be paid for the duration of the benefit.
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If you are receiving a contributory benefit for compatibility and would prefer to receive this, you should ask your employer not to include you in the collective claim.
If you are a worker affected by an ERTE derived from the DANA, remember that you do not have to submit an individual application for benefits to the ISM. It is the company that is responsible for submitting the collective application on behalf of its workforce.
Which workers are entitled to contributory benefits generated by the ERTEs caused by the DANA?
- Employees who have their employment contract suspended or their working hours reduced due to the DANA.
- Workers with a fixed-term contract whose activity is interrupted or who are unable to join the call.
- Worker-members of cooperatives and worker-owned companies.
How should companies make a collective application to the ISM for ERTE force majeure or ETOP benefits?
Once the ERTE has been approved by the Labour Authority or after 5 days due to positive silence, companies must submit the ERTE via Certific@2:
- Collective application for benefits on behalf of their workers, which must be made on the official template (Excel model to be published on the Social Security website – www.seg-social.es) and sent via a new service on the SEPE'e-Office (sede.sepe.gob.es).
- Files of periods of activity and inactivity (XML), which will be sent via Certific@ if there is any day/hour of activity, once this service has started.
- The monthly calendar for the control of the activity by the labour inspectorate.
Detailed information on the steps to follow can be found on the SEPE website.
Who applies for ERTE force majeure or ETOP benefits?
It is up to the companies affected by the DANA to make the ERTE application and the collective claim for benefits for their workforce.
The applications to be made by companies are as follows:
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File the ERTE with the Labour Authority.
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Submit a collective application for employees, which must be made on an official template (Excel model to be published on the Social Security website – www.seg-social.es) and sent through a new service on the SEPE's e-Office (sede.sepe.gob.es). In addition, it will also be submitted, as indicated below, via Certific@2.
The ERTE must be approved by the Labour Authority. However, if they have not received a reply within 5 days, it is considered to have been approved by positive administrative silence and they will be able to submit the collective application for benefits.
Unemployment for seafarers
Companies affected by the DANA can request a Temporary Redundancy Plan (ERTE) due to force majeure or due to economic, technical, organisational or production causes (ETOP) for their workers, according to Article 47 of the Workers' Statute.
The measures that can be adopted are the temporary suspension of the work contract or the reduction of the working day of the workers.