How does an ERTE affect the worker who is withdrawn?

Susana Zamora

Since the government declared the alarm, the number of companies that has resorted to the ERTE to keep a closed business and the workforce without going to work, it has not stopped growing.But how does that decision affect workers who are declining or if it takes place during the period of suspension of the contract?Casuistics vary, but some find an answer in the guides prepared by the Public State Employment Service (SEPE).In summary, the idea is that rights are not lost and some benefits are replacing others when they enter into force or expire.

What happens if the worker is ongoing and the company presents an ERTE?

If the company presents an errte of suspension or reduction of working hours, "the worker will not be affected by his measures until present the medical discharge," they explain from the SEPE.For example, if a person is on February and the company makes an ERT in March for three months, if they are discharged after the ERTE date, for example in April, «at that time it would affect the suspension measure, accrediting the completion of temporary disability with the presentation of the medical discharge ».

And in case of maternity leave or paternity?

SEPE's response is very similar to the previous.ERTE will not affect until "the end period for maternity or paternity permission ends".

What happens if the decline occurs once the employee is already affected by the ERTE?

If a temporary disability decrease is initiated due to common contingency during the ERTE, «the SEPE, by delegation of the National Social Security Institute (INSS), will pay the provision for temporary disability, whose amount will be equal to the unemployment benefit,with the corresponding consumption of days of benefit ».Coronavirus decline is considered temporary disability.

If a maternity or paternity decline will begin during the ERTE «the payment of unemployment benefit will be suspended and will begin to collect the benefit for maternity or paternity, managed directly by Social Security.Once the maternity or paternity benefit ends, the unemployment benefit will resume during the time it remains to be received the amount that corresponded to it at the time of the suspension, ”they point out.

Case study: A worker affected by an ERTE goes from 03/1/2020 to 8/3120 has recognized a 720 -day benefit.If in the month of April it is on low (30 days), the SEPE, by delegation of the INSS, would pay you the provision of temporary disability in the same amount as that of unemployment benefit.The 30 days in temporary disability are consumed of the duration of the benefit (720 recognized days of unemployment benefit, less 30 days perceived by decline, equal to 690 days of benefit are left at the end of the leave).