On September 30, Royal Decree-Law 30/2020 of September 29 on social measures in defense of employment was published, which entered into force on 10/1/2020 and whose main novelties are those that are detailed below.
➢ The automatic extension of all ERTES in force due to force
majeure is established until 1/31/2021.
➢ Exemptions from social security contributions are eliminated, with some
exceptions.
➢ 3 types of ERTE are established from 10/1/2020 and until 1/31/2021:
➢ Sectors with a reduced recovery rate: the previous ERTE is extended. It will be applied to companies whose CNAE is included in those approved in this Royal Decree-Law, as well as to companies that are part of their value chain (50% of their 2019 turnover depends on them) or depend indirectly with these companies. In this case, there are quota exemptions (85% for all workers in companies with less than 50 workers) (+ 50 workers: 75%)
➢ Due to activity impediment (former regrowth ERTE): A new ERTE must be requested. It can be processed by those companies that are prevented from carrying out their activity as a result of the health measures adopted by the Administration. In this case, the bonus is 100% of the business quota in companies with less than 50 workers (+50 workers: 95%).
➢ Due to activity limitation (new): A new ERTE must be requested. It can be processed by companies that see the development of their activity limited as a result of the measures adopted by the Administration. In this case there are bonuses that will be 100% for the month of October, 90% for November, 80% for December and 70% for January in companies with less than 50 workers. (+ 50 workers: 90%, 80%, 70% and 60%)
➢ The commitment to safeguard employment for 6 months is established again, starting to count again in the ERTES of impediment and limitation of activity.
➢ As of 10/1/2020, all workers affected by an ERTE will consume their accumulated unemployment benefit.
Exception to the consumption of the unemployment benefit: the unemployment benefits enjoyed will not be computed as consumed, when a new right to benefit from the same is accessed before January 1, 2022 as a result of the termination of a contract of determined duration or of an individual or collective dismissal for economic, technical, organizational or production reasons, or a dismissal for any cause declared inadmissible.
Deberá comprobarse si su empresa tiene derecho a las bonificaciones de la Seguridad Social