After a brief health recovery in Spain during the months of May and June, the situation has worsened in the last few months. For this reason, both the Spanish government and the competent authorities of the different autonomous regions have adopted new restrictions and containment measures that directly impact companies from various sectors.
In response to these potential restrictions, Royal Decree-law 24/2020 already introduced measures to mitigate the effect of this adverse situation for companies. These measures include the extension of force majeure ERTE (Expediente de Regulación Temporal de Empleo or Temporary Redundancy Plan) requested before 27 June 2020 and with effect until 30 September 2020, and the possibility to apply for an ERTE for COVID-19 resurgence.
What is the ERTE for COVID-19 resurgence?
The ERTE for COVID-19 resurgence is a labour flexibility measure, intended to companies that cannot run their businesses by cause of the new restrictions, and that cannot apply for a new ERTE due to force majeure.
Requirements and advantages of the ERTE for COVID-19 resurgence
The following table summarises the requirements and effects of ERTEs due to resurgence:
FORCE MAJEURE ERTE due to COVID-19 resurgence
(articles 47.3 and 51.7 ET + articles 31 and ff. of Royal Decree 1483/2012 + articles 22 and 24 to 28 of Royal Decree-law 8/2020
|Who can qualify
PERCENTAGE OF EXEMPTION until the 30 September 2020
If you have any questions regarding the ERTE for COVID-19 resurgence in Spain,
This article is not considered as legal advice