The State will review ex officio all the Temporary Employment Regulation Files (ERTE) that are presented due to the coronavirus crisis. Have four years to check that they are correct, as confirmed by labor sources. In the event that the process is fraudulent, you can demand that the company pay the fees to Social Security and return the unemployment that your workers received.

The Government thus covers its backs, since many ERTE are being approved by administrative silence due to the collapse in the employment offices. In other words, they are automatically accepted if no reply has been received within five days of their submission. This is a problem, since it may be the case that some of the supported processes do not meet the necessary requirements.

The Minister of Labor, Yolanda Díaz, informed that the companies will have to return the unemployment benefit that their workers received, in the event that the ERTE is declared fraudulent. “They will have to return every last cent of the euro received,” he said at the press conference after the Council of Ministers held this Friday. In addition, they must pay workers the difference in wages not received during that period, as Labor sources point out.

To avoid that these employment regulation processes continue to be accepted by administrative silence, the Government has streamlined its processing. From now on it is only necessary fill in a “simple form” with the data of the workers (name, DNI, account number and regulatory base) that they must send to the Public State Employment Service (SEPE). This also ensures that affected employees receive the strike on April 10.

“Sure, everything can be improved, but the approved model is absolutely simple and emphasizes the quick and quick recognition of benefits,” Díaz said. The Executive of Pedro Sánchez has also approved the figure of ERTE “for the cooperative partners”, with the intention of avoiding the maximum number of layoffs for the duration of the confinement due to the coronavirus.


Since Royal Decree 8/2020 was approved, about 225,000 ERTE have been presented, according to the last count of the autonomous communities and the General Directorate of the Ministry of Labor presented last Thursday. In total, more than 1.7 million workers are being affected by this process.

The most affected sectors are tourism, hotels, restaurants, automobiles, aeronautics and fashion. Companies such as Meliá, El Corte Inglés, Pikolín or Volkswagen have officially presented their temporary employment regulation files in recent weeks.


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