How can SMEs and the self-employed apply for an ERTE?
During the state of alarm caused by COVID-19, SMEs and freelancers have also been forced to request an ERTE.
To carry it out, they must prove that the suspension of the work activity is due to reasons of force majeure such as:
- Contagion or isolation of the template
- Temporary closure of the premises
- Lack of provision
- Losses of activity whose direct cause is COVID-19
- Restrictions on the posting of workers
To request an ERTE, SMEs and the self-employed affected by COVID-19 must process the request electronically in their Autonomous Community.
The reasons of force majeure must be demonstrated before the labor authorities. This is done with a report that accredits the alarm status within the SME and its repercussion. Likewise, the self-employed who have workers in their charge, must justify the situation of the employees affected by the suspension of the activity.
The self-employed or SMEs interested in requesting an ERTE, must maintain the contracts of the employees for at least six months. In other words, the future projection of the business must be taken into account. And it is that once work activity resumes, the SME must maintain the contract of its workers.
In the case of temporary contracts, SMEs and freelancers with employees under their charge will not be in default. This as long as the contracts expire during the agreed period, or because the work or service has been completed.
Other reasons to request an ERTE
During the alert state, the easiest thing is to request an ERTE for reasons of force majeure. However, there are organizational, economic or technical reasons that oblige SMEs and the self-employed to carry out a Temporary Employment Regulation File.
The most convenient thing is to request an ERTE for reasons of force majeure and avail yourself of the measures ordered by the Government. In this case, the employer is exonerated to pay the Social Security contributions of its workers.
If the ERTE is requested for other reasons, the employer will not pay the wages of its workers. However, you must pay the corresponding Social Security contribution fees.
Self-employed workers or SMEs with less than 50 employees will have a complete exemption. If the company has 50 or more employees, the exemption would be 75%. In the case of self-employed workers it will be 100%.
If you are self-employed or owner of an SME and have doubts about how an ERTE affects you, at Duguech & Dip we advise you in the process.
Legal Notice: Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing on this article should be used as a substitute for the advice of competent legal counsel. The content on this article is offered only as information. And does not constitute solicitation or provision of legal advice. You should always consult a suitably qualified lawyer regarding any specific legal problem or matter.
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