The ERTE counts as time contributed for unemployment benefits. In other words, the time during which the worker remained in a temporary labor force adjustment plan (ERTE) is counted as having contributed for the purposes of future unemployment benefits. According to a court in the Basque Country.
The ERTE counts as time contributed for unemployment benefits.
This judicial decision, the first of its kind in this matter, has its legal basis in Royal Decree Law 8/2020 which regulated the first ERTE. And which established that the exemption of the company from Social Security contributions would not have any effect on the worker.
The Court has considered that the measures adopted to favor the employer cannot have negative effects for the worker. Therefore, despite the exoneration of contributions (absence of contributions by the company), the Court establishes that the period in ERTE will be considered as having been contributed for all purposes, including unemployment benefits.
However, the State Public Employment Service has filed an appeal before the High Court of Justice of the Basque Country.
It should be recalled that the Temporary Employment Regulation Expedients (ERTE) had a series of obligations and rights for the workers:
- In case of Suspension of the Employment Contract. The workers would be in a legal situation of unemployment for the purposes of processing the benefits before the S.E.P.E. (Social Security).
- In case of Reduction of the Working Day. The affected workers would also be in a legal situation of unemployment for the reduced time.
We will await the results of this appeal.
Arrabe Integra
Labour Consulting and HR Management
