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The Labour Inspectorate will count on the Inland Revenue and the police to review Ertes

| News | Employment Law and Social Security

Alfredo Aspra analyses the main causes alleged in the Ertes

The Labour and Social Security Inspectorate, in cooperation with the State Tax Administration Agency (Aeat) and the State Security Forces and Corps, will verify the existence of the causes alleged in the applications and communications of temporary employment regulation files by Covid-19. This is ordered by the Government in the fourth additional provision of Royal Decree-Law 10/2020, which regulates recoverable paid leave and the collaboration of the entity managing unemployment benefits and the Labour and Social Security Inspectorate. This provision also establishes that in cases where the managing body detects signs of fraud in obtaining unemployment benefits, it shall notify the Labour and Social Security Inspectorate for "appropriate purposes”. 

Force majeure causes

In applications for Ertes, the employment consultants are alleging a series of causes in the files due to force majeure: 1) impossibility of opening by the authority’s decision; 2) closure of premises of influx of people; 3) restrictions on the movement of people; 3) lack of supplies; 4) urgent and exceptional situations due to the contagion of the staff or the adoption of preventive isolation measures, which have been decreed by the health authority and which are duly accredited.

The Erte for economic, technical, organisational and production (TOP) causes are, despite their greater complexity and the fact that the company continues to pay social contributions, those being chosen by large companies and many SMEs of a certain size.

Alfredo Aspra, partner in charge of the Employment area at Andersen Tax & Legal, states that the period of application of the TOP extends beyond the end date of the state of alert, which allows for a more gradual and progressive application of the TOP according to the real needs of the company and, therefore, subject to the recovery of normality of the company through the re-launching of economic activity. Thus, for example, the company can gradually bring its workers back from unemployment.

You can read the full article in El Economista

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