SEPLA News

09/09/2021
Unemployment consumption during the ERTE
How much unemployment have I consumed and how much will I have left for the future as a result of the ERTEs during the pandemic?
  • How much unemployment have I consumed and how much will I have left for the future as a result of the ERTEs during the pandemic? 

 

 

The pandemic situation that began in March 2020 has pushed us into an unexpected crisis, both socially and in terms of employment, where we have seen diminished our capacity to work and earn an income, only mitigated by the application of the ERTE formula. 

 

 

Although we are now overcoming the worst of the crisis and flight activity is gradually recovering, there are still doubts about the effects of the application of the ERTES.   Through the following points we will try to clarify some of the common questions regarding the consequences of ERTES on our right to generate unemployment and other contributory benefits. 

 

  • Can I receive unemployment benefit even if I have not paid enough contributions? 

 

 

Yes, both Royal Decree 8/2020 of March 2020 and the successive laws extending the ERTEs give workers the right to receive unemployment benefit even if they have not contributed the minimum time required. This protection with respect to the minimum time has been maintained through various extensions until the 30th of September. 

  • Does my current unemployment benefit use up unemployment benefit for the future? 

If you have had days of unemployment after the 1st of October 2020, you have started to use up unemployment benefit for the future, with the following exceptions: 

  • If the benefit is applied for later than the 1st of October 2026. 

  • If you apply before the 1st of January 2022, provided that the termination of the employment relationship is due to the end of a temporary contract, individual or collective dismissal for economic, technical, organisational or production reasons, or any dismissal declared unfair.  The following are thus excluded from this exception:  

  • disciplinary dismissals; 

  • terminations of contract requested by the worker by virtue of a substantial modification of working conditions or geographical mobility;  

  • objective dismissal due to supervening unsuitability or lack of adaptation to the job; and  

  • voluntary resignation or abandonment of the job. In this case, there is no entitlement to unemployment after voluntary redundancy, but if the worker then works and he/she is dismissed or the contract is terminated, unemployment will be consumed. 

 

  • How is the unemployment benefit used up in the case of ERTE suspension or reduction of working hours? 

 

 

In the case of a reduction in the working day due to ERTE, the benefit generated will be used up in hours and not days. Therefore, the percentage consumed will be equivalent to that of the reduction in working hours. 

 

 

In the case of contract suspensions, as it is the case of pilots, it is calculated as follows: 

  • In the case of suspension that affects only certain working days of the month, for the purposes of payment and consumption of unemployment benefit, these working days are multiplied by a coefficient of 1.25. This coefficient shall be applied to the total number of working days in the month, and in no case may exceed the sum of these days to be received by the worker for wages and unemployment benefits, the calendar days corresponding to that month. 

  • In the case of suspension that affects all days of the week, for each day of suspension that unemployment benefit is received, one day of entitlement is used up. 

  • Do I generate unemployment during the ERTE? 

 

 

The days during which a worker is on ERTE do not pay unemployment contributions, so they do not add up to new contributions for the purposes of unemployment. 

 

 

However, there is a non-final ruling by the 6th Social Court of Bilbao, according to which, the time during which the worker remains in temporary lay-off proceedings (ERTE) is counted as paid contributions for the purposes of future unemployment benefits. 

 

  • How does ERTE affect my contributory pensions? 

 

 

When you are on ERTE and receiving benefits, the same as when you are unemployed, you continue to pay Social Security contributions on the average basis of the last 180 days prior to the situation, i.e., on the same basis as you were paying contributions in the company, which means that contributions continue to be paid for contributory benefits such as disability or retirement.  This is not the case for unemployment benefits, as no contributions are paid for this purpose during the ERTE.   

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Desprotegidos ante el ERTE