ERTE / Penalty system and reimbursement of undue benefits

Royal Decree-Law 9/2020, of March 27, which adopts complementary measures, in the labor field, to alleviate the effects derived from COVID-19, published in the BOE on 03/28/2020, establishes:

It is foreseen that the applications submitted by the company to request the suspension or reduction of the working day on a temporary basis in the employment regulation proceedings (ERTE) that contain false or incorrect information will give rise to the corresponding penalties, being also punishable, in accordance with the provisions of said regulation, the conduct of the company consisting of requesting measures in relation to employment that are not necessary or do not have sufficient connection with the cause that originates them, provided that they give rise to the generation or collection of undue benefits.

Without prejudice to the administrative or criminal liability that legally corresponds, the company must pay to the managing entity the amounts received by the worker, deducting them from the salaries not received that would have corresponded, with the limit of the sum of such salaries.

The obligation to repay the benefits provided for in the preceding paragraph, as an accessory sanction, shall be enforceable until the statute of limitations of the infringements referred to

At the same time, it establishes the duty of collaboration of the entity managing unemployment benefits with the Labor and Social Security Inspectorate, which must notify the latter of any cases in which there are indications of fraud in obtaining unemployment benefits.