24-02-2022

Extension of the ERTE COVID until March 31

The limitation and impediment ERTEs and the ETOP COVID ERTEs in force as of 2-28-2022 are automatically extended until 3-31-2022, with access to exemptions in Social Security contributions of up to 90%. In terms of unemployment, the current protection mechanisms are maintained, such as the zero counter and the exemption from the grace period, and the extraordinary benefit for people with a discontinuous permanent contract is extended for another month.

RDL 2/2022 automatically extends until 3-31-2022 the following ERTEs linked to COVID-19 that remain in force as of 2-28-2022 (RDL 2/2022 disp.adic.1ª):

Those in force as of 9-30-2021 that have been extended (RDL 18/2021 art.1).
The ERTE of limitation or impediment implemented as of 10-1-2021 as a result of new restrictions and health containment measures linked to COVID-19 (RDL 18/2021 art.2)
ERTEs due to Force Majeure linked to COVID that request their transit to ERTE ETOP (RDL 18/2021 art.5.1).

Until 3-31-2022, the complementary measures associated with ERTEs related to COVID-19 (RDL 18/2021) apply. However, the exemptions in the Social Security contribution are reduced, which, during the month of March, will be the following (RDL 2/2022 disp.adic.2ª):

1. ERTES of limitation, according to the number of workers, the registration or assimilated situation and according to whether or not they carry out training activities:

Template	No training actions for workers in ERTE	With training actions for ERTE workers
10 or more workers	20% (before 40%)	60% (previously 80%)
Less than 10 workers	30% (before 50%)	60% (previously 80%)

The following companies and entities are also beneficiaries of these bonuses (RDL 18/2021 art.4.3):

Companies that belong to sectors with a high rate of coverage by ERTE and a low rate of recovery of activity whose ERTE was extended from 1-10-2021 (RDL 11/2021 disp.adic 1ª 1 y 2).
Companies that will transition, from 1-10-2021, from an ERTE due to force majeure to an ERTE ETOP (RDL 11/2021 disp.adic 1ª.1.2ª).
Companies that, having been classified as dependents or members of the value chain, will transition, from 1-10-2021, from an ERTE due to force majeure to an ERTE ETOP.

2. ERTES of impediment :

Template	Percentage (%)
Whatever the number of workers	90% (previously 100%) of the contribution accrued during the closing period

Unemployment

The measures established up to now in terms of unemployment continue to apply to the workers affected by the extension of the ERTE. Thus, the unemployment benefit is extended until 3-31-2022 without the requirement of a grace period and in an amount equivalent to 70% of the regulatory base.

In addition, the replacement of the unemployment benefit is maintained (counter at zero) until 31-3-2022. From that date, the time in which the unemployment benefit is received does not count for those who, before 1-1-2023, access the unemployment benefit for any of the following reasons:

termination of a fixed-term contract;
dismissal, individual or collective, for ETOP reasons;
dismissal for any reason declared inadmissible;
by end or interruption of the activity of workers with fixed-discontinuous contracts, including those with part-time contracts who perform fixed and periodic jobs that are repeated on certain dates.

In the case of new benefits started as of 1-1-2027 , the time of provision consumed since 1-10-2020 (RDL 30/2020 art.8.7 drafting RDL 18/2021) does not count.

The extraordinary benefit is also extended until 3-31-2022 for people with a discontinuous permanent contract or who carry out permanent and periodic work (RDL 18/2021 art.7).

For its part, the duration of the extraordinary benefits and subsidies provided for the cultural sector (artists in public shows, technicians and assistants and bullfighting professionals) extend until June 30, 2022.

Note:

As of 4-1-2022 , companies that need to adopt measures to suspend contracts or reduce working hours to deal with the effects of the crisis caused by COVID must resort to the new permanent mechanisms incorporated by the labor reform ( ET art.47 and 47 bis).