Modifications to the regulation of coronavirus ERTE

RDL 15/2020 establishes, as of April 23, that force majeure in an essential activity may be partial and not extend to the entire workforce. In addition, the control and sanction mechanisms applicable to companies that submit fraudulent applications to obtain ERTEs are reinforced.

The modifications included are as follows:

With respect to the ERTES, the concept of force majeure resulting from COVID-19 is modified to include the possibility that the force majeure may be partial, in the sense of not extending to the entire workforce. For these purposes and in relation to those sectors considered essential in accordance with the declaration of the state of alarm, force majeure is considered to be present in the suspensions of contracts and reductions of working hours applicable to the part of their activity not affected by such essential nature.

–The control and sanction mechanisms are reinforced and to this effect, a new serious sanction applicable to companies that submit fraudulent applications for obtaining ERTEs is established. To this effect, the 2nd addic. 2ª RDL 9/2020 and art. 23.1 c) LISOS.

The liability of the company for the commission of this infraction will imply the return of the amounts unduly received by its workers, provided that there is no fraud or fault on their part. The workers will keep the right to the salary corresponding to the period of employment regulation initially authorized, deducting the amounts received as unemployment benefits.