ERTE. Prestaciones y Subsidios de Desempleo. Requisitos.

Abogados Laboralistas IN DIEM. Especialistas.

ERTE. Employee Benefits.

Workers affected by a Temporary Employment Regulation File, or more commonly known by its acronym ERTE, are entitled to their corresponding unemployment protection.

Requirements to access the benefit in case of suspension of the employment contract due to an ERTE.

To access this benefit, the following requirements must be met:

1st.- Be in a legal situation of unemployment.

2nd.- Register as a job seeker (and maintain said registration while receiving the benefit). Likewise, you must comply with the activity commitment included in the application.

3rd.– To receive the contributory benefit, you must have worked and contributed to unemployment for at least 360 days within the six years prior to the legal situation of unemployment, and not have used the contributions from that period for a previous benefit.

4th.- The unemployment subsidy may be received if you have contributed for a period of less than 360 days, provided that your income does not exceed 75% of the current interprofessional minimum wage, without taking into account the proportional part of two extra payments.

5th.- Not have reached the ordinary retirement age, unless your contract has been suspended or your daily working hours have been reduced.

6th.- Not engage in self-employment or full-time employment for another, unless compatibility is established by an employment promotion program.

7th.- Not receive a Social Security pension incompatible with work.

Of course, in the event of contract suspension, this must be agreed upon in the corresponding procedure, be temporary, and be caused by economic, technical, organizational, production, or force majeure reasons.

In the event of a reduction in working hours, this must have temporarily decreased by between 10 and 70 percent, with an analogous reduction in salary, be agreed upon in the corresponding procedure, and be caused by economic, technical, organizational, or production reasons.

Amount of the benefit in case of suspension of the employment contract due to an ERTE.

Workers affected by a Temporary Employment Regulation File (ERTE) are — as we have mentioned — entitled to their corresponding unemployment protection.

The daily amount of the contributory unemployment benefit depends on the regulatory base (base of professional contingencies from the last 180 days contributed).

The amount of the unemployment benefit, in case of contract suspension, will be:

1st.- During the first 180 days, 70% of the regulatory base.

2nd.- From day 181 (until the end of the benefit), 50% of the same regulatory base.

In any case, these benefits have minimum and maximum amounts assigned by the SEPE for the year 2020. In this regard, workers

A.- Without dependent children: Minimum of 501 Euros and maximum of 1,098 Euros.

B.- One dependent child: minimum of 671 Euros, maximum of 1,254 Euros.

C.- Two or more dependent children: Minimum of 671 Euros, maximum of 1,411 Euros.

Employment Lawyers | IN DIEM: Malaga, Seville, Madrid, Las Palmas de Gran Canaria, Almería, Huelva…

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