Ten days confined in the house have given to much. The imagination has been thrown to fly, we have united more than ever to our neighbors from the balconies, we applauded to all the health personnel of our country.

All of this has been very good, but the time has come to think of our work situation. As is logical, if we are not able to leave the house and if the companies can’t open to the public, the economy has remained stagnant and this has had an impact on many workers.

Last week our Government published the financial measures that would be carried out because of the COVID-19 and in our office we have collected the most frequently asked questions we have made our customers.

is What rights do I have if I have been fired?

Any employee dismissed, whether for disciplinary reasons or for economic reasons, has the right to unemployment always and when it has the time of contribution required to access this provision. In addition, if the dismissal is for an objective cause, the worker is entitled to compensation of 20 days salary per year worked, up to the amount of 12 monthly installments.

When the dismissal is unfair, the worker would be entitled to a severance pay increased. In this case would be 33 days of salary per year of service, capped at 24 monthly instalments.

how I can force you to take vacation? how Is it legal?


There are companies that have offered their employees a ‘vacation forced’ in those companies where the teletrabajo is not possible.

The holidays should be agreed between employee and worker. In addition, they must be preavisadas two months in advance. In this case, the worker has the right to sue those holidays granted by the company.

is Can you disminuirme the workday?

In the case of a reduction of the working day, this must have decreased temporarily between 10 and 70 percent, with a proportional reduction in the salary. This reduction should be agreed on the corresponding procedure and be caused by reasons of economic, technical, organisational or production.

I have been dismissed by the Coronavirus How Do I ask for unemployment?

As expected, due to the coronavirus, the offices of the State Employment Public Service (SEPE) has deleted his attention to the public, like Social Security. To perform any type of procedure, they recommend using their online office.

is The company I proposes to accept the dismissal, and promises me that I will hire after that. Can I do that?

The company may not adopt a decision of dismissal, that is a final decision to solve a temporary problem as it is the
coronavirus. Therefore, you will have to adopt other measures to solve the problem. Some examples are telework, adaptation of the functions or the most popular that we’re going to talk about it throughout this blog: the suspension of the contracts by means of the procedure of ERTE.

Some of the questions that have come to us have been the following:

what I am entitled to unemployment?

The worker affected by a ERTE is located in a legal situation of unemployment. The Service of State Employment (SEPE) has announced that these workers will not have to request an appointment to request the arrest, but that the management of your delivery will be processed between your company and the SEPE.

is what if I have not quoted enough?

Whoever is left without work for a ERTE may charge you for the delivery although it does not meet the requirements to do so. In addition, the unemployment rate is charged for the duration of the health crisis not be reduced in the first nine months of the unemployment benefit.

The State will be the one who is in charge of both of these benefits, such as paying Social Security contributions.

If I am low for temporary disability, Can you make me a FATE?

The company has to make a record that has been communicated to all workers the start of the ERTE. You will have to sign the sheet of communication that you send. However, this does not affect you in your situation. You will continue with your sick leave and then, when you’re supposed to reincorporarte to work, you will go into the unemployment situation.

is how Much will I get paid during the ERTE?

During the duration of the ERTE the worker be charged for the unemployment benefits that correspond to him, that is to say, 70% of the computation base during the first six months in unemployment, and 50% from the seventh month.

In addition, it has been determined that it will not count the time in which the worker in copper delivery to effects of consuming the maximum period of perception of the provision. This is what is called ‘counter to zero’.

I have a part time contract Can affect me the FATE?

The people who work part-time or under contract, fixed-discontinuous is going to be

affected differently in their activity by the Covid-19, because, by the

features of their contract type, are not likely to be affected by ERTE

but directly by a period of inactivity

Cristobal Rueda

Autor Cristobal Rueda

En ocasiones el trabajo profesional se convierte también en amigos de clientes. Hoy disponemos de numerosas herramientas digitales que posibilitan y facilitan esa tarea. El blog es una de ellas y siempre ha sido mi preferencia, ya que permite reflexionar sobre el tema. En Perfil_blog a modo de diario profesional en línea compartimos conocimientos profesionales, experiencia e información que puede ser útil para el crecimiento de su empresa. Un abrazo. Cristóbal Rueda, gerente de Perfil Asesor.

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