Lawyers for Temporary Labour Force Adjustment Plan (ERTE)

Alarmed by the spread of the coronavirus viral pandemic (COVID-19), the national economy has not been slow to experience a negative impact, not only on the growth of the economic system, but even on its consolidation, having recently witnessed a countless number of societies that have been forced to take extraordinary labour regulation measures as a result of a standstill in their activity and caused by a resentment of demand on the part of the remaining economic agents.

Among the above measures, we would highlight the rise of the so-called Temporary Labour Force Adjustment Plan (ERTE). An ERTE is a type of administrative procedure aimed at suspending or reducing an employment contract by the management of a company. From a legal point of view, the ERTE is a mechanism that, in spite of being gaining importance in recent days, is included in Article 47 of the “Estatuto de los Trabajadores”, which states that “the employer may suspend the employment contract for economic, technical, organizational or production reasons, in accordance with the provisions of this article and the procedure determined by regulation“.

At LETSLAW we have a service of professional experts in labour law and more specifically in the regulation applicable to Temporary Labour Force Adjustment Plan, and in this sense, we can assist both companies and individuals in the following matters

• Preparation of reports on the viability and compliance with the requirements necessary to activate a Temporary
• Redundancy Scheme, except in cases of ERTE Express.
• Application and monitoring of the procedures to set up an ERTE in a company.
• Management and advice during the whole process of execution of an ERTE, including the call for the ERTE.
• Processing and legalization of the proposal before the labour inspection, if necessary.
• Individual advice to the worker on his legal situation and management of the necessary documentation before the SEPE to access unemployment benefits.
• Communication of intermediation between the company and the worker about the state of the ERTE.