Due to the health crisis caused by Covid-19 , the issue of ERTEs is booming since taiwan business mailing list a large part of companies have been forced to temporarily suspend not only their activity but also the contracts of their workers or reduce their working hours. BBM Abogados makes its office available to workers and companies that are in a situation of ERTE, not only to process the procedure but to resolve all the doubts that may arise from the beginning to the end of it.
Thus, we begin to answer a very common question these days with the arrival of summer: can I travel or go on vacation if I am in an ERTE situation? Are vacations generated?
Do I earn vacation time if I am on ERTE?
The answer is no. If I am on a temporary layoff, this situation is similar to when I am unemployed. No holidays are generated, because they are not considered days worked, but those days DO count towards Social Security. In the event that the workers already had their holidays agreed upon, but the contract is suspended, they must be cancelled and will not be counted as days consumed by the employees.
In the case of a ERTE for a reduction in working hours, the worker will generate vacations in proportion to the working hours .
Yes, but we must differentiate between the ERTE of suspension and the ERTE of reduction of working hours.
If you are on a suspension ERTE , you can spend your time travelling, going to the beach or even abroad (these days will not count as holidays). But if you are on holiday, the company can request your reinstatement at work. If you do not show up or refuse, the company can fire you through a disciplinary dismissal . Therefore, you can go on holiday but you have to be aware of any communication you receive from your company.
If you are in a ERTE for reduced working hours , you have the right to enjoy the accrued holidays. In addition, as indicated by BBM Abogados, the same holidays are generated as if you were working full time (as long as you continue working from Monday to Friday, or on the same days before the ERTE). In the event that the ERTE has caused you to work fewer days - for example: from Tuesday to Thursday - on those days that you do not work, the contract is suspended for the SEPE and therefore, those days do NOT generate holidays, only the proportion of the days that you work.