Last minute! Guide with publications in the Official State Gazette on 05/13/2020
The 1st Guide that answers all your questions as a freelance and SME.
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Can companies continue in an ERTE?
Yes. Those companies and entities that will have a temporary employment regulation file based on article 22 of Royal Decree Law 8/2020, of March 17, may continue in a situation of total force majeure derived from covid-19.
How long can you continue in an ERTE?
The companies affected by the causes referred to in article 22 of Royal Decree Law 8/2020, in no case may continue beyond June 30, 2020.
If I have done an ERTE, can I recover part of the workers?
Yes. You will be able to reincorporate the workers according to your business needs.
What do I have to pay to social security if I continue in ERTE with all the workers?
In companies with less than 50 workers, nothing. Social Security exempts you from the payment of the months of May and June 2020. In companies with more than 50 workers, the exemption from payment to Social Security will be 75%.
What do I have to pay to social security if I reinstate a worker??
If you reinstate any worker, the exemption will reach 85% of the business contribution accrued in May 2020 and 70% of the business contribution accrued in June 2020, when the company would have had less than 50 workers.
If the company has 50 or more workers, the exemption will reach 60% of the business contribution accrued in May 2020 and 45% of the business contribution accrued in June 2020.
Do I have to pay anything to social security for the workers who are still in the ERTE??
The answer is yes. Social Security applies an exemption that will reach 60% of the business contribution accrued in May 2020 and 45% of the business contribution accrued in June 2020, when the company had less than 50 workers, the rest must be paid by entrepreneur.
In companies with more than 50 workers, the exemption will reach 45% of the business contribution accrued in May 2020 and 30% of the business contribution accrued in June 2020.
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