The Minister of Labor, Yolanda Diaz, has announced this Friday that the Government has agreed prohibit layoffs, including those of temporary workers, while the coronavirus alarm state. “It is not necessary to fire anyone, this crisis is a parenthesis, and there are sufficient mechanisms to make a responsible use of public goods,” he explained at a press conference regarding the Temporary Employment Regulation Files (ERTE).

Díaz, who explained that this prohibition will be applied “from today, that the measures are approved”, thus implying that will not be done retroactively, has indicated that it has been ruled for a series of assumptions. On the causes in which dismissal is prevented, he said that “whenever there are economic, productive, technical, organizational and force majeure causes related to the coronavirus, it cannot be dismissed because we have arbitrated an exceptional mechanism with many public resources to facilitate ERTE. It would not make sense, “said the minister.

“No one can take advantage of this health crisis. Cannot use Covid-19 to fire“Diaz has insisted after the unions have warned that there could be up to 1 million layoffs in March, and that is why the Government has created a “social shield” so that no one is left unprotected, “legislatively addressing the impossibility of dismissals,” he remarked. Not even temporary workers. “With the excuse of Covid, temporary contracts should not be extinguished. They are interrupted, but will continue once the crisis is over,” said the Minister of Labor.

To guarantee the protection of workers in this crisis and that “no one is left behind”, the Executive has approved a simplification of ERTE. From now on, Díaz explained, it will only be necessary for companies to fill in a “simple form” with the worker’s details (their name, their DNI, their account number and the regulatory base) that they must send to the Public Employment Service. State (SEPE). “Y quickly we’re going to start recognizing all public unemployment benefits, even to those who do not qualify for it“, indicated the minister, who recalled that the” counter will be reset to zero “once the crisis is over, so that workers affected by an ERTE will not consume unemployment.

“Sure, everything can be improved, but the approved model is absolutely simple and emphasizes the fast and quick recognition of performance“Diaz, who has said that the figure of the ERTE has been approved” for the cooperative partners, “has influenced.

The minister wanted to launch a “clear message”, insisting that “it is not necessary to fire” and that “the public resources that belong to everyone must be used properly”. For this reason, he has warned, all the ERTE that are being approved will be reviewed “ex officio” and, in the event of false requests and inaccuracies (including lack of cause or lack of need for the ERTE), the employer may be sanctioned and must return the amounts received. “In the event of any type of fraud, the affected companies will have to return up to the last euro cent received, including unemployment benefit for workers “.

The duration of the ERTE, in any case, will be the duration of the coronavirus crisis. “Someone may be tempted to extend it,” and “it cannot be,” Diaz has expressed, who has also asked “not to confuse the causes of the dismissals with the classification of the dismissals (appropriate, inappropriate, null)”, because that it is the task of the judges. “If there are challenges for abuse or misuse, the courts will classify it a posteriori,” he warned.


Regarding the employers’ request that the condition of not firing in the six months after the resumption of activity to join the new ERTE be abolished, Díaz said that the Government’s commitment is “with the people most in need”, and that is why “the legislation that regulates these ERTE requires the maintenance of jobs”. “For the sake of the amount of public resources that we pour into the system, including exempting companies from payment to Social SecurityThere must be a commitment to maintaining employment. I ask employers to be exemplary and keep jobs

It has also recognized that SEPE is looking “overwhelmed” by amount of ERTE that are occurring, although it has called for tranquility. “They will be authorized with the mechanism approved today, and the benefits will be recognized promptly. It will be paid on the 10th, take it easy“confirmed the Minister of Labor, who has assured that the SEPE” will fulfill its obligations. “

“Peace of mind, that everyone is going to collect”, Diaz insisted, who took the opportunity to explain that workers with dependent children will receive the basic benefit and then they will later be recognized the supplement that corresponds to them if they have one or two or more children.



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