COVID-19 UPDATE WORK LAW - NEW DEVELOPMENTS IN THE FIELD OF SHORT TIME WORK

Short-time work (procedure for suspending or limiting the working time of employment contracts, or ERTE for short) is one of the most important instruments in Spain in the government's fight against the economic consequences of the Corona pandemic.

The Ministry of Labour has now declared in a note that the reduction/reduction of working hours under an ERTE procedure due to force majeure as a result of the corona pandemic can be easily revoked/mitigated. This applies both to employment contracts that have been suspended and to those where the working hours have been reduced.

The purpose of the measures taken in the area of short-time working in mid-March was both to facilitate and accelerate the corrsponding procedure and to protect employees. In view of the positive sanitary development, it is now appropriate to revive the economy as far as possible and to return to a "new normality" as soon as possible.

Thus, if, in the course of the resumption of economic activities, it is possible for companies to withdraw or mitigate the measures taken in the ERTE procedures (increase the number of hours, etc.), they should be able to do so as unbureaucratically as possible. The formal requirements should be kept to a minimum and the relevant changes should simply be notified to the labour authorities.

In this way the economy should be stimulated as quickly and unbureaucratically as possible .

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Fernando Lozano
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