Originally from France, Damien is a member of the French Bar and participates in the activities of the French Desk. He obtained most of his legal education in Montpellier and Paris, and later complemented a postgraduate degree in Spain. Upon completion, Damien moved to Barcelona and began working for a renowned Spanish law firm in the field of commercial law, contract law and international law. He has significant experience with start-ups specializing in new technologies, personal data and GDPR. Now Damien has joined our teams in Lexidy as part of the Corporate department. Languages: English, Spanish, French & Italian. You can contact him at Damien.Marquet@lexidy.es
As the situation develops, our lawyers are working alongside clients and authorities to provide regular updates on the consequences of an ERTE.
At this moment, the virus continues to spread around the world and the circumstances are ever changing. In Spain, the measures implemented are influencing all areas that have to adapt to the new situation. We aim to assist you during these difficult times by providing the tools to minimize the negative consequences and risk to you.
What are your rights if your employer filed an ERTE?
Following the publication of the Decree-Law dated March 18, 2020, any employee affected by an ERTE will be entitled to apply for unemployment benefit.
Indeed, if under normal circumstances, the perception of the unemployment benefit is subject to prior contribution for at least 360 days, this condition has been lifted, ie, every employee will be entitled to apply for unemployment benefit regardless of the period effectively worked.
How is the unemployment benefit calculated ?
If your employer filed an ERTE, the unemployment benefit will be calculated from the Social Security contribution base of the last 180 days.
This information is contained in the pay slip issued by the employer on a monthly basis, in the box “Base de cotización Seguridad Social“.
Once this base identified, employee will be entitled to receive 70 % of this amount for the following 180 days and then 50 % of this amount until the end of the ERTE.
How long will I be entitled to receive this benefit?
You will be entitled to receive this benefit until the finalisation of the ERTE and your return at work.
Will I pay Social Security Contributions and Tax Income?
Yes, you must keep contributing to Social Security throughout the period in which you receive unemployment benefit and paying income tax if applicable.