I had an accident “in itinere” ten days before the company was temporarily closed due to the state of alarm and sent us all to ERTE, which I charge 75% of the base through the mutual. For my community and consent, under normal circumstances, the company closes the remaining 25%, but in this case, it is not. I have a fixed-term contract (501) with an end date of 31.07.2020 and I have been on suspensive ERTE for 90 days. When I returned, the company informed me that these 90 days would be automatically extended by ERTE, so October 31st is the new end date of my fixed-term contract. Hello, I have finished ERTE and returned to work, the company has reduced my working day by 50%. Is it legal? Can they do that? And if so, do I have an advantage in cutting my salary in half? Thank you very much. The reduction of working hours referred to in this article constitutes an individual right of employees without its exercise being transferred to the other parent, adopter, guardian or foster worker. Article 68 of the Workers` Statute stipulates that the legal representatives of workers “shall take precedence over remaining in the undertaking or workplace over other workers in the event of suspension or dismissal for technological or economic reasons”. Hi well, my company took me out of the era to work in a shop that is 65 km from my home, they told me it would only take a few weeks, it wasn`t, for x reasons I stayed 10 days without a car and asked them to send me to my home store, which is 25 km from my home, After these 10 days, I told them that I would no longer have my own car, that if they could leave me in my shop, my boss would say no at that time and that she would send me back to the first. Would that be legal? Are you forcing me to go to a store further away from the 40 km provided for in my contract? In the event of a reduction in working hours for legal guardianship (direct care of a child under 12 years of age or of a disabled person who does not carry out paid work), account must be taken of the fact that, when calculating the basis of assessment for unemployment benefit, up to 100% of the contribution bases that would have corresponded to him if he had continued to work without the reduction.
Hello Alejandro, I work in a language academy, but I have been in a total ERTE since March 13th and the company has extended the whole ERTE until July 5th. My employment contract is a “fixed-term employment contract” from October 1st until the “end, of course”. Normally, the academy runs from September to July, but theoretically my contract would end on June 19. I understand that if the suspension of my contract ends due to the end of the state of alert (and the end of the ERTE), the calculation will continue as if there had been no such period. This means that the company is obliged to hire me for six months after the end of ERTE. If, during the period of validity of the temporary EUA, the rest period for the birth and care of a minor begins, the payment of unemployment benefit is suspended and the benefit for the birth and care of a minor administered directly by the INSS is abolished. At the end of the maternity leave, the unemployment benefit is taken over for the period remaining to be received and the amount corresponding to it at the time of suspension. I have a fixed-term contract that ends on September 30. My company has been in ERTE force majeure since April 1st. We first had an ERTE until June 30 and renewed the ERTE until June 30. September.
During all this time, my working day was reduced to 50%, I did not stop working. Hello. First of all, thank you for opening this query window. I`ve been working as a chef in a restaurant for almost two years, with a fixed contract and an eight-hour day. The company used ERTE due to COVID19 and the processing on their part was quick as they also own the agency that carries the documentation. To date, they have not contacted me with the issue of delays caused by the SEPE in processing my “COVID unemployment”, I had to solve it due to many emails and phone calls, although I have not yet loaded it. The problem is that they reopened on May 26, but not with all the staff. I was not one of the elected officials and I understood it thanks to a “breath” from someone in the agency.
In the same way that I know that they have the idea of suspending the menus during the summer (which I have been responsible for until now) and that they plan to say goodbye to me, I suppose that if the extension of ERTE ends on June 31 and offers me to call back in September, in exchange for that I have not given the liquidation of these two years, that I was with them, something that looks more like blackmail when you look at the aspect. It takes everything. It seems to me that this should not be legal, but I have no idea if they can release me or if they have to forcibly wait for an ERTE or reopening deadline to be met. The truth is that I don`t know what legal situation I`m in or what rights I have. Thank you in advance for your time and everything you will do. It depends on the cause of the fixed-term contract. It is true that there is a binding clause of permanence, so we do not dismiss for six months, but in your case it would be the end of the fixed-term contract, legally it is not a dismissal. At the moment it is activated, the contract is suspended or the working day is shortened to enter the legal situation of unemployment.
My doubts are: in my company they make us an ERTE on March 14, this company reopens this week and they tell us that they keep the ERTE until June 16 (date on which our contract also ends), they do not tell us anything about the extension of the contract as long as in ERTE. In which cases is the contract extended? Our contract is a fixed-term part-time employment contract with a start date of September 27 and an end date of June 16. The transition from the situation of obstacle to the situation of limitation does not require the processing of a new act of the Regulation on temporary agency work. Answer: The reduction of working hours for the care of a minor (also called “legal guardianship”) is regulated by Article 37.6 of the Workers` Statute (ET) as follows: that employees may not return to ERTE. The appropriate way to do this is to temporarily assign ERTE workers by communicating periods of employment. Hello hello: This is a company that has several small shops in shopping malls. In one of these stores, 3 girls work on permanent contracts. One of them is in a situation of reduced working hours due to legal guardianship. You intend to dismiss them, but in this situation, unless it is due to a disciplinary dismissal or an EUA, it will not be true? AN ELECTRONIC AUCTION COULD BE APPLIED BY REDUCC. WORKING DAY OR TEMPORARY SUSPENSION OF THE CONTRACT FOR YOU ALONE? And the other two workers were offered a reduction in working hours (signing an agreement with them in which they voluntarily accept the wage reduction for a certain period of time). Sales usually aren`t going well, but they don`t want to close the centers just yet.
I do not know what the best solution would be: with regard to the worker in legal detention, you are now proposing the EUA, as I said, and as for the other two girls, one of them could possibly be released objectively. Although in principle, as I said, they voluntarily signed a temporary wage cut. Greetings and thanks for your attention The reduction of working hours for legal guardianship is an individual right of employees, men or women, and does not change the legal nature of the employment contract. This means that an employee who has a full-time employment contract (of indefinite or fixed duration) does not have to amend this contract and sign a new part-time contract simply because he has his right to reduce the working time for legal guardianship. The contract therefore remains the same, and the only thing that happens is that temporarily, while this reduction in working hours continues (which may be the case until the child is twelve years old), his salary is reduced in the same proportion as he has reduced his working day (between the limits of one eighth and half). At the end of this reduction in working hours for legal guardianship, you will return to your previous day. Hello, thank you for your support in these uncertain times. I hope you can help me with the big question: I have a permanent part-time contract since September 2018, 37 hours a week. I was a total ERTE (suspension) for force majeure from March 14 to May 26. On .bat 26, my employer verbally (without writing, even when I wondered) to adjust me to a reduced workday the next day, 8 hours a week instead of 37.