Tuesday, 26 May 2020

ERTE AND WORK IN BLACK: BENEFITS OR IRRIGATIONS?


With the COVID-19 crisis and the state of alarm, businessmen have had to stop production and adapt to new scenarios.



Just six months ago, the event we are currently experiencing was only associated with a science fiction story or post-apocalyptic series, but this pandemic has caused society to undergo all kinds of changes from a social, economic and political point of view.


On March 14, 2020, with Royal Decree 463/2020, a state of alarm was declared in order to manage the health crisis caused by COVID-19. Faced with the progressive advance of the coronavirus and the halt of companies, businessmen have had to act immediately, in record time and at a high cost at a professional and personal level; many of them started the ERTE procedures for their workers.

The Temporary Employment Regulation Files (ERTE), allow companies to terminate the employment relationship with their workers for a specific time, this has become one of the effective measures for Spanish companies to deal with economic and technical issues , organizational or force majeure, such as the impact of the coronavirus pandemic on their productive and therefore economic activity.


COLLAPSE IN THE OFFICES OF THE PUBLIC SERVICE OF STATE EMPLOYMENT (SEPE)

The avalanche of ERTE presented by the companies, with the aim of avoiding the dismissal of their employees, has caused the collapse in the offices of the State Public Employment Service (SEPE), with the consequent delay in the transfer of the benefit.
For this reason, the majority of affected workers have not yet received the benefit corresponding to the previous month, according to data published by SEPE, about 80,000 benefits are being processed daily, a figure that could complicate even processing all benefits before the end of month.
In this situation that many households are going through, having a job in black is a very present reality for many people. Although it is totally illegal, especially when there are cases in which people are charging the ERTE.

  



For this reason we want to tell you about the main risks involved:

• Unprotection of the worker: The employer does not have any type of responsibility over the worker. Therefore, if non-payments occur, the worker will be totally unprotected before the law and will lose their right to denounce the employer.
• Withdrawal from work: If you work in a black company, in the event of an accident at work and need to be discharged for a certain period of time, you will not be able to claim the subsidy for this disability, in addition you will not be able to receive income from this cause.
• Sanctions: In addition, the Treasury and Social Security may investigate the worker and punish him.



Oliver Detectives Privados is an investigative agency with a long professional career and experience in collecting legitimate evidence in cases of labor fraud. Our high knowledge in this type of investigation allows us to find the appropriate operative for each case in an agile way. Therefore, this type of irregular actions, in the long run, will generate more costs than benefits and we can provide the solution.


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