In the case of ERTE ETOP, some changes are introduced to facilitate its processing, and also flexibility in its application, especially for SMEs; so that the consultation period is reduced to 7 days for companies with less than 50 workers, if the representative commission has previously been constituted.
When it comes to ERTE BY FORCE MAJEURE, understanding as such impediment and limitation, as classic force, the impediment or limitations to the normalized activity determined by decisions of the government authority would also be added, as a specific cause.
There is also the network mechanism for flexibility and stabilization of work, which must be activated by the Council of Ministers, after informing the most representative organizations, at the proposal of Economic and Digital Transformation Issues; on the other hand, Labor and Social Economy and Inclusion, Social Security and Migration, which is responsible for opening the door but not for deciding whether companies, individually, can benefit from it. The labor authority will give the green light if the company has developed a consultation period and if there is a concurrence of causes.
Other new aspects are the incorporation of the RED Fund: Attached to the Ministry of Labor and Social Economy, which will finance the needs of the RED Mechanism in terms of benefits and exemptions, including training.
It is also a new novelty that companies will make collective applications in the SEPE electronic headquarters; and that workers will receive 70% of the regulatory base throughout the period.