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
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