What are ERE and ERTE in the time of coronavirus?

ERE and ERTE are two measures that companies take. Take actions that affect workers when the situation becomes a crisis in their career. Due to the coronavirus health crisis Many companies have adopted these measures because they were not feasible. Cope with the situationYes, there are differences between the two ways of doing this.

Moreover, there are many companies that do not want to take such strict measures. And that is why they give their employees the opportunity to take early vacation of several days. during the period of confinementOf course, this is only a short-term solution. However, many companies have already taken such steps. It has been decided to take more stringent measures such as ERE or ERTE.

What is ERTE?

This measure, known as the abbreviated form, actually refers to the Temporary Employment Regulations File. and is regulated in Article 57 of the Workers’ Constitution Act. It includes suspension of contract or reduction of working hours due to economic, technical, organizational or production causes or from force majeure

Remote working can sometimes be the best option in cases where activities must cease.

Of course, the reasons for performing ERTE may be the same as the reasons for using them. to carry out ERE. The reduction of working hours will be between 10 and 70% of the working day calculated on a daily, weekly, monthly or annual working day basis.

In this case, the company is not required to cancel the employee’s social security coverage and cancellation will occur only if the employment relationship between the company and Employees resign, that is, in the case of being fired.. And in the case of a reduction in working hours, there is no need to cancel it; workers can still register with social security.

If at that time it is decided to carry out this ERTE there are persons on leave due to health problems, childbirth or paternity. Measures used by the company It will not affect you at the time it affects you. Discharge from hospital or sick leave ends due to the addition of a family.

Many industries have been greatly affected by the coronavirus crisis.

On the other hand, many companies have resorted to the option of forcing employees to take vacation during the red flag to avoid using ERTE on their employees, and some companies which working remotely is not possible This option is intended to be less aggravating.

What is an ERE?

Officially called Employment control recordsIt is regulated in Article 51 of the Workers’ Constitution Act. and specified therein as a total dismissal This means ending an employment contract based on economic, technical, organizational or production reasons.

Must occur within a ninety day period and must affect a total of 10 workers in companies with fewer than 100 employees. 10% of workers in companies with between 100 and 300 employees. 30 workers in companies with With more than 300 employees or the entire workforce, ERE can occur. For economic reasons due to negative results or for technical, organizational or productive reasons. On the other hand, the workers’ constitution considers prior consultation by the company with the trade union to organize Reduced layoffs or try to avoid them

Difference between ERE and ERTE

The first difference is that ERE can be applied regardless of the number of employees in the company or the number of people affected.

The most important thing about ERE is that ERTE is only earned. In a temporary crisis situation and there is no compensation paid to workers Decisions may be challenged by labor authorities. If there is no motivating reason for the legal situation of unemployment

ERE and ERTE are only temporary measures.

When applying ERTE, unemployed persons are entitled to receive unemployment compensation for a specified period of time. Although unemployment must also be taken into account. less than salaryAnd that is why incomes decrease. On the other hand, not everyone receives the same amount of money from this benefit. But it will depend on various situations.

Other mechanisms are less serious.

There are other legal methods. That can be applied to employees in sensitive situations to avoid ERE or ERTE:

• Unusual use of the day
• A testamentary agreement with a worker with a wide scope of action.
• Other flexibility measures Reducing working hours with the ability to recover later Leave without pay Paid leave, vacation leave, etc.
• possibility to apply important modifications of personal work