argia.eus
INPRIMATU
GERMÁN Kortabarria ERT in bloom
  • The shaking that has caused the damn virus in our lives has been similar to the one that has produced the ray thrown into the slow-water pond. It has made our daily life quieter or tighter, not knowing when and how we will return to normal activity.
Hiruka .eus 2020ko martxoaren 21

The government – that of Spain, of course, because this crisis has revealed the subordinate character of our rulers – has taken protective and isolation measures to prevent the spread of the disease, albeit late and perhaps too short. Subsequently, the Decree-Law, published on 18 March, has implemented a wide range of measures, largely relating to the conditions of workers.

Among these measures, I will highlight the special regulations that are laid down to facilitate Temporary Regulation Dossiers (ERTE). It has to be said that the measures adopted by the Government do not offer any support to the precarious: to the irregular, especially the undocumented, who work out of the ordinary, and to the domestic workers.

The Decree-Law includes two types of ERTE: Those presented by an exceptional situation or force majeure directly derived from COVID-19 and by economic, technical, organizational or production causes, provided that there has been a direct effect of COVID-19.

The first class of UTE, which we can call “esprés”, can be presented without negotiation with the workers or their representatives and the labor authority must decide within five days.

In the second type EE.UU, the employer is obliged to open a seven-day consultation period with the workers’ representation to clarify the reasons for the dossier and to negotiate the conditions.

Workers in two types of TEUs may receive unemployment benefit – even if they have not previously completed the minimum contribution period – and the time of the exceptional situation shall not reduce the time of unemployment benefit they have earned.

The rule also provides for a reduction in working hours or the adaptation of the hours for the care of family members under certain conditions.

Of course, the Decree-Law is much broader than the circumstances listed here and anyone seeking the terms of their situation should go to more complete sources. See final links.

Finally, the criteria to be followed by the official representatives of the workers in each undertaking or, failing that, by the workers themselves:

  • To try to negotiate the conditions that workers will have in the TEU and, even more difficult, in the "express" TEU that are presented by the situation of force majeure.
  • Ensuring that the cause for the UTE is the one that actually stems from Covid-19.
  • This is a dossier of a fixed duration, which may not at present exceed one month.
  • That all previous employment, fixed and precarious, be guaranteed after the exceptional situation.
  • The TEU must determine the personnel included in the file according to the reasons given by the company. The dossier cannot be generalised without further delay, unless the health criteria recommend it.
  • Negotiate the unemployment supplement in order to reach the full wage in that period.
  • Be careful to sign future commitments that may be detrimental to the whirlwind generated by the UTE.

Capital has used serious situations to implement the “shock” strategy and gain positions. On the contrary, we will use the “shock” that this time has exposed the cracks of capitalism to value and strengthen the spirit and collective work, class solidarity, unionism, auzolan, organized society…