The High Court of Justice of Galicia has decided that ERTE periods due to COVID-19 are not considered as contribution time for the purposes of generating a new unemployment benefit. Although during the ERTE, employer contributions were exempt, the Social Chamber of the TSXG, following the criteria of the Supreme Court, has determined that the special regulations for COVID-19 do not allow these periods to be counted as contributions to extend the duration of future unemployment benefits.
COVID-19 ERTE periods
The ruling of the High Court of Justice of Galicia addresses the conflict that arose after the resolution of the State Public Employment Service. The SEPE denied the worker the calculation of the days she remained in a situation of ERTE due to COVID-19 as contribution periods for the purposes of generating a new unemployment benefit. The worker had been in a situation of ERTE from March 2020 to March 2022.
The court analyses the applicable regulations, focusing on article 24 of Royal Decree-Law 8/2020, which was enacted as an extraordinary measure to deal with the economic and social impact of the pandemic. This article establishes that the periods in which a worker is on ERTE must “be maintained as paid-in for all purposes.” This has generated controversy regarding its interpretation.
TSJ of Galicia | Protecting the worker from possible harm
The High Court maintains that this provision is intended to protect the worker from possible damages arising from the exemption from employer contributions during the ERTE. However, it clarifies that such protection does not imply that these periods should be considered as time contributed for the calculation of new unemployment benefits. In other words, the purpose of the regulation is to ensure that the worker is not disadvantaged by the exemption from contributions. However, it does not mean that these periods are added to the contributions for a future benefit.
Furthermore, the court relies on the doctrine of the Supreme Court. In several rulings, it has been confirmed that the special regulations issued during the pandemic do not modify the general rule established in article 269 of the General Law on Social Security. This article stipulates that the duration of unemployment benefits depends on the periods actually contributed, inseparably linking the right to the benefit with the performance of work activity.
COVID-19 ERTE periods do not count towards receiving a new unemployment benefit
The ruling concludes that the SPEE acted in accordance with the law. Days in a COVID-ERTE situation are not considered as time worked to generate a new right to unemployment benefits. In this way, it is reaffirmed that, despite the fact that the ERTE periods are considered “maintaining contributions” to avoid harm, they do not generate an extension of the worker’s rights beyond what is established by general regulations.
