The General Union of Workers (UGT) has launched two new help channels to request the ERTE benefit, a situation in which thousands of people are still affected by temporary files, due to covid-19. The union has set up two contact lines through WhatsApp and an email so that workers can seek advice and make complaints.
UGT has established two lines of contact through WhatsApp (690 266 948 and 699 986 596) and the email [email protected] so that people who are in this situation can go to training to claim the benefits derived of the ERTE.
From the UGT they assure that hundreds of thousands of workers have suffered delays in the collection of their corresponding benefit and that part of them remain uncollected even since mid-March and, therefore, without income throughout this period.
UGT makes its organization available to all affected people, to file a claim with the SEPE, thus helping them to obtain the collection of this benefit as soon as possible and prevent many of these people from deepening the crisis situation generated by COVID- 19 for two and a half months, when the state of alarm began in our country.
Here you can download the application to claim unemployment benefit (ERTE)
How to file an administrative claim
Lucía Gómez Barba, an expert lawyer in labor law from Sanahuja Miranda, explains that “the casuistry of each person must be distinguished. In the first place, if it is a SEPE resolution denying the worker’s benefit, or we do not agree with the approved amount, we must file a prior claim with the SEPE itself within 30 business days of the resolution”.
This claim can be submitted electronically or by certified mail (under normal circumstances also in person at the SEPE offices). If the SEPE does not answer our request within 45 business days from the presentation of our previous claim, we can file a claim with the Social Courts within 30 business days. The same 30-day period is applicable in the event that we obtain an express unfavorable resolution.
“A different case is that we have the benefit recognized, but the money does not reach our account. In this case, we can file a claim with the SEPE, by the same means mentioned above. We can do it from the next day since we have the right to collect the benefit, that is, if the benefit for the month of April is charged until May 10, we can file a claim as of May 11, “the lawyer specifies.
The administration has a period of 6 months to resolve, in case of not doing so, it will be understood as rejected by administrative silence, and from this moment on we will be able to file a lawsuit. In the event of obtaining an unfavorable express resolution, the deadline for filing the claim is 2 months from the notification of the resolution.
How to file a lawsuit?
To file lawsuits before the Social Courts against the SEPE, the intervention of a lawyer or attorney is not mandatory as long as we are in the first instance. However, it is advisable to go with a lawyer or social graduate (the figure of the attorney in these procedures is totally dispensable, in fact, it is hardly carried out in practice) in order to carry out this process.
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