Work and dismissal during Corona
It has now been more than a year since we were confronted with COVID-19. In terms of employment law, this has had many consequences for some people and, depending on the sector you work in, you may have had less or much more work in these bizarre times than before. While the medical and pharmaceutical sector is particularly busy, the tourism and catering sector has been hit unprecedentedly. Fortunately, the vaccine brings a glimmer of hope for these latter sectors.
As a result of the corona crisis, many companies have been forced to close their doors temporarily, partially or even completely, and many employees have ended up in a so-called “ERTE“. An ERTE is a temporary suspension of the employment contract, whereby part of the salary is paid by the government. At the moment or within a short period of time, many companies are faced with the possibly forced choice to let the employees go back to work or to dismiss certain employees. The latter may be necessary to rescue the company.
However, employees cannot be fired at their sole discretion. Depending on the type of ERTE the employees are in, the dismissal may result in being illegal or void and the employer having to repay amounts received from the government in addition to severance pay. These can be large amounts. It is therefore important to study carefully what options there are and what consequences this can have so that you are not faced with unpleasant surprises.
The specialists of OTIS Advocaten are happy to assist you. Whether you as an employee are faced with an ERTE or a dismissal, or if you as an employer want to find out what the possibilities are in Spain, we can advise and guide you.
We are happy to help you from our offices in the Netherlands and Spain.
We have offices all over Spain. We are also present on the Balearic islands of Mallorca and Ibiza where our lawyers, who are specialized among other thigs in Real State, are happy to assist you.