ERTE in Spain: Worker Rights

An ERTE (Expediente de Regulación Temporal de Empleo) is a legal procedure by which a company temporarily suspends or reduces employment contracts, usually during a crisis. It has significant consequences for workers.

What happens under an ERTE?

The contract is not terminated; it is suspended or your hours are reduced. You remain an employee, but during the suspension the employer does not pay your salary.

Your right to unemployment benefit

During an ERTE you are entitled to unemployment benefit (prestación por desempleo), even if you haven't met the usual minimum contribution period. The employer must report the measure correctly.

Reinstatement

When the ERTE ends, you have the right to be reinstated to your role on the same terms. If the employer refuses to reinstate you or unilaterally changes your conditions, you can challenge it.

Common problems

• Lack of proper information about the ERTE
• Suspension without legal cause
• Refusal of reinstatement
• Unilateral worsening of conditions on return

How I help

I review the legality of the ERTE, defend your rights to unemployment benefit and reinstatement, and represent you before the Labour Court — in Mallorca, Ibiza, Menorca and Barcelona.

This article is general information and does not replace individual legal advice. Contact me for a free initial assessment.