Post by account_disabled on Mar 9, 2024 3:05:09 GMT
This situation can be very common. A company that since March has been affected by a Temporary Employment Regulation File. It has, for example, five workers, with reduced hours with percent in ERTE and percent working. One of the employees is going to be a father and will enjoy paternity benefit. Could the company cover this leave by hiring a new worker or would it have to fill that vacancy with the workers affected by the ERTE? It is a situation that can arise in many companies.
Therefore, we wanted to shed light Asia Mobile Number List on this issue that may, a priori, raise some doubts. The Excellent Advisor Cabinet of Experts remembers that you cannot hire or outsource activity if you have workers in ERTE, article of RDL / In this case, all workers have the same category, therefore, they cannot be hired and must use the rest of the workers who have percent of their working hours in ERTE.
Now, we find an exception to the general rule of prohibition of contracting: «This prohibition may be excepted in the event that the regulated persons who provide services in the workplace affected by the new direct or indirect hiring, or outsourcing, cannot, due to training, qualification or other objective and justified reasons, "carry out the functions entrusted to them, after informing the legal representation of the workers in this regard by the company." We understand that the need for this new hiring should be sufficiently justified, since, if not, there is a risk that the Labor Inspection will not view said hiring favorably.
If you need help managing the day-to-day life of your consultancy, Asesor Excellent offers you all the services you need. Fully updated online training courses and legal advice with the best experts in tax, labor, commercial and accounting matters. You may be interested in the latest monograph titled Main business restructuring measures during the pandemic and Dissolution and liquidation of companies . Did you like it? Share it.
Therefore, we wanted to shed light Asia Mobile Number List on this issue that may, a priori, raise some doubts. The Excellent Advisor Cabinet of Experts remembers that you cannot hire or outsource activity if you have workers in ERTE, article of RDL / In this case, all workers have the same category, therefore, they cannot be hired and must use the rest of the workers who have percent of their working hours in ERTE.
Now, we find an exception to the general rule of prohibition of contracting: «This prohibition may be excepted in the event that the regulated persons who provide services in the workplace affected by the new direct or indirect hiring, or outsourcing, cannot, due to training, qualification or other objective and justified reasons, "carry out the functions entrusted to them, after informing the legal representation of the workers in this regard by the company." We understand that the need for this new hiring should be sufficiently justified, since, if not, there is a risk that the Labor Inspection will not view said hiring favorably.
If you need help managing the day-to-day life of your consultancy, Asesor Excellent offers you all the services you need. Fully updated online training courses and legal advice with the best experts in tax, labor, commercial and accounting matters. You may be interested in the latest monograph titled Main business restructuring measures during the pandemic and Dissolution and liquidation of companies . Did you like it? Share it.