In recent days I have encountered the same situation on several occasions: I have called to to interview to some candidate.
The candidate fits the position and the candidate fits the position, but he has many doubts about joining because he is working somewhere else, even being on ERTE. In this post we will try to answer some questions when you consider a job change.
Can you work in another company while on ERTE?
The answer is affirmative. If the suspension of employment is partial you could as long as you could combine it. If the suspension is 100 %, you can do it without any problem as long as you communicate this change to SEPE and, conveniently, your company.
Are any rights lost? The right to collect unemployment benefits, but no rights are lost within your company.
He Supreme Court He already clarified it a long time ago in this STS 07-05-1990 where I determine the following: “It is clear that if an employment contract is suspended due to the economic needs of the company, the fact that the worker deprived of this basic right tries to exercise it without harming the company with which he continues to be linked, and during the time in which it does not “can and is authorized not to provide effective employment to the worker, does not in itself mean the resignation of their permanent job.”
What if I want to leave this last job?
In this case, then you will have to communicate a voluntary leave (in case you have been working in the company for more than a year), if you have this option, or present voluntary withdrawal (art. 49.d ET), complying with the notice period established in your collective agreement or 15 days, if it is not regulated.
It is a decision that must be very meditated since the consequences are the following:
- You do not have the right to Unemployment benefit that would have been generated.
- The right to compensation finally contract.
You will only be entitled to the relevant settlement.
If I don't fit into the next job, do I have the right to unemployment?
The legislation is not very clear on this aspect, but the art. 267 of the General Law of Social Security specifies that you will be in a legal situation of unemployment, and therefore with the right to collect unemployment, when the company indicates a trial period that has not been passed and more than three months have elapsed from the date of voluntary withdrawal to the trial period not passed.
When we are not faced with this situation, there is no regulated legislation which must be understood that there must be a minimum period of work.
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