ERTE 2026: complete guide for companies and workers, requirements, benefits and procedures

What is an ERTE?

An ERTE (Expediente de Regulación Temporal de Empleo) is the mechanism that allows companies to temporarily suspend employment contracts or reduce working hours for economic, technical, organisational, production or force majeure reasons, without terminating contracts.

Types of ERTE in 2026

1. ERTE on ETOP grounds

Requires a consultation period (15 days) with worker representatives. No prior administrative authorisation needed.

2. ERTE on Force Majeure grounds

Requires express authorisation from the labour authority within 5 working days. Companies may benefit from Social Security contribution exemptions.

Unemployment benefit during ERTE

Workers in ERTE are entitled to unemployment benefit:

• No minimum contribution period required.
• Amount: 70% of regulatory base for the first 6 months; 50% thereafter.
• Since the 2023 Employment Act, ERTE hours do not consume the worker's benefit entitlement period.
• SEPE pays workers directly.

Lexiel helps labour law firms draft ERTE justification reports, analyse ETOP case law and prepare negotiations with worker representatives using AI specialised in Spanish employment law.