The restitution of unemployment benefit received during an ERTE (concerning the STS of 3rd MARCH 2016)

Abstract

The judgement addresses the restitution of unemployment benefit to employees to whom, after receiving it during an ERTE are affected later on by the extinction of their employment contracts because of an order issued by the Court of Commerce due to voluntary insolvency. Although the Supreme Court rejects the appeal in cassation for unification of doctrine because it understands that there is no identity between the appealed judgment and the contrast judgment "required for the special appeal", the Court follows previous doctrine in a similar case which admits that a minimum time lag between the termination of the employment contract and the temporal limits established according to the law does not prevent said restitution.