Justice prevents Social Security from sanctioning an organization that didn’t pay contributions because of the incidents of the pandemic | Economy | EUROtoday

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Headquarters of the Contentious-Administrative Courts of Madrid.
Headquarters of the Contentious-Administrative Courts of Madrid.Alamy Stock Photo

It isn’t quite common for judges to rule out the Administrations and even much less so the Social Security. However, the Contentious-Administrative Court quantity 15 of Madrid has simply dominated that the General Treasury of Social Security (TGSS) can not sanction a restaurant firm that attempted by all means to pay the contributions of its staff in June of 2020, however resulting from technical incidents and laptop errors by the group within the midst of the covid-19 disaster, it was not possible to make the cost. For this motive, the court docket has pressured the TGSS to return 6,301.01 euros to the corporate, contemplating that it can’t be blamed for the truth that a collection of the Administration's telematic assets current technical issues.

The significance of this ruling, as defined by Ana Abad, the lawyer who has represented the corporate on behalf of Selier Abogados, lies in the truth that additionally it is closing and can’t be appealed. That is why it could possibly function a precedent sooner or later to challenge different sentences in comparable instances, amongst so a lot of this sort that occurred in Spain throughout the worst moments of the pandemic. In truth, the Treasury itself has already despatched a communication to the corporate saying that it’s going to refund the quantity it claimed, with a surcharge and enforcement.

According to the ruling, in June 2020 the corporate in query proceeded to settle the charges equivalent to the month of June 2020, “when to its shock, the RED system [que es la vía a través del que se deben tramitar los seguros sociales] “It did not allow him to carry out this action, since every time he tried to prepare the social insurance, the RED system showed errors and did not allow him to continue with the processing.”

Faced with these occasions, the corporate resorted to the CASIA system – for Coordination, Attention and Comprehensive Support to Authorized RED – as much as 3 times, however didn’t obtain a response from the Administration. Although she did worry, “as it ended up happening, that the company would be subject to sanctions, even though the problem did not at any time lie with it, which did everything possible to solve the situation,” the ruling states. Thus, in 2021 the Madrid Provincial Directorate of the General Treasury of Social Security claimed 11,111.10 euros from the corporate (9,259.25 euros as principal and 1,851.85 euros as surcharge).

Subsequently, even supposing the corporate had filed an attraction in a well timed method towards this debt declare, Social Security issued an enforcement order dated August 3, 2021, the place the quantity of the debt was additional elevated. surcharge on the principle debt, bringing the social insurance coverage claims for the month of June to a complete of 12,499.99 euros.

However, the corporate opposed the cost of mentioned quantity, which it thought of extreme as a result of it didn’t adjust to the settlements of the restaurant staff' contributions. The Social Security Treasury itself agreed with the corporate earlier than the trial even came about and acknowledged that the bases it had used to calculate the required and unpaid contributions and, due to this fact, to find out the sanction had been inaccurate. He then set that quantity at 6,301 euros, which is what he’ll lastly should return to the corporate, after the current court docket ruling.

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