One of the concepts that are discounted every month of the payroll of all employees is that of the unemployment benefit that is entitled to collect unemployment When the company says goodbye.
However, access that benefit It is not so simple As it may seem and the SEPE (Public State Employment Service) can refuse unemployment if a series of requirements are not met.
Condition to collect unemployment: that they fire you
It may sound like perogrulda, but the right to collect unemployment benefit in Spain is conditioned to a fundamental demand: that the worker who being able and wanting to work loses your job by Causes outside your will. This means that if an employee Voluntarily renunciation To your position, in principle, you will not be able to access this benefit, unless certain conditions are met.
Such and as specified The SEPE, when giving up a job, the worker loses immediate right to collect unemployment. However, if after the resignation it works at least three months and is fired for legal causes in that new job, you can request the unemployment benefit accumulated in previous works.
The regulations in this case contemplate that, even if the contracts subsequent to voluntary resignation are of short duration, provided that together Add a minimum of three months workedthe worker recovers his right to unemployment. For example, if an employee renounces his job and begins to work in temporary employment for two weeks, when he ends this contract, he will not be able to access the unemployment benefit.
However, if he chains several contracts for more than three months, he could request it and access unemployment with the price he had accumulated in the employment he resigned.
Again, the condition will always be that the reason for the end of these jobs be for ordinary dismissal, End of contract, not having exceeded test periods or be affected by an ERE. In any of the cases, they are causes outside the employee’s will.
Another of the conditions is that, to have Access to that unemployment benefit has previously quoted The necessary time. Depending on the quoted time, the benefit may be received for more or less time, as detailed in this SEPE table.
For example, with 360 days quoted, you are entitled to 120 days of unemployment. From 2,160 days quoted (about six years) you are entitled to 720 days (about two years) of unemployment benefit, this being the maximum stop of the benefit.
“You fix my unemployment and I’m leaving”
When the employee resigns, the businessman is not forced to compensate the workerand you should only settle your situation with the settlement to compensate for non -enjoyed vacations, pending collection salary, extra payments, etc. That is why, sometimes, both parties can agree to simulate a Disciplinary dismissal.
In that case, the company is not obliged to pay No compensation (only liquidating the settlement) and the employee would have the right to unemployment benefit. However, this fetén formula has an important inconvenience: It is a fraud and, therefore, totally illegal.
Such and as they detail In Capmany Abogados, if the SEPE or the Labor Inspection detects that a dismissal has been agreed, both parties would be incurring a crime of fraud and will face legal consequences.
The employee would be obliged to return The benefits you have received and would lose their right to receive them. For the company, the consequences were not going to be very different. If a disciplinary dismissal has been agreed for fraudulent purposes, the company can lose all tax incentives and benefits for a period of up to six years as stated in the Law on Infractions and Sactions of Social Order (Liver).
In addition, both company and employee would face serious sanctions with amounts ranging from 7,501 euros to several million euros according to the amount and number of affected.
Exceptions you can give up and have unemployment
He Workers Statute contemplates some specific situations in which the voluntary decline yes right to collect unemployment. According The published By anchor lawyers, among these causes are unilateral changes in the location of the job, substantial modifications in working conditions, workplace harassment or repeated delays in the payment of the salary.
In addition, this exception also applies in situations of gender violence that force the worker to change their jobs, a situation collected Law on Comprehensive Protection Measures against Gender Violence.
These situations collected in the Article 50 of the Workers’ Statutethey are considered substantial modifications or breaches that justify the voluntary leave with the right to unemployment acquiring the same consideration as An inadmissible dismissal With the right to compensation, provided that they are documented and adjusted to current regulations.
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Image | Unspash (Shoeib Abolhassani, VITALY GARIEV, Jeriden Villegas), Sepe
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