In which cases can I claim unemployment benefit?

We are all subject, at some point in time, to losing our status as workers, either through dismissal, voluntary redundancy or termination of our contract. This is the moment when knowing whether you are entitled to unemployment benefit is essential. In order to clear up any doubts you may have about this, here we are going to talk in depth about the subject.

Fundamental requirements for access to unemployment benefit

First of all, you must be affiliated and registered with the General Social Security Scheme (RGSS, hereinafter referred to as RGSS) or in an assimilated situation. Likewise, any other employment scheme that provides for unemployment benefits is also valid.

This is where the first questions arise. Many people do not know what the situations assimilated to registration in the RGSS are. Specifically, this special section refers to all those workers who, at the time of termination of the employment relationship, are enjoying a period of forced leave of absence to hold a trade union or public office or to attend to the necessary care of a child. Likewise, those who have undergone a temporary displacement or transfer outside the national territory, those who are on a legal strike, etc., are also considered.

There is another requirement that must be met, regardless of whether you are registered with the RGSS or in an assimilated situation. Current legislation requires that, in order to be entitled to unemployment benefit, the worker must have paid contributions for at least 360 days in the 6 years prior to the moment when the obligation to pay contributions ceases or when he or she becomes officially unemployed.

However, this official unemployment status does not occur in all cases. In order for it to occur, the end of the employment relationship with the employer must be due to termination, suspension (dismissal) or reduction of the employment contract. In the latter case, this refers to cases where the employer reduces, for example, the number of working hours per week or the worker's salary for whatever reason.

On the other hand, if the termination of the employment relationship is due to a cause attributable to the worker, then he/she is not entitled to unemployment benefit. For example, we would be talking about the unilateral termination of the contract by the employee for personal or professional reasons. This is undoubtedly the most controversial point of all. In many cases, employers try to invoke objective reasons for dismissal.

Can a worker collect unemployment benefits after terminating the contract of his/her own free will?

Generally speaking, the answer is no. However, the legislation provides for certain exceptions that must be taken into account. In this regard, it states that, when the termination of the contract is due to certain actions by the employer, the right to unemployment benefit may be maintained.

Specifically, we are referring to a transfer of the job outside the province of residence, the autonomous community or the country, as the case may be, or a substantial modification of the salary or working hours without the approval of the person concerned. All of this is typified in Article 50 of the Workers' Statute, which refers to substantial changes in employment that are detrimental to the worker's dignity.

What is the exact duration of unemployment benefit?

The amount of time you can receive unemployment benefit depends mainly on the amount of time you have paid contributions during the 6 years before you became unemployed.

This simple summary will help you to understand this much better:

• Between 360 days (one year, the minimum required) and 539 days: 4 months (120 days).
• Between 540 days and 719 days: 6 months (180 days).
• Between 720 and 899 days: 8 months (240 days).
• Between 900 and 1079 days: 10 months (300 days).
• Between 1080 and 1259 days: 1 year (360 days).
• Between 1260 and 1439 days: 14 months (420 days).
• Between 1440 and 1619 days: 16 months (480 days).
• Between 1620 and 1799 days: 18 months (540 days).
• Between 1800 and 1979 days: 20 months (600 days).
• Between 1980 and 2159 days: 22 months (660 days).
• More than 2160 days (the maximum): 2 years (720 days).

Is it possible to save unemployment benefit?

Yes, this is a possibility provided for in the Workers' Statute in certain circumstances. At a given moment, it may be convenient for the worker to postpone payment for a few months. Obviously, it is necessary to have the right to receive it. To do so, it is necessary to meet the requirements specified above.

First of all, it should be borne in mind that time is running out. This means that those contributions that exceed six years, although they are taken into account for calculating retirement, will not be taken into account for the unemployment benefit once that time has elapsed. This can mean that, when applying for unemployment benefit, the amount to be received is ostensibly lower than the amount to which you were entitled when you became unemployed.

This is particularly burdensome in the case of part-time contracts. For example, if you become unemployed because a full-time contract is terminated against your will and you subsequently postpone receiving the benefit in order to sign a part-time contract, when the time comes to receive it, the amount will be much lower.

This is explained by article 278 of the General Social Security Act. Following the amendments made to it in 2012, workers who became unemployed and who came from a full-time contract would be entitled to receive 100% of the amount of the benefit to which they were entitled. On the other hand, if they came from a part-time contract, this amount would be calculated on the basis of the proportional calculation of the hours worked.

This, in general terms, represents a really significant loss for the worker, and he/she should therefore seriously consider whether it is really in his/her interest to switch to part-time work and thus delay the receipt of his/her unemployment benefit.

In short, unemployment is one of the issues that most worries Spanish workers. This is not surprising given the unemployment figures that continue to be recorded today. Therefore, the best thing to do is to be proactive and know first-hand the current legislation in order to better understand the rights that each person has. And, if any doubts or setbacks arise, it is always possible to call on the services of a labour lawyer specialising in these cases. He or she will advise you on everything you need based on a personalised study of your case.

We hope to have been of help and to have resolved any doubts you may have regarding the collection of unemployment benefits. For more information, please consult G. Elías y Muñoz Abogados, the leading law firm in Madrid.