FREQUENTLY ASKED QUESTIONS ON LABOR LAW FIRST SECTION

1.- CAN I COLLECT UNEMPLOYMENT AFTER A VOLUNTARY LEAVE?

If you leave a job voluntarily, you cannot receive the unemployment benefit since, according to the legal regulations, in order to collect an unemployment benefit it is necessary that the leave of employment has not occurred voluntarily, since the Unemployment protection protects working people who want and can work but are unemployed.

If you later work in a new company and you are fired for not passing the trial period by decision of the employer or businesswoman, and no more than three months have elapsed since you voluntarily left the previous company, you will not be entitled to unemployment benefit either.

However, if you join another job again and this contract ends for not exceeding the trial period by decision of the company, but more than three months have elapsed since the voluntary withdrawal, you will be entitled to an unemployment benefit , as long as you meet the rest of the requirements

2.- I AM COLLECTING UNEMPLOYMENT AND I FORGOT TO RENEW THE DEMAND,
WHAT CONSEQUENCES COULD IT HAVE ON MY UNEMPLOYMENT BENEFIT?

To receive unemployment benefits, it is mandatory to register as a job seeker and renew the claim while you are collecting said benefits.
If you forget to renew the claim, a disciplinary procedure will be initiated for a minor infraction that may mean the loss of one month of benefits. If you do not renew it a second time, you will lose three months. If it is repeated a third time, you will lose six months, and if you do not renew for the fourth time, you will lose the benefit.

For these cases of recidivism, it is not necessary that the breach is always of the same type (in this case, not renewing the job application). Therefore, this scale will be applied from the first infraction, when no more than 365 days have elapsed between a minor infraction and the previous one.

3.- FOR WHAT CAUSES CAN I STOP COLLECTING UNEMPLOYMENT?

You can stop receiving unemployment benefits for any of the following reasons:

• Because its benefit has been exhausted due to the expiration of its duration.

• For compensation of an undue charge, that is, if you owe an amount to the Public State Employment Service (SEPE).

• For the initiation of a disciplinary procedure. The sanction proposal that entails the suspension of the benefit will always be communicated to you by certified mail.

• For any cause of incompatibility: self-employment or employment, recognition of a pension or financial benefit from Social Security.

• For having a non-payment key in your benefit for not having received the previous month. In this case, you must go to your benefits office, requesting an appointment online or by calling.

SOURCE: Frequently Asked Questions section of the website https://www.sepe.es