FREQUENTLY ASKED QUESTIONS ON LABOR LAW SECOND SECTION.
Once you have received the amount of the capitalization, within a month you must start the activity and deliver the documentation that justifies that you have invested the money in said activity. You must allocate the amount you have received to the planned activity, according to what appears in the project report that is part of the file.
In the event that the activity that you have started is different from the one that was included in the application and report, but conforms to the provisions of the applicable regulations, you must submit a new report and the complementary documentation that is necessary and that indicates the Public State Employment Service (SEPE).
There can be three possibilities:
1.- That the new activity meets the legal requirements, the project is considered viable and the amount required for its start-up is adjusted to that initially granted. In this case, the recognized right is maintained.
2.- That the new activity meets the legal requirements and the project is considered viable, but the amount granted does not adapt to the new report. In this case, the State Public Employment Service will proceed to issue a new resolution adjusting the recognized amount to the new project, and if there are differences between the two amounts, it will claim the applicable undue charges.
3.- That you do not meet the legal requirements, nor is the new project considered viable. In this case, the State Public Employment Service will proceed to claim all the amount paid as a single payment.
We will proceed to claim the undue charge for the total capitalized liquid amount that would have been paid in the following cases:
If you do not allocate the amount granted to your incorporation as a partner or as a worker of a cooperative or labor company.
If you do not allocate the amount to carry out the activity on your own.
If you do not apply or divert the unemployment benefit for purposes other than the activity that is the object of the capitalization, it may be considered a very serious offense.
This is sanctioned with the loss of the unemployment benefit and, furthermore, with the exclusion of the right to receive any economic benefit, and, where appropriate, employment promotion aid for one year.
SOURCE: Frequently Asked Questions section of the website https://www.sepe.es