When a worker voluntarily decides to end his or her contract with the company, he or she does not have the right to collect unemployment benefits. This is stated in the legal regulations and clarified in its frequently asked questions section by the State Public Employment Service (SEPE). However, there is an exception, as explained by the advisor of the General Subdirectorate of Benefits of the SEPE, Fernando Maján: “among the situations that exist to allow workers to sometimes decide to terminate their employment contract, there are situations of non-payment or delay in payment on payrolls.”
This would be the exceptional circumstance in which it would be possible to unsubscribe optionally, but not without first following the recommendations detailed by the expert on the radio program Onda Madrid, after a question from a listener.
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Conciliation with the company before resorting to social jurisdiction
Maján explained: “In these situations, if you experience recurring non-payments or delays in the payment of salaries, you can break the contract, but of course, break it under certain conditions with a procedure.” “You will have to present the corresponding conciliation with the company and if it does not pay attention, go through the social jurisdiction,” he specified.
This is the way to resolve the labor dispute, in a previous step before resorting to justice, but if it does not work: “The judge will be the one to determine the possible termination of the contract at the will of the worker.” In this way, with the ruling: “You can access benefits. This is on an exceptional basis, so you know, that if this circumstance occurs, you can break the employment contract in accordance with the procedure and you will have access,” he indicates.
Do not make the decision without first going through this procedure
Maján’s response has been blunt: “The important thing to be clear to him is that he cannot decide the day after tomorrow ‘well, since they don’t pay me, I’m leaving’, no, you have to demand that the company pay you, that the company doesn’t pay you in a conciliation act or you don’t reach an agreement, the next step is to go to the social jurisdiction and the courts will be the ones that establish the termination of the employment contract.” Thus, the employee will have access to the benefit only under these conditions.
By law, self-employment termination of a job would not allow you to collect unemployment benefits. Nor if you are subsequently employed in a new company and do not pass the trial period, by decision of the company and no more than three months have passed since the previous job. However, this aid may be received if the interruption in this second company occurs involuntarily for a reason other than not passing the trial period, regardless of the time that has elapsed since the date of the previous termination.