Many companies sign the unemployment to a worker who voluntarily leaves: the Sepe makes them clear one thing

Although every month we are discounted religiously a payroll amount for unemployment benefit that gives you the right to collect it when a company says goodbye, not all employees have the right to collect it as long as they run out of work. The SEPE (Public State Employment Service) can always repeat unemployment if a series of requirements are not met and the most important is that they say goodbye and do not go voluntarily.

The dismissal to collect unemployment subsidy must be due to causes outside your will. That is, even if you want and you can continue working, you lose your job without deciding. Therefore, if you renounce voluntarily, in principle you will not be able to collect unemployment, except in some specific cases.

If you give up your work you can lose the right to unemployment

According to the SEPE, by leaving a job by own decision you lose the immediate right to the benefit. But if you find another job later and say goodbye (finally contract, dismissal, ERE, etc.), then you can recover the accumulated strike in your previous works.

This occurs even with temporary or short -term contracts. That is, even without overcoming the trial period you could be entitled to unemployment if you work more than three months in total from the resignation.

An example is if they hire you for temporary job and fire you at two weeks. In that case, you would not be entitled to unemployment. But if you work in several jobs and among all add more than three months, then you could request it.

Of course, the end of these contracts has to be for reasons beyond you: dismissal, end of contract, not exceed the trial period or an ERE. In all these cases, it is considered that it has not been your decision.

And, as always, you have to have quoted enough to access the benefit. Depending on how much you have quoted, you will charge unemployment more or less time.
For example:

• With 360 days quoted, you are entitled to 120 days of unemployment.
• With 2,160 days (about six years), you can reach the maximum: 720 days (two years) of benefit.

“You fix my unemployment and I’m leaving”

When someone resigns, the company does not have to pay compensation, only the settlement (not enjoyed vacations, pending salaries, extra payments …). Sometimes, company and employee agree a false disciplinary dismissal so that the worker can collect unemployment.

The problem is that, although it seems round treatment, it is a fraud and, therefore, illegal.

As explained in Capmany Abogados, if the SEPE or the Labor Inspection detect that agreement, the two parties can get into a good mess. The worker would have to return everything charged and lose the right to receive benefits. And the company would not stop well: it could lose incentives and tax benefits for six years, according to the Law of Infractions and Sactions of the Social Order (smooth).

In addition, both the company and the worker risk important fines, from 7,501 euros to several million, according to the severity and number of people involved.

There are exceptions in which you can give up and still collect unemployment

There are some special situations in which you can resign and have the right to unemployment. According to anchor lawyers, among them are:

• Unilateral changes in the workplace.
• Important modifications in your working conditions.
• Workplace harassment.
• Continuous delays in paying salary.

It also applies in cases of gender violence, when the person is forced to change work. This situation is protected by Law on Comprehensive Protection Measures against Gender Violence.

All these situations are collected in the Article 50 of the Workers’ Statute and are considered serious breaches by the company. Therefore, they have the same effect as an inadmissible dismissal, with the right to unemployment and compensation, provided they are well documented and adjusted to the law.