Some people who want to leave their work, resort to fraudulent techniques to be able to collect unemployment benefit. Or, as is known colloquially, unemployment. However, these practices can end really bad, and if it is found that law fraud has been committed (for example, ‘Agreeing’ the dismissal with our employer), there could be great consequences beyond that they withdraw the help immediately.
The labor lawyer Juan Manuel Lorente wanted to investigate one of them, very popular, which consists in Stop going to work so that they end up saying goodbye and thus access the help of the State Public Employment Service (SEPE). This situation, as explained, can lead to two possibilities. And none is favorable for the worker. “Do you want to get unemployment missing the company 3 days? You have a problem. Because if you do this there are two possibilities, each worse than the other,” he warns in a video posted on his Instagram account.
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The first possibility is that the company understands that it is a tacit voluntary decline, so they process the casualty in social security as such, which leaves the employee without charging compensation and unemployment: “The first thing is that the company decides to send you a Burofax. And that bureaux says,“ if you do not present yourself in the company, we will understand that it is a tacit voluntary leave. Volunteer
“The second thing that can happen is even worse”
This lawyer continues to explain that “the second thing that can happen is even worse.” In this case, at the beginning it would seem that the play has gone well: “What said, September 11, 12 and 13 and you find the next day a letter of disciplinary dismissal by the company. Of course, you crazy about happy.“ I have achieved it, I have the letter of dismissal, I will go to the Sepe and I will get the strike… ”. To a certain extent he is right, the bad thing is what is coming now,” he says.
And, as Juan Manuel Lorente explains, “there is the possibility that after the SEPE and the Labor Inspection are interested in your subject and ask you:“ Well, why have you lacked? Give me a justification. Have you been sick at the hospital? Have you had to travel to Uganda to save your child?
On this, he adds that “the unemployment benefit will cut you and then all the consequences that can come later. Therefore, in the end you look worse than when you decided to miss work.” For this reason, this lawyer does not recommend it, warning that “if you want to throw yourself and try, well, your thing.”