When a worker loses his job, one of the first questions asked is whether he will have the right to unemployment benefits, the contributory unemployment benefit, since it is the help that unemployed people can access and is managed by the SEPE (State Public Employment Service). This, unlike subsidies, has a higher amount, but the duration is limited.
The duration of the unemployment depends on the total number of days of contributions that have been accumulated before becoming legally unemployed. In other words, the more days quoted, the longer its duration will be, but taking into account that there is a maximum duration.
For this reason, many wonder how much unemployment time they are entitled to based on the time they have contributed before becoming unemployed. For example: how long can you collect unemployment benefits with two and a half years of work?
The answer lies in article 269 of the General Social Security Law (available in this BOE), which establishes that “the duration of the unemployment benefit will depend on the periods of paid employment in the six years prior to the legal situation of unemployment or the moment in which the obligation to contribute ceased.” That is, the SEPE takes into account the contributions accumulated in the last six years.
To define the duration of unemployment, the General Social Security Law establishes a scale in sections and assigns a specific benefit period to each contribution block. Therefore, two people with different days worked can end up having the same right to unemployment time. In the case of a person who has contributed for two and a half years, which is about 900 days of contributions, they will enter the range that goes from 900 to 1,079 days, so 300 days of contributory benefits correspond, about ten months of unemployment.
This is the scale provided for in article 269 of the LGSS to calculate the duration of the strike:
- From 360 to 539 days of contributions, 120 days of benefit.
- From 540 to 719 days of contributions, 180 days of benefit.
- From 720 to 899 days of contributions, 240 days of benefit.
- From 900 to 1,079 days of contributions, 300 days of benefit.
- From 1,080 to 1,259 days of contributions, 360 days of benefit.
- From 1,260 to 1,439 days of contributions, 420 days of benefit.
- From 1,440 to 1,619 days of contributions, 480 days of benefit.
- From 1,620 to 1,799 days of contributions, 540 days of benefit.
- From 1,800 to 1,979 days of contributions, 600 days of benefit.
- From 1,980 to 2,159 days of contributions, 660 days of benefit.
- From 2,160 days of contributions, 720 days of benefit.
In short, if a person has 900 days of contributions, they do not collect unemployment benefits for two and a half years, but for 300 days. That is the time recognized by the standard for that specific section, regardless of whether you are at the beginning of the step or close to the next one.
What happens to the leftover days?
There is a doubt about the sections and that is when a job not only reaches 900 days, but also exceeds that figure, but without reaching the next section. That is, when you have 930, 980 or even 1,050 days of contributions and you want to know if that excess can be reserved for a future benefit. The official answer is no.
In this sense, the General Social Security Law explains that, when calculating the duration of unemployment, “all contributions that have not been computed for the recognition of a previous right, both at the contributory and assistance level, will be taken into account.”
This is what the SEPE websitewhere he explains that the remaining days within a section are not saved for later. In fact, he says that “the remaining days cannot be saved for another benefit.”
In fact, the organization gives an example in which it explains if “if you have worked 420 days you are entitled to four months of benefits, as if you had worked 360 days”, since having 420 days of contributions must apply the “section between 360 and 539 days” so you are entitled to 120 days of benefits.
Therefore, if a person credits 900 days of contributions, they will receive 300 days of unemployment. And if you credit a few more, but do not reach the 1,080 required to move up a step, you will continue to be entitled to those same ten months, without the possibility of keeping the excess for the future.