Acquisition of the right, duration, suspension, renewal and termination

Acquisition of a right to benefits

From the day after the end of the one-month wait, as long as benefits are applied for within 15 days of the end of said month.
Where an application is filed after the official deadline, the right commences on the date of application and the claimant loses benefits for the number of days elapsed from the day the right would have commenced to the day it is actually filed.
The benefit that is due to being in a legal situation of unemployment, with insufficient contributions to receive the contributory benefit, will be paid on the day after the legal situation of unemployment or the end of the period of paid leave not taken before termination, if applicable, provided that it is applied for within 15 days following the protected situation.

Duration

Workers who have exhausted their contributory unemployment benefit and have family responsibilities:

Six months, extendable to another 2 periods of the same length, up to a maximum of 18 months, with the following exceptions:
- People under 45 years of age who have exhausted their contributory benefit, of a minimum 180 days duration, are entitled to another 6 month extension, up to a total of 24 months.
- People over 45 years of age who have exhausted their contributory benefit, of a minimum 120 days duration, are entitled to another 6 month extension, up to a total of 24 months.
- People over 45 years of age who have exhausted their contributory benefit, of a minimum 180 days duration, are entitled to two more 6 month extensions, up to a total of 30 months.
  
  Individuals must be the stated age on the date their contributory unemployment benefit expires.

Workers over 45 years of age who have exhausted their unemployment benefits and have no family responsibilities:

Six months non-extendable.

Returning migrant workers:

Six months, extendable to another 2 periods of the same length, up to a maximum of 18 months.

Workers who, at the time of their legal unemployment situation, have not covered the minimum contribution period to acquire the right to contributory benefits:

Benefits are based on the number of months for which contributions have been paid and whether a worker has family responsibilities or not.
- In the case of a worker with family responsibilities:
  - Three, four or five months, if contributions have been paid for 3, 4 or 5 months respectively.
  - 21 months, if a worker has contributed for 6 months or more.
- In the case of a worker with no family responsibilities:
  - 6 months, non-extendable, if 6 or more months of contributions have been paid.
Once the right to claim benefits has been recognised in any of the above cases, contributions that have already given rise to benefits may not be taken into account for a new application for contributory or non-contributory benefits.

Individuals that have been discharged from prison or who have had their sentences remitted due to drug rehabilitation:

Six months, extendable to another 2 periods of the same length, up to a maximum of 18 months.

Workers declared to be fully able or partially disabled to work after a review of their case due to the improvement of a situation of serious disability, absolute permanent disability, or total disability to perform their usual profession:

Six months, extendable to another 2 periods of the same length, up to a maximum of 18 months.

Unemployment benefits for workers over 52 years of age:

Until the worker reaches the ordinary age required in each case for entitlement to a contributory retirement pension .

Suspension

The suspension of a right to benefits means the interruption of all financial benefits and contributions, without affecting the period of eligibility, except in the case of fines. Rights may be suspended for any of the following reasons:

Moving abroad to seek or carry out work, professional development or international cooperation for a continuous period of less than twelve months, provided that the departure is previously communicated to and authorised by the managing body. Entitlement will also be suspended if stays abroad for a period, whether continuous or not, of up to a maximum of ninety calendar days during each calendar year , provided that the departure abroad is previously communicated to and authorised by the managing body.
Serving a sentence involving deprivation of liberty, unless the worker has family responsibilities and does not have any family income, the amount of which exceeds the Minimum Professional Wage, in which case they will continue to receive the benefit upon request by the interested party.
Obtaining, for less than 12 months, income that exceeds 75% of the Minimum Inter-professional Salary, as well as ceasing to have, for less than 12 months, family responsibilities, if this was a requirement to qualify for this benefit.

During the situation of birth and care of a minor, under the terms provided for in article 284 of the revised text of the General Social Security Act.
When they continue to provide services or do not provide them at the will of the company, in cases where a judgement declares the dismissal to be unfair or null and void and the employer opts for reinstatement and lodges an appeal, while the appeal is pending. It is also suspended in the event that it is the employee who opts for reinstatement and lodges the appeal.
Work as an employee for less than 12 months, or self-employment for less than 60 months in the Special Scheme for Self-Employed Workers or in the Special Scheme for Seafarers.
If the self-employment has been less than 24 months, regardless of whether the person has been registered as a self-employed person under any of the Social Security schemes.
Being fined for both minor and serious offences according to the terms established in the Welfare Penalties and Sanctions Act during that corresponding period.

Renewals

In all cases of suspension, except for sanctions, the worker must request the resumption of the right at the end of the cause that determined the suspension.

The resumption of unemployment benefit will entitle the person to receive unemployment benefit for the remaining period, provided that they can prove that the reason for the suspension has ended, that, where applicable, this reason constitutes a legal situation of unemployment, or registration as a jobseeker in the case of self-employed workers, or that the requirements of lack of income or family responsibilities are maintained.

Self-employed workers who request the resumption of the subsidy after twenty-four months from the start of the suspension must provide evidence that the termination of the self-employed activity is due to economic, technical, productive or organisational reasons, force majeure resulting in the termination of activity, loss of administrative licence, gender violence, sexual violence, divorce or marital separation, involuntary termination of the position of director or administrator of a company or of the provision of services to the same and termination of the contract signed between the economically dependent self-employed worker and their client, all in accordance with the terms set out in the regulations.

If, after the cessation of self-employment, the worker is entitled to unemployment protection, he/she can choose between receiving unemployment protection or reopening the entitlement to suspended unemployment protection. Where the worker opts for the earlier benefit, the contributions which generated the benefit he or she did not opt for may not be taken into account for the recognition of any subsequent entitlement.

In the event of suspension due to a penalty, entitlement shall be resumed automatically, provided that entitlement has not been exhausted and the worker is registered as a jobseeker.

The right to resume work shall arise from the end of the cause of suspension, provided that it is requested within the following 15 days, and the request shall require registration as a jobseeker if this has not been done previously. Likewise, on the date of the application, the activity agreement referred to in Article 3 of Law 3/2023 of 28 February on Employment will be considered reactivated, except in those cases in which the managing body requires a new agreement to be signed.

Where an application is filed after the above-mentioned deadline, the worker loses benefits for the number of days that have elapsed from the day the right would have commenced had the application been filed on time to the day it is actually filed.

Where paid-vacation time has not been used during the time of the contract, the legal unemployment situation and the right to benefits commences after this period, as long as applications are filed within 15 days of the end of this period.

Unemployment Subsidy Application.

Expiry

The right to unemployment subsidy may be terminated for any of the following reasons:

Expiry of the duration established.
Transfer of residence or stay abroad of the worker, except in cases of suspension.
Death of the beneficiary.
The beneficiary becomes eligible for a retirement pension or disability benefits (due to total, absolute or serious disability), in the latter case being entitled to choose one benefit or the other.
Performing work as an employee for a period of twelve months or more, or self-employment for a period of sixty months or more in the case of self-employed workers who are registered in the Special Scheme for Self-Employed Workers or in the Special Scheme for Seafarers.
The beneficiary reaches the official retirement age, unless he or she is not eligible for a retirement pension, or there has been a work suspension or reduction of working hours, approved by government resolution.
Voluntary renunciation of the right.
Obtaining an income whose amount exceeds 75% of the Minimum Professional Wage, for a period of time equal to or greater than 12 months.
No longer fulfilling the family responsibilities requirement, when this would have been necessary for the recognition of the right, for a period of time equal to or longer than 12 months.
Imposing penalties in accordance with the terms provided for in the Social Order Violations and Penalties Act.