Acquisition of a right to benefits
Eligibility commences on the day following the legal situation of unemployment, but claims must be made within 15 days of this date. Application requires that the claimant registers as a job seeker, if registration has not already taken place. Also, the activity agreement referred to in Article 3 of Law 3/2023 of 28 February on Employment must also be signed on the date of the application.
Where an application is filed after the deadline, the right to benefits commences from the date of the application and the claimant loses benefits for the number of days that have elapsed since the date when the right to benefits would have commenced had the application been filed within the deadline and the day on which the application was actually filed).
Where a claimant has unused annual paid vacations (not taken before the end of the contract, or before the end of the working season in the case of intermittent permanent employees), the legal unemployment situation and the acquisition of a right to benefits commences on termination of this period, as long as these benefits are requested within 15 days of the said termination. This period must be recorded in the Company Certificate.
|Period of contributory work in the past 6 years.||Duration of benefit payments|
|From 360 days to 539 days||120 days|
|From 540 days to 719 days||180 days|
|From 720 days to 899 days||240 days|
|From 900 days to 1,079 days||300 days|
|From 1,080 days to 1,259 days||360 days|
|From 1,260 days to 1,439 days||420 days|
|From 1,440 days to 1,619 days||480 days|
|From 1,620 days to 1,799 days||540 days|
|From 1,800 days to 1,979 days||600 days|
|From 1,980 days to 2,159 days||660 days|
|From 2,160 days||720 days|
Suspension of the right to benefits means the interruption of benefits and Social Security contributions, without affecting the period of eligibility, except in the case of a fine. Causes for suspension are:
- 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 to another country is previously communicated to and authorised by the managing body.
- In the event of a stay 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 to another country is previously communicated to and authorised by the managing body.
- Going abroad for a period of no more than 15 calendar days once a year will not be considered as a stay or a transfer of residence, notwithstanding compliance with the obligations established in article 231.1 of the Consolidated Text of the General Social Security Act, and it is advisable to notify the managing body of the departure before it takes place. On your return from overseas, you must report to the managing body on the first working day following your return. .
- Serving time in prison, except if the person has family responsibilities and has no family income, the monthly amount of which exceeds the minimum inter-professional salary (excluding extraordinary pay), in which case the person is entitled to continue claiming benefit as long as he or she files the corresponding application.
- Performing work as an employee for a period of less than 12 months, or self-employed work for a period of less than 60 months in the case of self-employed workers who are registered in the Special Social Security Scheme for Self-Employed Workers or in the Special Social Security Scheme for Seafarers .
- Being fined for both minor and serious offences according to the terms established in the Welfare Penalties and Sanctions Act during that corresponding period.
- While a worker is either working or not working, according to the wishes of the employer, during the appeal process against a sentence for unfair dismissal, having chosen readmission, or against the sentence that renders the dismissal or termination invalid.
- While receiving the benefit for parental leave .
The right to unemployment benefits may be terminated for any of the following reasons:
- Expiry of the duration of the benefit.
- Change of residence or stay abroad of the worker, except in the cases that are a cause for suspension listed in the previous section.
- Death of the beneficiary.
- The beneficiary becomes eligible for a retirement pension or a permanent disability benefit (total, absolute or serious disability), being entitled in the case of permanent disability to choose whichever of the two benefits is most favourable.
- Performing work as an employee for a period of twelve months or more, or performing self-employed work 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 Sea Workers.
- 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 an administrative decision.
- Voluntary renunciation of the right.
- Imposing penalties in accordance with the terms provided for in the Social Order Violations and Penalties Act.
After all cases of suspension, except where this is the result of a fine, workers are obliged to renew their rights to benefits at their local Social Marine Institute Office on termination of the situation that has given rise to the suspension.
Renewal entails the entitlement to claim unemployment benefits for the period of time left in their records, using the same calculation basis and percentages in force at the time of the suspension, as long as they can prove that the situation that gave rise to the suspension has terminated, that they are legally unemployed, or registered as a job seeker in the case of self-employed workers, and that the same requirements that were presented originally (lack of income or having family responsibility) are still valid. In the case of self-employed workers who are registered in the Special Scheme for Self-Employed or Self-Employed Workers or in the Special Scheme for Sea Workers, unemployment benefit may be resumed when the self-employment lasts less than 60 months.
Self-employed workers who request the resumption of the unemployment benefit or 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 case of suspension as a result of a fine, benefit rights are renewed at the corresponding percentage for the benefit, taking into account the period of time during which benefits have already been claimed, the fine period, and that the worker be registered as currently seeking employment.
The right to renewal comes into effect on termination of the cause of suspension but must be requested within 15 days of this date. Application requires the worker to register as a job seeker, if they have not already done so, and the activity agreement referred to in article 3 of Law 3/2023 of 28 February, the Employment Act, will be considered reactivated, except in those cases in which the managing body demands a new agreement.
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 contract period, the legal unemployment situation and the right to benefits commences after this period, as long as applications are filed within 15 days of the termination of this period.