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Leave Job But Maintain Entitlement to Unemployment Benefits – How/When?

Posted in: Employment
Author: Richelle de Wit
Tags: , , ,

It´s your right to leave a job where the employer doesn´t meet his obligations as stated in article 50 0f the Statutes for Employees, but you must start a procedure through the social courts, asking for the judge to end your contract. Only if he values the reasons valid, you´ll still be entitled to unemployment benefits (provided you´ve worked long enough to have built up entitlement, naturally) and redundancy.

Valid reasons:

  • non-payment of wages (either 4 months without payment ofwages, or wages repeatedly paid more than 11 days late)
  • substantial changes in working conditions that are put forward without respecting the legal notice or the worker doesn´t agree with.
  • – a) workday b) workschedule c) working in shifts d) payment system and/or changes to amount of wages e) job specifics that exceed mobility capacity of worker.  Example: place of work changes from one to the other, obliging the worker to move his home closer to new workplace.
  • whatever other serious breach of an employer´s obligations, except those caused by force majeure. Example: failing to reincorporate an employee in his previous job, when a court ruling has deemed a dismissal to be unjustified.

We strongly suggest you engage a professional specialised in labour law, to assist you with this. For instance from a workers union. CCOO and UGT are big unions in Spain. You can find a listing of offices on their respective websites.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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