DO I HAVE THE RIGHT TO UNEMPLOYMENT REMAINS PARTNER OR A MEMBER OF A CORPORATION, AT THE END OF MY CONTRACT OR STOP THE EMPLOYMENT RELATIONSHIP?
Habría que distinguir si la sociedad a la que pertenece y en la que cesa es laboral o mercantil capitalista.
- If it is a labour society and you remains in unemployment involuntarily, may be eligible for unemployment benefits, except:
- If in society performed functions of direction or management and received retribucions therefore, knew or not simultaneously with common labour link or special.
- If played these functions and simultaneously was linked with the company for a contract of high direction, with or without pay.
- If individually owns most of the share capital of society.
If you along with your spouse or relatives until 2 º degree of consanguinity or affinity with those who live, possess participations in society posing together the majority of social capital, except for the effective control requires the involvement of people outside family relationships.
However, people working partners labour societies, when the number of members and partners does not exceed 25, even if part of the social administration body, and whether or not competences directives, enjoy all the benefits of Social security of persons employed women who share depending on its activity, as well as protection for unemployment and the wages guarantee fund.
- If it is a capitalist corporation and you remains in unemployment involuntarily, you can also receive unemployment benefits, except:
- If part simultaneously the management of society and the performance of this post involves the realization of leadership and management of society, receiving retribucions why or because they are working person. This implies be included or included in the General regime of Social security as a person assimilated the collective employed without the right to the protection by unemployment.
- If you have the effective control of society by having at least 50 % of the share capital individually, or reaches this percentage together with other partners or partners with whom side by side and with those who has a matrimonial bond or kinship, by consanguinity, affinity or adoption, until the second grade.
- If you have individually at least one third of social capital.
- If you have individually, at least, a quarter of social capital, provided that it has attributed leadership and management of society.