Suspension or termination, resumption contributory benefit
Once the unemployment benefit, this may be suspended for various reasons, can be resumed later.
Without exhausting the unemployment benefit, you can also extinguish under certain conditions established by law.
The suspension of the right involves the termination of payment of benefits and Social insurance payments.
The causes that can motivate are:
- Transfer of residence abroad by a continued period of less than twelve months, to the search or carrying out work, professional improvement or international cooperation, without prejudice to the implementation of what is provided on the export of benefits in the community rules. The transfer must be communicated in advance to the Public employment service Estatal (SEPE) and authorized by this.
- Stay abroad for a period, continued or not, up 90 days, each year, provided that is communicated and previously authorized by the operator. has No consideration for transfer of residence or stay abroad the output up to 15 calendar days for one time each year, provided that this does not mean giving up insertion actions already planned or ongoing, and comply with the demands of the agreement of activity.
- Spend a situation of maternity or paternity leave. Once this situation, the person concerned shall within the 15 working days, to request the resumption of the contributory benefit.
- Enforcement of sentence involving deprivation of liberty is not the right, upon request, if the person concerned had family responsibilities and do not enjoy any household incomes whose amount exceeds the statutory minimum wage.
- Performance of work for a third party lasted less than twelve months.
- Realization of a self-employment:
- If you have had less than 24 indifferent, has caused high as individual self-employed woman heads within any of the Social security regimes.
- If the duration of self-employment has been greater than 24 months and less than 60 months and accredit have caused high as individual self-employed woman in the special regime of Social security for the self-employed or self-employed or in the special regime.
In the cases cited above, when the activity would be able to resume the unemployment benefit within 15 working days from the cessation of work.
If after the cessation of self-employment, had the right to protection by cessation of activity, you can choose to perceive this or to reopen the right to protection by unemployment. If you opt for the provision, which generated contributions that provision by which it had not chosen may not be counted for the recognition of a later law.
- Adoption of suspension for minor offence or serious.
- The suspension by sanction, in addition to the interruption in the payment of benefits will mean reducing the duration of the provision recognized by period equal to the suspension produced.
- In the cases referred to the item 297 the law 36 / 2011 , 10 octoberregulating social jurisdiction, while the person continue working to provide its services or not willing to pay the employer or employee, during the judicial.
- Unemployment in public or trade union involving paid full.
- The compliance by the beneficiaries of unemployment benefits of the obligation to submit on time the documents you are required, provided that they might affect the conservation of the right to benefits, may lead to the public employment service Estatal (SEPE) will take the necessary preventive measures through the suspension of the payment of the above-mentioned benefits, until these people are brought to accredit the SEPE who satisfy legal requirements established for the maintenance of law, which will resume from the date of the summons.
In addition, the operator shall suspend the payment of benefits during one of the beneficiaries are not registered as a jobseeker in the public employment service and will resume from the date of release new registration hours upon appearance before the SEPE unless appropriate the continuation of the suspension of the provision or extinction by any of the reasons set forth in rule.
In all cases of suspension, except for punishment, the working person must request the resumption of the right page https :// sede.sepe.gob.es,or a telephone hotline to citizenshipor in the office of benefits (after appointment in the electronic site public employment Service State), in any public registration office or to manage it by mail, within the 15 working days following completion of the case of suspension and establish legally unemployed.
The resumption will be the right to receive unemployment benefit for the period restase and as the base figure and percentage of the same as appropriate at the time of suspension.
In case of punishment, the right will be resumed by the time of delivery, as appropriate, taking into account the perceived period and the sanction.
The groups within one month have varying periods of activity and inactivity, may submit the request of the benefits for the month preceding the date of the last became legally unemployed. They will be able to benefit from this form of a simplified format and submit a monthly Only request the resumption of the provision for the periods of unemployment of the month.
Furthermore, the public employment service shall admit State for groups of people and workers discontinuous fixed for having their ordinary working week reduced or suspended, that the application of earlier high initial request for resumption by periods of inactivity in the same file or within the same activity log sets, in which case, the company authorized by the individual worker shall report to the operator each month the corresponding information on the periods of activity of working people in this mode of resumption Only.
The right to unemployment benefit is extinguished by the following cases:
- Exhaustion of the duration of the provision.
- Transfer of residence abroad of the working person except in cases of suspension.
- Death of the individual beneficiary.
- To become a pensioner retirement or permanent disability (total, absolute or major disability), in these cases of invalidity opt for the provision more favourable.
- Implementation of an employment of at least 360 days.
- Realization of a self-employment:
- If it is time or more. 60 months.
- If self-employment of duration equal to or greater than 24 months and less than 60 months, and the individual employee is not caused high during their development as a worker or self-employed woman in the special regime of Social security for the self-employed or self-employed or in the special regime.
- Voluntary renunciation of the right.
- Compliance by the person entitled to ordinary entitlement to the contributory pension benefits, except that the individual worker accredited non-contributory period required to do that or when there are cases of suspension on labour relations or reduction of journeys authorized by administrative decision.
- Imposition of punishment of extinction because of repeated minor offences or serious, or by the commission of a serious or very serious punishable by termination of the law.