SUSPENSION, RESUMPTION, EXTINCTION
In the period from the affected 09/04/2020 , the date of entry into force of Decreto-ley Real 13 / 2020 , of 7 de abril, por el que se adoptan medidas urgentes en materia de empleo agrario, hasta el 30 June 2020 , shall not apply the provisions of Article 15 from Royal Decree 625 / 1985 , of 2 August, unemployment protection, nor the regime of incompatibilities under Article 342 the text of the General law of Social security, adopted by Right Legislative Decree 8 / 2015 , of 30 December workers hired under the Decreto-ley Real 13 / 2020 , 7 April.
Once approved unemployment benefit, this may be suspended for various reasons, and may be resumed later.
Without reaching exhaust unemployment benefit, you can also extinguish under certain circumstances defined by law.
The suspension of the right represents the interruption of fertilizer and economic benefits of Social security.
The causes that can motivate are:
- Change of residence abroad for a continuous period less than twelve months, for the search or execution of work, professional improvement or international cooperation, without prejudice the application as pevisto on the export of benefits in the conventions and community standards. The transfer must be previously communicated to public service state employment (SEPE) and authorized by this.
- Estancia en el extranjero por un periodo, continuado o no, de hasta 90 days, each calendar year, provided that previously is communicated and authorized by the managing body. has No consideration move house or stay abroad exit by time not exceeding 15 calendar days once every year, provided that does not involve failing to perform actions of insertion already programmed or execution and comply with the requirement of the commitment of activity.
- Move to situation parenthood. Once this situation, the person concerned should within the 15 working days siguienes, request the resumption of contributory benefit.
- Serving sentences involving deprivation of liberty. No law shall, upon request, if the person concerned have family responsibilities and was not given any household incomes whose amount exceeds the minimum wage.
- Realization of a salaried work shorter than twelve months.
- Realization of a self-employment:
- If you have lasted less than 24 months, remain indifferent that has been caused high as person employed woman framed within any of the Social security schemes.
- If the duration of self-employment has been greater than 24 months and less than 60 months and accredits have caused high as worker self employed in the special regime of Social security of workers employed or self-employed or in the special regime of seafarers.
In the cases cited above, when it stops the activity can resume unemployment benefit within 15 working days from the cessation of self-employment.
If after the cessation in self-employment, be entitled to protection by cessation of activity, you can choose between perceive this or reopen the right to protection by unemployment suspended. If you choose to the previous delivery, quotations that generated the provision by which had not chosen may not counted for the recognition of a right later.
- Penalty of suspension for minor infringement or serious.
- The suspension by sanction, besides the interruption in the payment of benefits will mean reducing the duration of the delivery recognized by time equal to the suspension produced.
- In the cases referred to in the item 295 the law of Labour Procedure, while the worker continue their services, or not pay for the will of the entrepreneur or entrepreneur, during the processing of the resource.
- Unemployment of public or trade union posts paid dedicated posing.
- Compliance by the beneficiaries of unemployment benefits from the obligation to present in the deadlines documents that are required, provided that the same can influence the conservation of the right to benefits, may lead to the public employment service State (SEPE) will take the necessary precautionary measures, through the suspension of the fertilizer of these benefits, until such beneficiaries SEPE appear before the by demonstrating that meet the legal requirements established for the maintenance of law, which will resume after the date of the appearance.
Likewise, the managing body suspend payment of benefits during periods when the beneficiaries are not registered as a jobseeker in public service jobs and will resume after the date in the userís new registration, upon appearance before the SEPE unless appropriate maintenance of the stoppage or extinction by one of the causes under the rule.
In all cases of suspension, except for sanction, the worker must request the resumption of the right in the page https :// sede.sepe.gob.es, or via the helpline for citizenship or in the office of benefits (after obtaining appointment in the electronic site of Public Service State Employment), in any public registry office or tapping by mail administrative, within the 15 working days following the completion of the cause of suspension and demonstrate the legal situation of unemployment.
The resumption will mean the right to receive unemployment benefit for the period restase and with the regulatory base and percentage of the same which corresponded at the time of the suspension.
In case of punishment, the right will resume by the delivery period corresponding taking into account the period perceived and the sanction.
The collectives that within the month have various periods of activity and inactivity, may submit an application grouped of benefits for the month prior to the date of the last legal situation of unemployment. Will be eligible for this type of processing simplified and file in a single application monthly the resumption of the provision for periods of unemployment of the month.
Furthermore, the public employment service can admit State for groups of workers discontínuas fixed and for those who have their ordinary working hours reduced or suspended, that the application of initial high takes effect of application for resumption by downtime within the same file or within the same activity sets discontinuous, in which case, the company authorized by the worker must inform the managing body each month the corresponding information on the periods of activity of working persons included in this mode of resumption Unique.
The right to unemployment benefit ceases:
- Exhaustion of the duration of the delivery.
- Change of residence abroad of the worker except in cases of suspension.
- Death of the beneficiary.
- Pasar a ser pensionista por jubilación o de invalidez permanente (total, absoluta o gran invalidez), pudiendo en estos casos de invalidez optar por la prestación más favorable.
- Realization of a salaried job at least 360 days.
- Realization of a self-employment:
- If it is duration equal to or greater than 60 months.
- If self-employment is duration equal to or greater than 24 months and less than 60 months, and the worker caused no high during its development as worker self employed in the special regime of Social security of workers employed or self-employed or in the special regime of seafarers.
- Voluntary resignation to the right.
- Compliance by the beneficiary of the ordinary age for entitlement to contributory retirement pension, except that the worker was not credited the contribution period required for this or suspension assumptions labour relations days or reduction authorized by administrative decision.
- Imposition of punishment of extinction for infraccions repeated mild or severe, or by committing a serious infringement or very serious punished with the extinction of the right.