OBLIGATIONS, OFFENCES AND PENALTIES

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.

People who receive unemployment benefits must comply with a series of obligations under the law.

The breach of these obligations assumed commit offences that will result in accordance with existing laws.

  1. Contribute by the input for the contingency of unemployment.
  2. Provide information and documentation to establish regulations for recognition, suspension, termination or resumption of entitlement to benefits. Furthermore, communicate to the public employment services autonomist and the Public employment service State, home to receive notifications and, if there is change of address, communicate this change when it occurs.
  3. Participate in the work of social partnership, employment programmes or promotional actions, training or retraining professionals, which establish public employment services or placement agencies (when these develop activities in the field of collaboration with those). As well as accept the gluing that public employment services or these agencies have offered him.
  4. Renew the demand for employment in the form and dates indicated in the document of renewal of demand. Also, stand, if it has been mentioned earlier, before the Public employment service State, public employment services autonomist or placement agencies (when these develop activities in the field of collaboration with those).
  5. Request the low in unemployment benefits because they produce situations that lead to the suspension or termination of the same, or because they cease to satisfy the requirements for further percibiéndolas, when such situations.
  6. Return the amounts that the public employment service improperly paid State.
  7. Return, within five days public employment services, or in his case, employment agencies (when these develop activities in the field of collaboration with those), the proof of due in the place and date indicated to fill the job offer you have offered.
  8. Register as a jobseeker, maintain the registration and meet the demands of the commitment of activity, in the terms established in Article 41 the Text of the law 3 / 2015 , 23 October, employment.
  9. Actively seeking employment and participate in actions to increase the chances of occupation that, in its case, indicate public employment services competent, within a path.

The beneficiaries of benefits justify before the public employment service state and public employment services autonomist, when requested, actions that have made to the active pursuit of employment, their return to the labour market or to improve their chances of occupation. This accreditation will take place in the way in which these agencies to agree in the framework of mutual collaboration. If it is not credited, is not met the commitment of activity.

However, during the first thirty days that are perceived contributory benefits be optional participate in action to improve the chances of occupation that are commensurate with its usual occupation or skills training, as determined in the itinerary of insertion. The non-participation will not lead to sanction.

Minor offences:

  1. Not to stand before the public employment service State in the form and dates, except justified cause, when it has been cited or quoted previously.
  2. Do not appear in public employment services or placement agencies (when these activities in the area of collaboration with those), except justified cause, if it has been cited or quoted previously.
  3. Not returning in term, except justified cause, the public employment service or, in their case, placement agencies non-profit, a receipt of having appeared in the date and place indicated to fill job vacancies provided by those.
  4. Do not meet the demands of the commitment of activity, except justified cause, provided that the act is not classified as another minor infringement or serious.
  5. Do not provide public employment services the information necessary to receive notifications and communications.

The summons or communications made by electronic means will be valid for notifications, where workers have given their prior consent.

  1. Not complying, except justified cause, the requirement to maintain the registration as a jobseeker, required to continue to receive the benefit.

Grave breaches:

  1. Do not inform the public employment service state, unless there is justified cause, low in benefits when occurring situations that lead to the suspension or termination of the right to the provision, or if you are eligible to receive the benefit when, for any of these cases, the benefit has been perceived improperly.
  2. Reject a job offer adequate, whether it is offered by public employment services, as the placement agencies (when these activities in the area of collaboration with those), except cause.
  3. Refuse to participate in the work of social partnership or employment programmes, including vocational integration, or in promotional activities, training or retraining, offered by public employment services, except cause. As well as the actions of vocational guidance and information offered by the placement agencies (when they are operating in the area of collaboration with those).

Serious offences:

  1. Act fraudulently to obtain improper benefits or higher than those that match, or to prolong unduly their enjoyment by providing data or false documents, the simulation of the employment relationship and omitting statements or other legally binding failures that may cause perceptions fraudulent.
  2. Reconcile the application or perceive of benefits or unemployment benefits, as well as the provision for cessation of activity of self-employed workers with work or self-employment, except in the case of part-time work, as described in the relevant regulations.
  3. Agree with the employer or the entrepreneur to obtain improperly any provision of Social security.
  4. Assign or not divert the amounts payable of unemployment benefit in accordance with building programmes of employment.

Mild:

  • 1 Th. Infringement. Loss of 1 month of benefits.
  • 2 Th. Infringement. Loss of 3 months of benefits.
  • 3 Th. Infringement. Loss of 6 months of benefits.
  • 4 Th. Infringement. Extinction of benefits.

Apply these ranges from the first offence and when, between a minor offence and the previous, have not spent more than 365 days, regardless of the type of infraction.

Serious:

  • 1 Th. Infringement. Loss of 3 months of benefits.
  • 2 Th. Infringement. Loss of 6 months of benefits.
  • 3 Th. Infringement. Extinction of benefits.

However the previous scale is punishable by the extinction of the delivery, not communicating, except justified cause, casualties in benefits when occurring situations that lead to the suspension or termination of the right, or when they cease to qualify for the qualifying, when by any of these causes improperly received the benefit.

Apply these ranges from the first offence and when, between a grave breach and the previous, have not spent more than the 365 days, regardless of the type of infraction.

Very serious:

In the case of benefits or unemployment benefits or the provision for cessation of activity of the person autonomous worker, serious offences are punishable by extinction.

Likewise, they may exclude from the right to receive any economic benefit and, in its case, aid for promoting employment for a year, as well as the right to participate during this period in vocational training for employment.

Nevertheless previous sanctions, if not obligations are met and that affects the implementation and maintenance of eligibility for the benefit, the public employment service State (SEPE) may provisionally suspend delivery until the administrative decision is final.

Regardless of the imposition of the sanction, will be returned amounts unduly.