Legal status of unemployment
Legal situations of unemployment are the causes for ending or suspended the employment relationship not dependent on the will of the individual workers.
Allow individuals to workers access to unemployment benefits, if they meet the requirements.
The following are the legal situations of unemployment.
- Completion of the death, retirement or disability of the enterprise or employer.
- Completion of the contract by circumstances of production, training contract or the contract for replacement of individual workers.
- Completion of the employment relationship for reasons inherent to all workers in the construction sector.
- Cessation for not overcome the trial period at the request of the entrepreneur or entrepreneurs, provided that the termination of the employment relationship has been by previous became legally unemployed or within three months from the same.
- Completion of the productive activity.
- Suspension or reduction of working hours by ERTE or court judgements in insolvency proceedings
- Completion of the administrative relationship temporary staffing and administrative staff.
- Cessation as a partner or partner of a worker cooperative trial unfair, expulsion, or temporary cessation or final in the activity of the cooperative for economic, technological, organizational, production or by force majeure, finalization of the company link.
- Termination or suspension of the working group on its own decision of the victim of gender violence or sexual abuse when forced to leave their jobs as a result of such violence.
- Decision of the individual worker at the end of the employment relationship for some of the following grounds:
- Substantive changes in the working conditions (opening hours, day, work shifts, system of salaries and salary levels, functions, when exceeding the limits of the functional mobility).
- Non-payment or continuing delay payment of wages, or serious breach of its obligations by the employer.
- Relocation of the centre of work that requires change of residence.
Termination of the agreement of the person employed worker's home by one of the following cases, provided that they are justified:
a) decrease in income of the family unit or an increase of expenditures by circumstance illegality generally occurs.
b) substantial modifications to the needs of the family unit to justify to remove the individual worker.
c) El comportamiento de la persona trabajadora que fundamente de manera razonable y proporcionada la pérdida de confianza de la persona empleadora.
In addition there are other circumstances defined as legal situations of unemployment that do not derive from the termination or suspension of a contract of employment, are as follows:
- The return from abroad of a person spanish workers of migrants.
- The release of a prison or custody by sentence or probation.
The declaration of fully capable or partial permanent disability, as a result of a file of an improved situation of disability in the total, absolute or major disability.