Appointment Electronic

Traducción automática

El presente sitio Web está traducido a varias lenguas españolas oficiales en sus respectivos territorios, de conformidad con lo establecido en el artículo 3 de la Constitución Española de 1978 y sus Estatutos de Autonomía.

Las lenguas son el catalán, el euskera, gallego, valenciano, inglés y francés. Se advierte que, con carácter general, puede existir un desfase entre la versión en castellano y en las otras lenguas, derivado del proceso de traducción a las mismas.

Preguntas frecuentes sobre prestaciones por desempleo

Who,from 1 November 2024 , start a new subsidy and find a full-time or part-time job they can continue to receive the subsidy as a employment support supplementover 180 days.

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Yes,from 1 November 2024 those who start an unemployment benefit by maintaining one or more part-time contracts may receive the benefit as a supplement to employment support for a maximum of 180 days.

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To apply for a contributory unemployment benefit online, you must have a digital certificate, an electronic ID card or a cl@ve username and password, and be registered as a jobseeker with your regional employment service or, if you live in Ceuta or Melilla, with the Public State Employment Service (SEPE).

You simply need to access the SEPE electronic office and, under the section "Electronic procedures and services", select "Individuals" and then click on "Apply for contributory benefit".

A "User guide" for the application and a "Video guide on how to apply for a contributory benefit" are available.

You can also submit a provisional request for access to unemployment protection by sending the pre-application form.

If required, the SEPE will contact you by phone or email to complete the information or request the necessary documentation.

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Once your benefits application has been submitted, the Public State Employment Service (SEPE) is required to issue an explicit decision in all procedures and notify you accordingly. When your application has been processed, you will receive the SEPE decision at your home address or at the address you provided for notifications, informing you whether it has been approved or rejected and, in the latter case, explaining the reasons.

You can check the status of your application at any time:

If three months have passed since you submitted your application and you have not received a decision, it may be considered rejected due to administrative silence. In this case, you may submit a prior complaint before resorting to the courts.

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If you live in an Autonomous Community, to register as a jobseeker you must do so at the public employment service office that corresponds to your place of residence.

You must go in person with your identification document (if you are a foreign national, you will also need your residence and/or work permit), your Social Security card (for foreign nationals, only if you have previously worked in Spain), and any certificates related to your academic or professional qualifications, if applicable.

If you live in Ceuta or Melilla, you must register as a jobseeker at the State Public Employment Service (SEPE) office corresponding to your address, providing the same documentation mentioned above.

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Applying for unemployment benefits is a personal responsibility. You can submit your application through the State Public Employment Service online platform provided you have a digital certificate, an electronic ID card, or a Cl@ve username and password.

You may also apply in person at the benefits office (the employment office in the case of Ceuta and Melilla) corresponding to your place of residence, after booking an appointment either online or by phone.

If the application is submitted through a representative, that representation must be duly accredited by any legally valid means that provides reliable evidence, or through a declaration made in person.

Administrative procedure regulations also allow applications to be submitted through the registers of any body belonging to the State General Administration, your Autonomous Community or local authorities, as well as post offices, Spanish diplomatic missions or consular offices abroad, or any other register established under current legislation.

Please note that, in order to receive unemployment benefits, you must be registered as a jobseeker. Registration must be completed in person at the employment office corresponding to your place of residence.

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If you leave a job voluntarily, you are not entitled to receive unemployment benefits, as regulations require that the end of the employment relationship must not be due to your own decision. The unemployment protection system is designed to support people who are willing and able to work but are currently without a job.

If you later work for a new company and the employment ends because you do not pass the probationary period at the employer’s decision, and less than three months have passed since your previous voluntary resignation, you will not be entitled to unemployment benefits either. However, you may receive them if the termination in the second company is involuntary for a reason other than failing the probationary period (for example, the end of a fixed-term contract), regardless of the time elapsed since the previous voluntary resignation.

If, after two terminations for failing to pass the probationary period at the employer’s initiative, you start a new job and it also ends for the same reason, you will only be entitled to unemployment benefits if at least three months have passed between the second and third terminations.

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In order to receive unemployment benefits, you must be registered as a jobseeker.

If you fail to renew your registration, you will no longer be listed as a jobseeker and, as a result, the Spanish Public Employment Service (SEPE) will suspend benefit payments for the periods in which you are not registered.

As an exception, payments will not be suspended if you are combining unemployment benefits, as employment support, with a full-time salaried job.

Your benefits will be reinstated from the date you provide proof of a new registration as a jobseeker, following your appearance before SEPE.

More information: Obligations, infringements and penalties.

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The amount of unemployment benefit is calculated on the basis of the so-called regulatory base, which is the average of the contribution bases for the last 180 days worked prior to termination of employment. For the first 180 days, the benefit amounts to 70% of this base; from day 181 onwards, it is reduced to 60%. If, during the last 180 contribution days, you had several part-time contracts with different working-time percentages, the calculation will be based on the average in relation to the days contributed.

The amounts resulting from this calculation may not fall below the minimum threshold nor exceed the maximum limit established by law, according to the public income indicator for multiple purposes (IPREM) and depending on whether or not you have dependent children. Where there have been changes in the working-time percentage, these limits will apply to the calculated average.

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As contributory unemployment benefits can be combined with part-time salaried work, if the loss of your full-time job was involuntary you will be considered legally unemployed and may receive the benefit, provided you meet the remaining general requirements.

The duration of the benefit is calculated by taking into account all contribution periods that have not been used in the six years prior to becoming legally unemployed. This includes contributions from the job you have lost, the job you keep, and any other employment relationships you have had during that period.

The amount of the benefit is calculated based on the contributions made during the last 180 days worked prior to termination, including those relating to both the contract that ends and the one that continues. From this amount, the proportion corresponding to the part-time work you keep is deducted.

 More information on combining benefits and work is available at: “I am receiving unemployment benefits and I have found a job” and “Employment support supplement for contributory benefits”.

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Regardless of the weighted average of the contributory benefit already exhausted, the working hours in the last job prior to entitlement, and the hours worked in previous employed positions before applying for the insufficient contributions allowance, no part-time reduction percentage will be applied to benefits whose qualifying event occurs on or after 1 November 2024.

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From 1 November 2024 onwards, following the entry into force of Royal Decree-Law 2/2024 of 21 May, if, at the time your contributory benefit is exhausted, you are under 45 years of age, have no family responsibilities and meet the own-income requirement, the exhausted contributory benefit must have lasted at least 360 days, in addition to meeting the remaining eligibility requirements.

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Individuals who, from 1 November 2024 onwards, start receiving a new allowance and find full-time or part-time employment may continue to receive the allowance as an employment support top-up for a period of 180 days.

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Yes, from 1 November 2024 onwards, individuals who start receiving an unemployment allowance while holding one or more part-time contracts may continue to receive the allowance as an employment support top-up for a maximum period of 180 days.

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If, as of 1 November 2024, you are a beneficiary of the Active Integration Income programme, you will continue to receive benefits under that programme until it comes to an end.

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From 1 November 2024 onwards, both the benefit and the allowance may be combined with participation in training placements, external academic placements included in education programmes or employment training programmes, whether paid or unpaid.

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The benefit and the allowance may be combined with the receipt of non-contributory Social Security benefits, such as the Minimum Living Income, as well as with any type of minimum income schemes, social wages or similar social assistance benefits granted by any public authority.

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If the SEPE has notified you of the recovery of an unduly paid amount and you are unable to settle the full amount within 30 days of the notification, you may submit a request for payment in instalments, including your proposed monthly repayment plan, for a maximum period of up to 5 years.

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You may qualify for the allowance for people aged 52 and over if you meet the required contribution conditions, provided that you have previously received a benefit other than the SED (the RAI is not considered an allowance and exhausting it alone does not grant access) and that, since then, you have remained continuously registered as a jobseeker, or with interruptions of less than 90 calendar days or due to having carried out an employment activity. To submit your application in person, you will need to book an appointment via the SEPE e‑office or by telephone.

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If you are 54 years old and it has been almost a year since you stopped receiving unemployment benefit after exhausting your contributory allowance, and you have not worked since then, you may be entitled to the allowance for workers over the age of 52, provided that you meet the required contribution conditions and your monthly income does not exceed 75% of the statutory minimum wage, excluding the proportional part of extra payments. In addition, you must have remained continuously registered as a jobseeker since accessing the previous allowance, or only experienced breaks of less than 90 calendar days or interruptions due to having carried out some form of work.

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To receive unemployment benefits, you do not need to file a claim against the dismissal with the Labour Court, nor does the dismissal need to be classified by a court ruling as fair, unfair or null. The employer’s notification of the dismissal is enough to prove your legal unemployment status and apply for unemployment benefits.

This does not prevent you from contesting the dismissal at the same time. Once the claim has been resolved, you may submit a new application for benefits. If necessary, the decision on the benefits you were receiving will be adjusted based on the outcome (type of dismissal and whether back pay applies).

More information in the section: "What is your current situation?"

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If you work in a business owned by a family member related to you by blood or marriage up to the second degree, and the business is run by an individual entrepreneur, you are not entitled to unemployment benefits if you live with that person and there is no evidence of a genuine employment relationship.

To assess this, all relevant factors will be considered together to determine whether an employment relationship exists: the actual period of work and social security contributions, any changes in the affiliation scheme, whether you belong to a different household, the existence of real and effective work, the closeness of the family relationship, or any previous entitlement to benefits following an earlier employment relationship with the same employer, among others.

However, you may be entitled to unemployment benefits if you do not live with your family member, if the business is a commercial or worker-owned company, and if you hold no shares in its capital.

You will not be entitled to unemployment benefits if the family member you live with holds at least 50% of the company’s share capital, unless there is evidence to the contrary. You may be entitled if that shareholding is below 50% or if you do not live with family members who hold that percentage.

If your father or mother are self-employed, they may hire you as an employee if you are under the age of 30, even if you live with them. In this case, you will not pay unemployment contributions and will not be covered for unemployment. However, if that employment ends, you may be able to prove a legal situation of unemployment and, provided you have sufficient previous contributions and meet the other requirements, you may be eligible for unemployment benefits or a subsidy for insufficient contributions.

If, once you turn 30, you continue working with your parents and both of you submit a joint declaration to the General Treasury of Social Security (one from the parent and one from you) stating that you are employed under an employment contract, you will then be able to start contributing for unemployment.

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If you are you may receive unemployment benefits when you stop working, during periods of productive inactivity between work seasons.

If you are receiving unemployment benefits as a fixed-term seasonal worker and you resume work on a part-time basis, you will not be able to combine the benefit with part-time work if that same employment relationship was the reason you qualified for the benefit. In this case, the benefit will be suspended.

Fixed-term seasonal workers may be entitled to the unemployment subsidy for people aged 52 and over when the qualifying event occurs on or after 2 March 2022.

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If you leave a job voluntarily, you are not entitled to unemployment benefits. According to the law, in order to qualify for unemployment benefits, the termination of employment must not be the result of your own decision, as the unemployment protection system is designed to support people who are willing and able to work but do not have a job.

If you later work for another company and your employment ends again because you fail to pass the probationary period at the employer’s initiative, and less than three months have passed since you voluntarily left your previous job, you will not be entitled to unemployment benefits either. However, you may receive them if the involuntary termination in the second company is for a reason other than failing the probationary period (for example, the end of the contract), regardless of the time elapsed since the previous voluntary resignation.

If, after two terminations due to failing the probationary period at the employer’s initiative, you start a new job which also ends for the same reason, you will only be entitled to unemployment benefits if at least three months have passed between the second and the third and final termination.

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First of all, it is important to distinguish whether you will be receiving a contributory benefit or a means-tested allowance (subsidy).

In the case of a contributory benefit, dependent children under the age of 26, or over that age if they have a disability, as well as fostered minors who do not receive any income, may increase the minimum or maximum limits of your benefit.

If you apply for a subsidy, you will be considered to have family responsibilities when you have a spouse, children under 26, dependent adults with disabilities, or fostered minors in your care, provided that the income of the household, including the applicant, divided by the number of household members, does not exceed 75% of the statutory minimum wage, excluding the proportional amount of two extra payments.

For this reason, you may claim family responsibilities or dependants in relation to a spouse, but not in relation to a domestic partner.

If you are legally separated or divorced, common children of the marriage will be considered family dependants when they live with you, provided they meet the age requirements (under 26 or over that age if disabled) and do not have their own income.

If they do not live with you but you are required, by court ruling or legally binding agreement, to pay child maintenance, they will also be considered family dependants provided they meet the stated requirements.

A de facto separation, where no application for annulment, separation or divorce has been submitted or no interim measures have been issued by a judge, does not dissolve the marital bond, and spouses remain obliged to share marital responsibilities.

A de facto separation does not alter the composition of the household or the income assessment method; therefore, the spouse and their income will not be excluded from the household. However, you may exclude your spouse from the household if you can demonstrate that an application for annulment, separation or divorce has been formally admitted, even if no court ruling or interim measures have been issued.

In the case of marriage, if your spouse has children from a previous relationship and they live with the couple, they will form part of the household and may be declared as dependants, provided they are under 26, over that age with a disability, or fostered minors, and do not receive income exceeding 75% of the statutory minimum wage.

However, if you have a domestic partner, your partner’s children may not be declared as dependants and their income will not be taken into account when determining family responsibilities. Likewise, your domestic partner cannot be declared as a dependant.

As an exception, if you are a victim of gender-based violence, the perpetrator will not be considered a member of your household and their income will not be taken into account when assessing family responsibilities.

 

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A domestic partnership is considered to exist where two people maintain a stable relationship similar to marriage, provided that they are not legally barred from marrying, are not married to each other or to a third party, and have not formed another registered partnership, and that such relationship is proven by means of a certificate of registration in one of the specific registers established by the Autonomous Communities or local councils at the place of residence, where applicable, or by a public deed confirming the establishment of the partnership.

Both the registration and the execution of the corresponding public deed must have taken place at least two years prior to the date on which the subsidy application is submitted.

The requirement to be registered as a domestic partnership or to formalise the partnership in a public deed will not apply where the couple has children in common.

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If, while receiving an unemployment subsidy, your economic or family situation changes, or that of your household (where the subsidy involves family responsibilities), or if you receive monthly income exceeding 75% of the statutory minimum wage, excluding the proportional amount of two extra payments (amounts applicable for this year), for a period of less than 12 months, the subsidy will be suspended and may be resumed once you stop receiving that income. If, after 12 months, the requirement is still not met, the subsidy will be terminated.

In all cases, you are required to notify the benefits office (the employment office in the case of Ceuta and Melilla) of any change in your economic situation and to request, where appropriate, the cancellation of unemployment benefits as soon as situations arise that lead to the suspension or termination of the benefit, or when you no longer meet the conditions required to receive it.

If the subsidy you have been granted does not require family responsibilities, you will only need to report changes in your own income. In this case, if the income of other household members changes, you may continue to receive the subsidy and it will not be necessary to notify the benefits office of that change.

Please note that income is calculated on a gross basis.

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To be entitled to contributory unemployment benefit, you must have paid unemployment contributions for at least 360 days over the last six years.

However, there are certain circumstances in which workers may be eligible for an unemployment subsidy even if they have not previously worked in Spain, provided they meet specific requirements. These circumstances include:

  • Being a returning migrant to Spain.
  • Being a victim of gender-based violence, sexual violence, or violence exercised by parents or children.

For further information, you may contact the citizen information helpline.

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If you have worked for 420 days, you are entitled to four months of benefit, the same as if you had worked 360 days. Any additional days cannot be saved for a future benefit claim.

The length of the benefit period is calculated using a scale divided into bands based on the number of days worked and contributed (from 360 to 539 contributed days entitle you to 120 days of benefit; from 540 to 719, 180 days; from 720 to 899, 240 days, and so on).

In your case, having accrued a total of 420 contributed days places you within the 360–539 day band, which entitles you to 120 days of benefit. The same entitlement would apply whether you had worked the minimum of 360 days or reached the upper limit of the band, in this case 539 days.

Any remaining days cannot be used to qualify for a subsequent benefit.

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If your employment contract ends for reasons beyond your control, you may be entitled to unemployment benefit provided you meet the remaining legal requirements:

  1. Being registered with the Social Security system and in active employment status or a comparable situation.
  2. Having completed at least 360 days of unemployment contributions within the six years prior to the legal unemployment situation.
  3. Being in a legal state of unemployment and demonstrating availability to actively seek work and to accept suitable employment by signing the activity agreement.
  4. Not having reached the statutory retirement age, unless you have not met the minimum contribution period required or the case involves suspension of the contract or a reduction in working hours.
  5. Being registered as a jobseeker with the relevant public employment service.

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If you are a foreign worker and you reside in or are legally present in Spain, you are entitled to unemployment benefits under the same conditions as Spanish nationals.

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If you apply for unemployment benefits when you move into a period of voluntary leave from your company, your application will be rejected because you are not in a legal situation of unemployment.

However, if while on voluntary leave you work for a different company and, when that contract ends for reasons beyond your control, you apply for unemployment benefits, you may be entitled to them in the following cases:

  • If the period of voluntary leave has not yet ended at the time the legal situation of unemployment arises. In this case, if the benefit period is longer than the leave period, you will receive the benefit until the leave ends. At that point, the benefit will be suspended, as you must request reinstatement with your company and await its response. If the company states that it cannot reinstate you due to the lack of a suitable vacancy, or denies reinstatement at that time but agrees to re-employ you at a later date, you may continue to receive unemployment benefits until the date of reinstatement or until the benefit entitlement expires.
  • If the duration of the voluntary leave has already ended when you apply for benefits, or if no minimum leave period was established. In this case, you must first request reinstatement with the company. Until the company responds, the unemployment benefit application cannot be decided, as there is no legal situation of unemployment. If the company replies that reinstatement is not possible at that time, a legal situation of unemployment will be established and the benefit application may be processed.

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If your full-time contract with your company ends and the same company offers you a new part-time contract, as these are two separate contracts, you will be entitled to partial unemployment benefits. The amount will be calculated based on the percentage of working time you are no longer employed.

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If you are receiving an unemployment subsidy, other members of your household may also receive it, provided they meet the required conditions (family responsibilities and income, where applicable).

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If you are a company director or a member of the board of a commercial company, you may be entitled to unemployment benefits provided the following conditions are met:

  • You also carried out work as an employee under an employment contract within the company.
  • Your role did not involve management or executive functions.
  • You do not hold effective control of the company.

You will not be entitled to unemployment benefits if:

  • You hold effective control of the company.
  • You performed management or executive functions within the company.

However, since this situation is treated as equivalent to employment under an employment contract (although without unemployment contributions for Social Security purposes), you may apply for unemployment benefits once the employment relationship ends. In this case, when calculating the period of insured employment, contributions made during the six years prior to the start of this last employment relationship, in managerial roles and as a director or board member, will be taken into account.

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The period of leave taken to care for a child is not counted as insured employment for unemployment benefit purposes. However, when you apply for unemployment benefits, the start of the six-year period prior to the legal situation of unemployment used to calculate contributed days will be moved back by the length of time you were on leave.

The period of leave, up to a maximum of three years, taken to care for each child is considered a situation equivalent to being in active employment.

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If the number of dependent children changes while you are receiving unemployment benefits, this may affect the amount paid, as the minimum and maximum thresholds will need to be reviewed. However, changes in your spouse’s situation do not affect contributory unemployment benefits.

If you are receiving an unemployment subsidy and there is a change in the circumstances of the people who make up your household (including your spouse), for reasons such as employment, unemployment, birth or death, this may affect the continuation of the subsidy if you were required to demonstrate family responsibilities. It may even result in a change to the type of subsidy if you move from having no dependants to having dependants within twelve months of the qualifying event.

It is essential to inform the State Public Employment Service of any changes in the number of household members or in their economic or employment status, so that your situation can be reviewed and appropriate adjustments made.

Failure to report these changes may have serious consequences. If undue payments are detected, disciplinary proceedings for a serious offence may be initiated, potentially leading to the termination of the subsidy.

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You will be if, when your contract ends, you have paid unemployment contributions for at least 360 days.

Contributions made under any Social Security scheme that includes unemployment contributions will be taken into account, including those paid as a domestic employee, as this group has been required to contribute to unemployment insurance since 1 October 2022.

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No, the contributions used to qualify for an unemployment subsidy cannot be taken into account to access a future contributory unemployment benefit.

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The-employed activity does not constitute a legal situation of unemployment.

However, if after the end of an employment contract that did constitute a legal situation of unemployment you did not apply for the benefit you were entitled to and instead immediately started working as a self-employed person (for a period of less than 12 months, otherwise you would be entitled to an activity cessation benefit), you may be able to apply for unemployment benefits in certain circumstances.

If you had been granted unemployment benefits after the termination of your employment and subsequently suspended them in order to start working as a self-employed person under a social welfare mutual fund alternative to the Self-Employed Social Security Scheme, you may resume the benefits when that activity ends, provided the period of self-employment lasted less than 24 months. If the benefits were suspended because you registered as a self-employed worker under the Self-Employed Social Security Scheme or the Special Scheme for Sea Workers, you may resume them if the duration of the self-employed activity was less than 60 months.

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If you are a Spanish national who has not worked abroad, you cannot be regarded as a returning migrant worker for the purpose of claiming unemployment benefits or subsidies administered by the State Public Employment Service.

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It is necessary to distinguish whether the company you belong to and in which you cease your activity is a worker‑owned company or a capital‑based commercial company.

  • If it is a worker‑owned company and you become involuntarily unemployed, you may be entitled to unemployment benefits, except in the following cases:
    • If you carried out management or executive functions within the company and received remuneration for them, regardless of whether there was also a standard or special employment relationship.
    • If you performed such functions and, at the same time, were linked to the company under a senior management contract, with or without remuneration.
    • If you individually hold the majority of the company’s share capital.
    • If you, together with your spouse or relatives up to the second degree of consanguinity or affinity with whom you live, jointly hold shares representing the majority of the share capital, unless you can demonstrate that effective control requires the involvement of persons outside the family circle.

However, worker‑members of worker‑owned companies, where the number of members does not exceed twenty‑five, even if they form part of the company’s governing body and whether or not they have management powers, are entitled to all Social Security benefits applicable to employees according to their activity, as well as unemployment protection and coverage by the Wage Guarantee Fund.

  • If it is a capital‑based commercial company and you become involuntarily unemployed, you may also receive unemployment benefits, except:
    • If you are simultaneously a member of the company’s governing body and the role involves management or executive functions, with remuneration either for that role or for your status as an employee. In this case, you are included in the General Social Security Scheme as a person assimilated to an employee, without entitlement to unemployment protection.
    • If you hold effective control of the company by owning at least 50% of the share capital, either individually or jointly with other partners with whom you cohabit and with whom you have marital or family ties up to the second degree.
    • If you individually hold at least one third of the share capital.
    • If you individually hold at least one quarter of the share capital and have been assigned management and executive powers within the company.

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In general, all work carried out as an employee contributes to unemployment insurance, provided it is included in the General Social Security Scheme, the Special Agricultural Scheme or the Sea Workers’ Scheme, as well as training contracts.

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In cases of closure of the company, although it is not necessary, you should claim against dismissal for this cause, as to demonstrate your became legally unemployed would be necessary, if there is no redundancy notices, a report or the minutes of the inspection of labour and Social security where instruction is the involuntary termination in the provision of services and its effects or, where appropriate, through administrative act of conciliation in indicating that has challenged the dismissal and the company has not been brought, provided that, in any event, they should be set up your low in the Social security.

You can request your provision:

  • Through Internetif you have digital certificate or electronic identity card, username and password cl@ve.
  • Referring to the office for appropriate features (office of employment in the case of Ceuta and Melilla), upon request from the quotation Electronicthe state employment service Estatal (SEPE) or telephone.

In the case you are not able to contribute any documents necessary for the recognition of the provision, you must so inform the public employment service Estatal (SEPE) through "modelStatement of lack of documentation in the application of benefits", which offer in the office of benefits (office of employment in the case of Ceuta and Melilla), specifying the cause of lack of documentation. If such cause was the refusal to facilitártela business, the public employment service will State its handling of request for documentation to the company.

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As you are currently serving a custodial sentence, you do not meet the availability for work required to receive benefits. For this reason, while you remain in prison you will not be able to apply for any type of benefit.

Once you have completed your sentence, you will be regarded as being in a legally recognised situation of unemployment and you may apply for a contributory benefit if, in the six years prior to entering prison, you can show that you paid contributions for at least 360 days to the General Social Security Scheme or to any other scheme that covers unemployment, or if you have completed this contribution period through work carried out while in prison, provided that you meet all other eligibility requirements.

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When your employment relationship with a temporary work agency (ETT) ends because the assignment contract at the company where you were working has expired, this is considered a legally recognised situation of unemployment. The same applies to the end or interruption of activity for workers on discontinuous permanent contracts.

Therefore, if you also meet the remaining requirements to qualify for unemployment benefits, you may be entitled to receive them.

You can find more information about the eligibility criteria for contributory benefits by clicking here.

You can apply for unemployment benefits:

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As the perception of contributory unemployment benefit is compatible with the employed workforce part-time, if the loss of full-time employment has been involuntarily, you would find legally unemployed and you could draw meeting, provided that the rest of the general requirements.

The duration of the indemnity is calculated taking into account all periods that have not been used in the six years prior to the legal situation of unemployment, and these include the contributions of the work that you lose, you keep and of all employment relationships you had during that period.

The amount of benefit is calculated by the contributions of the past 180 days worked prior to cessation, considering the corresponding contract finalizas and you keep. Of that amount is deducted the proportionate share for the work part-time you keep.

More information on the compatibility of the provision and work in: “I am unemployed and i have found a job”.

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Yes, you may receive unemployment benefits if the post that was exclusively desempeñabas director or director-general with a special contract management is regular or a contract, provided they comply with the other requirements of access to benefits.

If, in addition to the directorate-general, have played a post of counsellor/a or admin in a society, bear in mind that, although the Social Security for this situation is assessed to be assimilated to employment, are excluded from protection against unemployment do not pay for this contingency.

In the event, if you are unintentionally in, opt out of unemployment benefits by be legally unemployed. However, the minimum period required for access to the benefit is calculated taking into account the contributions of the previous six years at the beginning of the Final contract cesas in the post of executive direction and counsellor or admin.

You can apply:

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Yes, are included in the unemployment protection persons occupying senior positions in public administrations which are not staff members or staff members and have full-time judges and the representative positions in trade unions on a full or in part to play leadership roles, provided that everyone receive salaries.

If you are a high office of the administrations, you will not be entitled to protection by unemployment if, as a result of the cessation, you could receive salaries, emoluments or any type of provision.

However, if you had an employment relationship employment when you were chosen or elected, the performance of the office included redundancy payment in the employment relationship with the right to re-entry and reserve position. If the end of the mandate, the return cannot be carried out by disappearance of the enterprise, by refusal of business with the statement of dismissal or for other reasons, you will have the right to unemployment benefit, taking into account the contributions raised, including prior to the situation of redundancy payment, which shall be a high status to the situation.

If you are recipients of unemployment benefits and performance of public office or trade union implies full-time delivery is suspended. Ended mandate, you can choose to resume the provision or receive a new in the case of a sufficient period of contribution.

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If you live in a country that borders Spain but were working in Spain and your contract comes to an end, unemployment benefits will, for all purposes, be granted in accordance with the legislation of the country where you live. Therefore, when your employment in Spain ends, you must apply for unemployment benefits in your country of residence.

However, if your employment relationship is suspended or your working hours are reduced under a temporary employment regulation scheme, Spain will remain the competent authority, provided that you remain available to the employer and to the Spanish public employment services.

Spain is also the competent authority if you are a worker on a discontinuous permanent contract and apply for unemployment benefits during periods of inactivity between seasons.

If Spain is the competent authority, you can apply for unemployment benefits:

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The child the prerogative of your spouse or that do not live with you do not consider that is at your expense, although their parent/a is obliged to provide food.

More information on family responsibilities in relation to unemployment benefits in: “Family responsibilities".

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If you are a person in an agricultural worker exploitation for which it holds a family member who live with, in order to contribute and access to unemployment benefits, you must prove that you are a childminder.

For this purpose, are considered family members of the working person's spouse or relatives by consanguinity, affinity, or adoption, to the second degree inclusive (sons and daughters, mother, father, grandsons and granddaughters, grandfathers and grandmothers, brothers and sisters, brothers and cuñadas, daughters-in, father, son and mother in law).

More information on unemployment benefits for working people in the field: “I am a person's working field".

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When retornes to spain, you can request and have the right to the unemployment benefitif reúnes sufficient contributions prior to your departure. Will take into account the contributions of six years prior to such a way out.

If you don't have sufficient contributions prior to your departure from spain, find work or teniéndolas upon return and not ask for unemployment benefit, if we subsequently had to establish a new legal situation of unemployment benefits to access, you will be taken into account the contributions of six years prior to your stay abroad, but not the period of validity outside spain.

If you do not have sufficient contributions prior to your departure from spain after your return, you can access, you are able to meet all requirements for it, grant returnee migrant person.

More information on: “I am returning emigrant”.

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You can have the right to unemployment benefit you reduce working hours for some of the following:

  1. For business decision, in accordance with article 47 the consolidated text of the law of the workers' statute. Reduced working hours must be temporary and be placed in a 10 and 70 per cent of the day daily, weekly, monthly or yearly, and whenever the wage is reduced in a similar way and is due to economic, technical, organizational or production occurs, or force majeure, in which case will require the authorization of the labour department.
  2. By judicial decision taken in a bankruptcy proceedings, without that are covered reductions in final days or spread across the entire period, the rest of the duration of the contract.

There will be whether the time is short or long remaining period to meet the employment contract.

Therefore, if your company and you remember your reduce working hours you will not be able to receive unemployment benefit, with the understanding that the reduction of the day is accepted by you as a change in working of your contract.

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Yes, you can receive the benefit or unemployment, that thou always obligations required to receive such benefits, including those stemming from the signing of the The agreement of activity being signed when the application is submitted to the public employment service Estatal (SEPE) to increase employability.

Moreover, to determine if you meet the requirements for access to a lack of income or family responsibilities, not income is computed as the amount of the financial benefit for care in the family environment of the unit.

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Once you have submitted your application for unemployment benefits and provided that all required documentation is complete, the Spanish Public Employment Service must issue a decision within 15 days from the date of submission and notify you within 10 days from the date the decision is made.

If three months have elapsed since you submitted your application and you have not received any response, the application will be deemed rejected due to administrative silence, and you may then file a prior complaint before taking legal action.

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To apply for contributory unemployment benefits online, you must have a digital certificate, an electronic ID card, or a cl@ve username and password, and be registered as a jobseeker with the regional employment service or, if you live in Ceuta or Melilla, with the Spanish Public Employment Service (SEPE).

You simply need to access the SEPE e-office, go to the “Electronic procedures and services” section, click on “Individuals”, and then select the link “Apply for your contributory benefit”.

The application displays a “User guide” and a “Video guide on how to apply for contributory unemployment benefits”.

Alternatively, you may submit a provisional application for unemployment protection by sending the pre-application form.

If required, SEPE will contact you by phone or email to complete the information or request any essential documentation.

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If your former spouse does not pay the child support awarded by a court ruling in favour of your children, you must be able to prove this by means of a judicial decision confirming the non-payment of the support or stating that it is not possible to enforce the judgment ordering your former spouse to pay the debt. To do so, you must have previously brought the appropriate civil or criminal proceedings.


As a general rule, court-ordered child support in favour of children is treated as their income when assessing whether they qualify as dependants for contributory benefits or, in the case of unemployment assistance, when determining family responsibilities. Where payment has not been made and this situation is duly confirmed by a judicial decision, the amount of child support will not be regarded as the children’s income.

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If you live in an Autonomous Community, to register as a job seeker you must do so at the public employment service office that corresponds to your place of residence.

You will need to attend in person with your identification document (if you are a foreign national, your residence and/or work permit is also required), your Social Security card (if you are a foreign national, this is only necessary if you have previously worked in Spain), and any documents certifying your professional or academic qualifications, if applicable.

If you live in Ceuta or Melilla, you must register as a job seeker at the State Public Employment Service (SEPE) office that corresponds to your place of residence, providing the documentation mentioned in the previous paragraph.

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To demonstrate the family burdens on the assumption that one of the parents is unaccounted for, the interested party must bring defamation proceedings of action between parents and children and obtain a judicial ruling in which, if any, will be reflected defaulting on maintenance or if there is the payment, which will not exceed the 75 % the minimum wage (SMI).

If on the date of application of the provision has not yet been issued this judicial ruling, is provisionally can bring about the justification of having been admitted to proceed.

The Civil Code in its article 143 establishes the obligation of the father and mother to feed their children.

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Whether the company refuses to provide you with the required documentation or has ceased to exist, you must submit your benefits application together with the “Declaration of lack of documentation” form. This form will be supplied by the State Public Employment Service (SEPE). If the company refuses to hand over the documentation, the SEPE will contact the employer directly to request it.

If the company has disappeared, this must be stated on the declaration form mentioned above. The State Public Employment Service will then attempt to contact the company, either directly or through the Labour and Social Security Inspectorate. In cases of force majeure, the company certificate or, where applicable, the contribution documents (TC) may be replaced by other forms of evidence.

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The withdrawal (or abandonment) of a benefits application may only be submitted while the procedure is still being processed, until a final decision is issued on the requested benefit.

The deadline to withdraw ends when the State Public Employment Service (SEPE) issues its decision approving or rejecting the application you submitted.

Therefore, if no decision has yet been made, you may submit a withdrawal request:

The withdrawal request form can be downloaded online.

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To verify the members of your family unit, you must submit the complete Family Record Book, which should include your spouse and children together with their dates of birth, or alternatively, a civil registry certificate of birth or family status. In addition, the DNI or NIE number of each member must be provided.

If you are a foreign national, you will need to submit documents equivalent to those mentioned above:

  • A certificate issued by the competent authority in the country of residence of the family members, duly legalized by the Spanish Consular Office with jurisdiction in the country where the document was issued and by the Ministry of Foreign Affairs and Cooperation, unless the document bears the Hague Convention apostille.
  • A certificate issued by that country’s consulate or embassy in Spain.

This document must certify the marital status, parentage, date of birth, disability, civil status (single or married for children over 16 years of age), and the income level of the family members.

Where applicable, the documents must be accompanied by an official translation.

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Once you have submitted your application within the required deadline, even if you do not yet have all the necessary documentation, the Public State Employment Service (SEPE) office will register the date of receipt and provide you with a written notice specifying the documents still missing, granting you an additional 15-day period to submit them.

If you fail to provide the requested documentation within the indicated timeframe, your application will be placed on file. You will then receive a decision notifying you of this action, against which you may lodge a prior administrative appeal before pursuing judicial proceedings. Once the application has been filed, you may submit a new claim for the benefit, provided that the entitlement has not expired due to the passage of time.

Further information at:

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Applying for an unemployment benefit is a personal responsibility. You can submit your application through the Public State Employment Service online portal provided that you have a digital certificate, an electronic ID card, or a Cl@ve username and password.

You may also submit your application in person at the benefits office corresponding to your place of residence (employment office in the case of Ceuta and Melilla), after booking an appointment online or by telephone.

If the application is submitted through a representative, you must provide proof of such representation by any legally valid means that provides reliable evidence, or by making a declaration during a personal appearance.

Administrative procedure legislation also allows applications to be submitted at the registry offices of any body belonging to the General State Administration, the Autonomous Community, local government authorities, post offices, Spanish diplomatic missions or consular offices abroad, or any other registry established under current regulations.

Please note that, in order to receive an unemployment benefit, you must be registered as a jobseeker. To register, you must attend in person at the employment office of the Autonomous Community, or of Ceuta or Melilla, corresponding to your place of residence.

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You may receive your benefit in the bank account of the financial institution you specify, regardless of the location of the branch, provided that an agreement exists between the bank and the Public State Employment Service (SEPE).

You can update your bank account details online through the SEPE electronic headquarters or your Personal Area, as long as you have a digital certificate, an electronic ID card, or a Cl@ve username and password.

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To continue receiving the benefit for people aged 52 and over, you must submit an annual declaration of your income, accompanied, where applicable, by supporting documentation.

If at no point during the year your income exceeded 75% of the statutory minimum wage (SMI), you may complete the annual declaration online via the electronic portal of the Public State Employment Service (SEPE), provided that you have a digital certificate, an electronic ID card, or a Cl@ve username and password.

If you do not have online access credentials, or if your income exceeded the above threshold in any given month, you must submit the declaration in person at your local benefits office (employment office in the case of Ceuta and Melilla), after booking an appointment via the SEPE website or by telephone.

This income declaration must be submitted once twelve months have elapsed from the date entitlement to the benefit began, or every time twelve months have passed since the last reactivation. The submission period is fifteen working days from the relevant date.

If you fail to submit this declaration, payment of the benefit and social security contributions will be suspended.

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If any member of your household is self-employed, the income obtained from business, professional, agricultural, livestock, artistic or similar activities will be calculated as the difference between gross earnings and the expenses required to generate that income.

Monthly net income actually earned will be taken into account, not reduced net income figures.

The income of a self-employed family member must be substantiated by providing:

  • The installment payment tax return corresponding to the tax period immediately prior to the unemployment benefit application: form 131 (flat-rate assessment), if net income is calculated under the modules system, or form 130 if calculated under the direct assessment method.
  • If the above documentation is not available, the most recent Personal Income Tax (PIT) return filed by the self-employed person.

You may apply for unemployment benefits:

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If you disagree with the decision approving or rejecting your application for unemployment benefits, you may submit a prior administrative appeal to the State Public Employment Service (SEPE) within thirty days of being notified of the decision, where it has been issued expressly. Where no decision is communicated within three months of submitting the application, it will be deemed to have been rejected by administrative silence.

The appeal must be submitted in writing and must state your full name, personal identification details, the address for service of notifications (if different from the one provided in the benefit application), the decision being challenged and the grounds for the appeal, as well as the place and date, your signature, and the authority, office or administrative unit to which the appeal is addressed.

You may attach any documentation you consider relevant in order to support your claim.

The SEPE must respond to the appeal within forty-five days. If no express decision is issued within that period, the appeal will be considered dismissed by administrative silence. In such cases, if you wish to bring a claim before the Labour Court, you must do so within thirty days from the date on which the dismissal is deemed to have occurred. If the appeal is expressly rejected within the deadline, the claim must be filed within thirty days of notification of the rejection.

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SEPE benefits are paid on the 10th of each month. If this date falls on a public holiday, payment is made on the next working day.

You can check your benefit payment details in your Personal Area, provided you have a DNI, an electronic certificate or a permanent Cl@ve, or by using a phone PIN that we will send to your mobile.

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Yes. During all the periods in which you received contributory unemployment benefits, retirement contributions were made on your behalf, as these are paid by the State Public Employment Service.

In the case of non‑contributory unemployment assistance, only the following situations count towards retirement:

  • Benefits for people aged 52 and over. In this case, the retirement contribution base is set at 125% of the minimum Social Security contribution base in force at the time.
  • Benefits for fixed‑term seasonal workers under the age of 52, provided the entitlement arose before 2 March 2022 and at least 180 days of contributions are proven. Retirement contributions are only made for the first 60 days, using the minimum contribution base in force.

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The amount of unemployment benefit is calculated using the contribution base, which is the average of the contribution bases for the 180 days worked immediately before employment ended. For the first 180 days, the benefit is set at 70 % of this base; from day 181 onwards, it is reduced to 60 %. If you have had several part-time contracts with different working-time percentages during those last 180 contribution days, an average is calculated based on the days contributed.

The amounts resulting from this calculation may not fall below the minimum threshold or exceed the maximum limit established by law, according to the public income indicator used for multiple purposes (IPREM) and depending on whether or not you have dependent children. If there is a change in working-time percentage, these limits are applied to the calculated average.

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The State Public Employment Service (SEPE) will continue to pay retirement contributions if you fall into any of the following situations:

  • If you are receiving an allowance for workers aged 52 or over. The contribution base for retirement purposes is set at 125 % of the minimum Social Security contribution threshold in force at any given time.
  • If you are a permanent seasonal worker under the age of 52, can prove 180 days or more of contributions, and the event giving rise to the allowance occurred before 2 March 2022, the first 60 days of receiving the allowance will count towards retirement contributions. In this case, the contribution base is the minimum Social Security contribution threshold applicable at the time.

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You may stop receiving unemployment benefit for any of the following reasons:

  • Because your entitlement to the benefit has been fully used up.
  • As a result of offsetting an overpayment, meaning you owe an amount to the State Public Employment Service (SEPE).
  • Due to the start of a sanctioning procedure. Any proposed sanction involving the suspension of your benefit will always be notified to you by registered mail.
  • Because of an incompatibility: working as a self-employed person or employee, or being granted a Social Security pension or financial benefit. If the job is part-time, you may apply to combine your part-time work with the benefit you were already receiving. To do so, you must book an appointment at your benefits office either online or by phone. The amount of the benefit will be reduced in proportion to the hours worked.
  • If a non-payment code has been applied because you did not receive the benefit in the previous month. In this situation, you must visit your benefits office after booking an appointment via the SEPE electronic office or by phone.

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While you are receiving unemployment benefit, Social Security contributions are paid by the State Public Employment Service (SEPE). It covers the employer’s share and deducts 100 % of the employee contribution from the amount of your benefit.

If you became entitled to the benefit as a result of the termination of your employment contract, you will pay Social Security contributions for the following common contingencies: retirement, permanent disability, death and survivors’ benefits, temporary incapacity, family protection and healthcare. You will not contribute for unemployment, work-related accidents and occupational diseases, the Wage Guarantee Fund or vocational training.

The Social Security contribution base for your unemployment benefit will be the same as the benefit’s reference base, regardless of the minimum or maximum limits applied to the monthly amount.

If you are an agricultural employee on a permanent or permanent seasonal contract, the SEPE will cover 73.50 % of the Social Security contribution. The remaining 26.50 % is payable by you and will be deducted from the benefit amount.

If you resume your benefit after a period of suspension or choose a new benefit you have become entitled to, the contribution bases will be those of the resumed benefit or the new one, as applicable. As regards contributions, the SEPE will pay the employer’s share in full, while the employee’s share will be entirely your responsibility.

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The retention of PERSONAL INCOME TAX (IRPF) occurs because unemployment benefits are considered a taxable income according to the tax laws.

The type of withholding tax to the total amount you receive for unemployment benefits envisaged for the current calendar year and in relation to lulu data to the office of allowances, relating to your personal and family circumstances, to have the right to deductions according to the current tax laws.

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The public employment service you paid State benefit or unemployment allowance monthly instalments of thirty days, as provided for in the current legislation, within one month immediately following that owes payment.

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Were not paid extra pay or contributory benefit or unemployment benefit.

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Family members who are compulsory heirs may receive, for the benefit of the estate as a whole, the benefit to which the deceased was entitled up to the date of death.

Family members who are not compulsory heirs may also receive, for the benefit of the estate, any amounts accrued but not paid up to the date of death, whether in cases of “testate succession” or “intestate succession” (where there is no will).

In order to receive payment, they must submit an application at their benefits office. The form can be downloaded from the website of the State Public Employment Service (SEPE) and must be accompanied by the documentation required for each case.

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The following deductions may be made from your unemployment benefit:

  • Personal income tax (IRPF) withholding, in line with the tax regulations in force at any given time and based on the total annual amount you receive in unemployment benefits.
  • Social Security contributions, as while you are receiving unemployment benefits, the State Public Employment Service (SEPE) pays the Social Security contributions, covering the employer’s share and deducting the worker’s contribution from the benefit. The worker is responsible for paying 100% of their contribution.

    For permanent workers under the Special Agricultural Social Security Scheme, the reduction will be 73.50%.

  • The offsetting of any amount owed to the State Public Employment Service due to the incorrect receipt of unemployment benefits.
  • A garnishment order. 

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Yes, you can request an increase in the Personal Income Tax (IRPF) withholding applied to your unemployment benefit. The request must be submitted in writing at least five days before the end of the month prior to payment. The new rate will remain in effect until the end of the year, unless you withdraw it in writing or request a higher rate.

This is without prejudice to any other adjustments

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You cannot charge unemployment during the period of leave or remain unused sick because you are in legal status of unemployment, which is a prerequisite for entitlement to unemployment benefit.

The legal situation of unemployment is produced, in the first case, after consulting the holiday period that you haven't enjoyed the company and you have paid in the liquidation or discharge, period during which remains compulsory Social insurance payments.

If you encounter of temporary incapacity or for the birth of a son or daughter, and for that situation to an end your contract of employment, the legal situation of unemployment will occur once any of these situations, and will be from this point that you can receive contributory benefit, provided that meeting the requirements.

During this period, you will have an economic benefit of temporary disability or for the birth of a son or daughter, managed by the National Social security institute.

On the assumption that the temporary incapacity for common contingencies when finished, this situation and become a beneficiary or beneficiaries of unemployment benefit, will be deducted from the benefit period, as already taken, the number of days between the following day at the end of the contract and the date for completion of the incapacity. The public employment service cotizará State for the period that is deducted.

However, will not be discounted if temporary disability is caused by an industrial accident or occupational disease.

For more information:

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Yes, both contributory unemployment benefits and unemployment assistance may be garnished under a court order or an administrative decision, for the amount specified in the enforceable order.

Any benefit that does not exceed the statutory minimum wage (SMI) is exempt from garnishment.

Where the garnishment is intended to cover child maintenance or spousal support payable to a former spouse, the court order may require withholding the full amount of the benefit.

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The amount of the unemployment assistance benefit is updated whenever the government increases the Public Income Indicator for Multiple Effects (IPREM) for that year, as the benefit is set at 80% of the monthly IPREM in force at any given time.

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If you wish to change the bank account where your benefit is paid, you must inform the State Public Employment Service (SEPE). You will need to provide the IBAN (International Bank Account Number) and be the account holder of the account where you want to receive the payment.

You can request the change online through the SEPE e‑office or your personal area, provided you have a digital certificate, an electronic ID card, or a username and password issued by the Cl@ve platform with signature.

You may also carry out this procedure by calling the citizen support helpline, as long as the branch of the new account is located in the same province where you were previously receiving the payment and it is not an online bank.

Additionally, you can change your bank account at your benefits office, by booking an appointment online or by calling the appointment hotline.

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If you are receiving the over‑52 unemployment benefit and reach the age for early retirement, the duration of your benefit will be automatically adjusted so that you can keep receiving it until you reach the standard retirement age.

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If you are granted a survivor’s pension while receiving unemployment benefit, you must inform the State Public Employment Service (SEPE) of the amount of that pension. You will be able to keep receiving the benefit as long as the monthly amount of the pension, including the proportional share of extra payments, is below 75% of the minimum interprofessional wage (SMI).

Any income you receive from other sources will be added to the pension amount.

If your survivor’s pension exceeds 75% of the SMI due to the minimum income supplement, but remains below that threshold when the supplement is excluded, you may combine the survivor’s pension with unemployment benefit, provided that you formally waive the minimum income supplement before the National Social Security Institute (INSS).

As long as the waiver of the minimum income supplement is maintained while receiving the benefit, that supplement will not be taken into account when assessing the individual income requirement.

If you continue to receive the benefit without having declared your status as a survivor’s pension recipient and your income exceeds the 75% SMI threshold, this will be considered a serious infringement and may result in the loss of the benefit.

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If you take up employment before receiving your first payment, you will be paid from the start of the approved benefit entitlement up to the day before you begin work, and you must notify the State Public Employment Service (SEPE). You can do this:

The unemployment benefit or allowance will be suspended if the job is salaried and lasts less than 12 months, or if it is self‑employment lasting less than 24 months without registration in a Social Security scheme, or less than 60 months if registered as a self‑employed worker.

Once the employment ends, you may apply for the resumption of the suspended benefit or for a new benefit, if you are entitled to one.

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If a contract lasting less than one year comes to an end and your contributory unemployment benefit has not been fully used up, you may apply to have it resumed. This will allow you to continue receiving the benefit for the remaining period, under the contribution bases and maximum limits that applied when it was suspended.

The contributions paid through your most recent job do not affect the duration of the benefit you have already been granted. They will be taken into account when you apply for a future benefit.

Even if your previous unemployment benefit ended due to taking up paid employment lasting 12 months or more, you may exercise the right to choose.

If you expressly apply for a new entitlement, this new right will be granted and the previous one will be terminated for all purposes.

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Occasional contributions to the press, radio and similar outlets, while you are receiving unemployment benefit or allowance, do not require you to register under any Social Security scheme.

Even if these activities are carried out only from time to time, you must inform the State Public Employment Service (SEPE) so that your benefit can be suspended for the corresponding period.

You must notify this within fifteen days of receiving the income:

  • At the benefits office (employment office in the case of Ceuta and Melilla) corresponding to your place of residence, by booking an appointment through the SEPE e-office or by phone.

The duration of the activity will be the one you declare or can support with documentation. If it cannot be substantiated, the number of days will be calculated by dividing the income received by the maximum contribution base set for self-employed workers.

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The entitlement to unemployment benefit may end for the following reasons:

  • Taking up paid employment for a period of 12 months or longer. When the employment relationship ends, if a new benefit is approved, you may choose between resuming the benefit you were previously receiving (for the remaining period and under the applicable contribution bases and rates) or claiming the benefit generated by the new contributions. If you opt for the former, the contributions linked to the unchosen benefit cannot be used for future claims. This is known as the right of choice.
  • Exhaustion of the benefit period.
  • The imposition of penalties for minor, serious or very serious infringements, as provided for under social security sanctions legislation.
  • Engaging in self-employment for a period of 60 months or more, with registration under the Special Scheme for Self-Employed Workers or the Special Scheme for Sea Workers.
  • Reaching the statutory retirement age. If you do not yet meet the required contribution period, you may continue to receive the benefit until that requirement is fulfilled.
  • Becoming a retirement pensioner.
  • Moving residence abroad in order to seek or take up employment, pursue professional training or take part in international cooperation for a continuous period of 12 months or more. If you go abroad for other reasons, the benefit will be terminated if you remain outside the country for more than 90 days.
  • Voluntary withdrawal from the benefit.
  • Death of the beneficiary.
     

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Your unemployment benefit will be suspended in any of the following situations:

  • For the period applicable if you have been sanctioned for minor or serious offences.
  • During periods of childbirth and childcare (including adoption, pre-adoption foster care or fostering).
  • While serving a prison sentence involving deprivation of liberty, unless you have family dependants and no household income exceeding the national minimum wage.
  • While carrying out paid employment lasting less than twelve months.
  • While engaged in self-employed work for less than sixty months, provided you are registered under the self-employed or seafarers’ social security scheme.
  • If your self-employed activity lasted less than 24 months, regardless of the social security scheme you were registered with.
  • When a court ruling declares a dismissal unfair or void and the employer opts for reinstatement and files an appeal, for the duration of the appeal process. This also applies if the employee chooses reinstatement and lodges the appeal.
  • When you move abroad to look for or take up employment, pursue professional training or participate in international cooperation, for a continuous period of less than twelve months, provided you notify and obtain authorisation from the Public Employment Service.
  • When travelling abroad for up to ninety calendar days per year, consecutively or not, with prior notification and authorisation. In these cases, the benefit is interrupted and may be resumed once the reason for suspension ends, unless it is due to a sanction.

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Unemployment benefit and allowance cannot be combined in the following cases:

  • In general, with full-time paid employment or similar situations involving inclusion in any social security scheme, even if unemployment contributions are not required. An exception applies to the allowance received by people aged over 52 who hold a full-time permanent or fixed-term contract lasting more than 3 months.
  • With self-employment, even if it does not require registration with social security, except:
    • If you are receiving contributory unemployment benefit and have permanently and fully ceased your previous activity, the benefit may be combined with self-employment or with joining a newly created worker-owned company or cooperative. In this case, the maximum period of compatibility is 270 days or the remaining benefit period, if shorter.
  • With paid research activities requiring full-time dedication.
  • With paid public or trade union offices that require exclusive dedication.
  • With social security pensions or financial benefits that are incompatible with employment.
  • When voluntary military reservists are activated to take part in training, exercises, services or professional development activities and are paid for doing so, these may be combined with the benefit or allowance they are receiving.
  • With any other situation involving public financial payments that replace income lost due to leaving an activity, where an administrative or employment relationship is maintained.

Beneficiaries are required to inform the Public Employment Service of any of the above incompatibility situations so that payment of the benefit or allowance can be suspended.

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Yes, unemployment protection also covers individuals who hold senior positions in public administrations, provided they are not civil servants and carry out their duties on an exclusive basis, as well as those holding representative positions within trade unions, whether full-time or part-time, with managerial responsibilities, as long as they receive remuneration.

However, if you hold a senior post within a public administration, you will not be entitled to unemployment protection if, as a result of leaving that position, you are entitled to receive salary payments, compensation or any other form of compensatory benefit.

That said, if you had an employment contract as an employee at the time you were elected, taking up the post entails a compulsory leave of absence from that employment, with the right to reinstatement and job reservation. If, at the end of the mandate, reinstatement is not possible due to the company’s closure, an employer’s refusal accompanied by a dismissal ruling, or other reasons, you will be entitled to unemployment benefit. All contributions made will be taken into account, including those prior to the compulsory leave, which will be regarded as a situation equivalent to being in employment.

If you are already receiving unemployment benefits and taking up a public or trade union office requires full-time dedication, the benefit will be suspended. Once the mandate ends, you may choose to resume the suspended benefit or, if you have built up sufficient contribution periods, to claim a new one.

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The right to unemployment benefit ends when you become entitled to a retirement pension. However, if you reach retirement age without meeting the requirements to receive that pension, you may continue to receive unemployment benefit, provided you submit a certificate issued by the National Institute of Social Security (INSS). This does not apply to cases involving suspension or reduction of working hours under an ERTE arrangement.

Unemployment benefit may be received alongside a partial retirement pension or a retirement pension granted under a social security system other than the Spanish one.

In such cases, if you are receiving an unemployment allowance, compatibility is conditional upon you continuing to have no personal monthly income of any kind exceeding 75% of the national minimum wage (SMI), excluding the proportional share of extra payments. The pension amount, including prorated extra payments, will be taken into account as income. In addition, where applicable, you must continue to demonstrate family responsibilities, except in the case of the allowance for people aged over 52.

You may notify your retirement:

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Being a student or having underage children is not considered valid grounds for refusing job offers or training courses.

If you are receiving unemployment benefits, one of your obligations is to actively seek employment and comply with the requirements set out in the activity agreement included with your benefit application.

This agreement involves accepting suitable job offers and taking part in actions aimed at improving your chances of finding employment, including vocational training.

Refusing a suitable job offer or a training course without valid justification is considered a serious offence for benefit applicants and recipients. Such an offence results in the loss of benefits for three months on the first occasion, six months on the second, and permanent loss of the benefit on the third.

You are required to demonstrate active job search efforts and participation in employability-enhancing activities related to your usual occupation or training skills, as set out in your employment pathway. However, for recipients of contributory benefits, participation is voluntary during the first thirty days of payment and non-participation will not lead to sanctions.

More information at: Obligations, infringements and sanctions.

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You must inform the employment service of any situations that are incompatible with contributory unemployment benefit or unemployment allowance, such as self-employed agricultural activities, paid employment and, in the case of the allowance, any income derived from those activities.

However, agricultural work is subject to specific rules, as registrations under the Special Agricultural System (SEASS):

  • If they correspond to permanent contracts, they will lead to the termination of the benefit.
  • If they relate to temporary or casual contracts, your benefits office will regularise your payments based on information provided by the General Treasury of Social Security. As a result, in the month following the days worked, your benefit will be adjusted according to the total number of days worked, including the proportional share of rest days and holidays (a multiplier of 1.337 is applied to each day worked).

This regularisation may give rise to overpayments, which will be offset against the next monthly payment. If the benefit has already been exhausted, the overpaid amounts will be recovered through the appropriate procedure.

If you notice that, in the payment for the month following your temporary agricultural work, these overpayments are not reflected, you must contact your benefits office, either by requesting an appointment or by calling the telephone helpline, to report the agricultural work carried out.

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If compatibilizas work part-time job in three companies and you lose one of them, in the other two contracts, you can receive unemployment benefit for the cessation of work that you lose, provided that the amount of the days of the jobs that they keep time full-time.

To calculate the amount of unemployment benefit is taken into account the base figure; this is obtained by dividing 180 the amount of contributions made during the 180 days before the day when there has been legally unemployed.

Take into account the contributions made both in the work that you and you keep.

The amount of the child shall be subtracted from the party proportional to the working day you place in the jobs that keep.

The duration will depend on each occupation quoted in the six years prior to the legal situation of unemployment or at the time of the end of an obligation to contribute and which had not been taken into account to access to a provision.

For more information:

Plugin to support employment contributory benefit

Compatibility with the employed workforce full-time/part.

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When your season or campaign as a seasonal permanent worker comes to an end, you may choose between resuming the unemployment benefit previously granted to you, provided it has not expired because the duration of the job or jobs carried out was 360 days or more, or applying for a new benefit if you have paid unemployment contributions for at least 360 days since the start of the previous benefit and meet the remaining requirements.

Therefore, even if the previous benefit has not expired, you may receive a new one as long as you can demonstrate new periods of insured employment of at least 360 days. In this case, the earlier benefit that was suspended at the start of the season will be definitively terminated.

When the season ends, if you apply to resume the suspended benefit, you will receive the remaining days still due. Contribution periods accrued since the start of that benefit will be taken into account for a future benefit.

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The perception of contributory is compatible with the title of actions or shares of corporate debtors.

If you are receiving unemployment benefit, will be compatible if you are still not exceeding the limit individual income, meaning that your income is not to be above 75 % the minimum wage (SMI), excluding the proportionate share of two extraordinary pay (for this year amounts), which would include the returns derived from the ownership of these actions or participations. In Addition, justifying the family responsibilitiesthat took into account, if any, to access the subsidy.

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This is not compatible, as unemployment benefits and allowances cannot be combined with self-employment, even when such activity does not require mandatory registration with any social security scheme, regardless of the amount of income earned.

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If you are receiving unemployment benefits, you may also receive payments or attendance allowances for simply taking part, as a board member, in the meetings of a company’s board of directors, provided that this role does not involve any additional duties that would amount to carrying out paid employment, even if it does not require mandatory registration with any Social Security scheme.

For recipients of unemployment assistance, these amounts are treated as income and may lead to the suspension or termination of the benefit if the income threshold of 75% of the statutory minimum wage (SMI) is exceeded, excluding the proportional share of two additional annual payments.

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Unemployment benefits may be received at the same time as a permanent total disability pension for the claimant’s usual occupation, provided that the disability pension was compatible with the employment that gave rise to the unemployment benefit.

If you have paid unemployment contributions for 360 days or more as a result of carrying out work compatible with the disability pension, and you meet the remaining eligibility requirements, you may be entitled to claim unemployment benefits and receive them simultaneously with the disability pension.

You can apply for unemployment benefits:

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If you are imprisoned, it is important to distinguish whether the imprisonment is preventive or provisional, or whether you have entered prison to serve a sentence.

If the imprisonment is preventive or provisional, the unemployment benefit or allowance you were receiving before entering prison is not interrupted. However, you must inform the regional employment service of your situation.

If the imprisonment is due to the execution of a sentence, unemployment benefits will be suspended for the duration of the sentence, unless you have family responsibilities and do not have family income exceeding the statutory minimum wage (SMI). In this case, you may request the continuation of the benefit using one of the following methods:

  • If you have a digital certificate, electronic ID card or a Cl@ve username and password, you may submit the application:
  • In person at the relevant benefits office, by appointment (via telephone or through the SEPE electronic office). In this case, an authorised person may submit the application using the continuation form, duly completed and signed.
  • You may also submit the application at the registries of any public authority within the State Administration, regional or local administrations, post offices or any other registry provided for under current regulations.

If you are recognised as entitled to continue receiving the benefit and payments were made by direct deposit into an account in your name, you will continue to receive them in the same way, without further formalities. If you were paid in cash, you will need to authorise another person on a monthly basis.

In both cases, if you were receiving an unemployment allowance at the time of imprisonment, you may request its renewal within 15 working days from the end of the recognised period, where applicable.

No new entitlements will be recognised during the period of imprisonment, even if you have family responsibilities. Therefore, if you were receiving contributory unemployment benefits when you entered prison and you exhaust them while incarcerated, you will not be entitled to the subsequent allowance.

In all cases, you are required to inform the regional employment service of your situation.

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The agricultural income benefit is incompatible with:

  • Any type of income which, on an annual basis, exceeds the statutory minimum wage (SMI) in force, excluding additional annual payments.
  • The receipt of other unemployment benefits or allowances, or the active insertion income scheme.
  • Social Security pensions or financial benefits that are incompatible with employment, or which, although compatible, exceed the annual statutory minimum wage, excluding extra payments.
  • Where the applicant or their spouse is the owner, tenant, sharecropper or holder under a similar arrangement of agricultural holdings whose annual income exceeds the statutory minimum wage in force, excluding extra payments.
  • Simultaneously carrying out paid employment, whether self‑employed or employed. However, where provided for under employment promotion programmes, agricultural income beneficiaries aged over 52 may voluntarily combine it with paid employment, under the following conditions:
    • If the job falls under the Special Agricultural System of the Social Security (SEASS), the State Public Employment Service will pay 50% of the agricultural income benefit and 50% of the fixed SEASS contribution.
    • If the job falls under a different scheme, only 50% of the agricultural income benefit will be paid.
    • If the job requires a change of residence (within Andalusia and Extremadura), payment of three months of the agricultural income benefit may be requested as a lump sum.

More information about the agricultural income benefit at: “I am an agricultural worker”.

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From the start of the Employment Workshop, the promoting organisation will hire you under a training contract, which is incompatible with receiving unemployment benefits or allowances.

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Unemployed workers aged over 52 may voluntarily combine the unemployment allowance under the Special Agricultural Social Security System (SEASS) with paid employment, subject to the following conditions:

  • If the employment falls under the SEASS and the contract is temporary, no minimum contract duration is required.
  • Employment may be offered by companies for which the benefit recipient has worked during the previous twelve months.
  • In the case of temporary contracts, the 50% reduction in the employer’s Social Security contribution for common contingencies does not apply.
  • The employer is responsible for paying SEASS contributions based on actual days worked during the contract period.
  • The State Public Employment Service (SEPE) will pay 50% of the fixed SEASS contribution while the contract is in force.
  • As long as paid employment continues, the statutory termination after one year will not take effect until the job ends.

Eligibility for the unemployment allowance for casual agricultural workers under the SEASS is incompatible with:

  • Simultaneously carrying out self‑employed work, except for the specific case of workers aged over 52.
  • Any other unemployment‑related financial benefit.
  • Receiving income exceeding the statutory minimum wage (SMI) in force, excluding additional annual payments.
  • Income received by the beneficiary’s household exceeding the applicable income limit.
  • Any periodic Social Security benefit that is incompatible with employment.

For further information, see: “ I am an agricultural worker ”.

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Participation in the mixed employment and training programmes of the Workshop Schools and Craft Training Centres is incompatible with receiving unemployment benefits, for the following reasons:

  • During the first stage of the project, participants under the age of 25 receive vocational training and are entitled to a grant, which is incompatible with receiving unemployment benefits or allowances.
  • During the second stage, working participants combine training with paid work and are hired under a training contract, which is also incompatible with unemployment benefits.

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As a member of a Local Authority, holding a position on a full‑time or part‑time basis entitles you to receive remuneration and therefore requires registration under the General Social Security Scheme.

  • Where the position is held on a full‑time basis, the remuneration received is incompatible with unemployment benefits.
  • If, by means of the relevant certificate issued by the local authority, you prove that the position will be carried out on a part‑time basis, you may combine the receipt of benefits with such remuneration; however, the amount of the benefit or allowance will be reduced proportionally to the time worked.

If you are receiving an unemployment allowance, your income must not exceed 75% of the statutory minimum wage (SMI).
You may also choose to withdraw from the benefits.

  • If, as a member of a Local Authority, you do not hold the position on a full‑time or part‑time basis but receive remuneration for actually attending meetings of the authority’s collegiate bodies, as set by the plenary assembly, such payments are compatible with unemployment benefits, provided that carrying out the role does not prevent you from meeting your obligations as a benefit recipient.

This remuneration is considered compatible with employment and is not regarded as payment for work as such, but rather as compensation. Nevertheless, these amounts are treated as income for the purpose of verifying the lack of personal income requirement laid down by current regulations in order to access and remain entitled to unemployment allowances, provided that the aforementioned 75% SMI threshold is not exceeded.

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You may combine unemployment benefits with a part‑time contract if you apply at your benefits office within 15 days of starting work; in this case, the arrangement will take effect from the date employment begins. If you apply after this deadline, payments will start from the date of the application.

The amount of your benefit will be reduced in proportion to the hours worked under the part‑time contract; however, each day on which you receive payment will count as a day used from your entitlement.

If there are changes to your working hours while you are combining benefits with a part‑time contract, you must notify the State Public Employment Service so that the percentage of benefit payable can be adjusted accordingly.

If you are a part‑time permanent seasonal worker, you do not have the option to combine benefits when the season starts, except in cases where this permanent seasonal job was not decisive in granting your unemployment benefit.

More information at:

Employment support supplement to contributory unemployment benefits

Combining benefits with full‑time or part‑time employment

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While you are receiving unemployment benefits, Social Security contributions are paid by the State Public Employment Service (SEPE). This body covers the employer’s contribution and deducts from your benefit the full amount of the contribution payable by you.

If you qualified for the benefit as a result of the termination of your employment contract, you will contribute to Social Security for common contingencies such as retirement, permanent disability, death and survivors’ benefits, temporary incapacity, family protection and healthcare. You will not contribute for unemployment, occupational accidents and illnesses, the Wage Guarantee Fund or vocational training.

The Social Security contribution base for unemployment benefits will be the same as the benefit’s calculation base, regardless of the limits applied to the monthly amount of the benefit.

If you are an agricultural employee on a permanent or permanent seasonal basis, the SEPE will cover 73.50% of the Social Security contribution, with the remaining 26.50% paid by the worker and deducted from the benefit amount.

If you resume the benefit after having suspended it, or if you opt for a new benefit you have accrued, the contribution bases will be those of the resumed benefit or the new one, respectively. Regarding contributions, the employer’s share will be paid in full by the SEPE, while the employee’s share will be entirely your responsibility.

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While you are receiving unemployment benefits, you are not considered an active worker and therefore are not entitled to take paid leave.

In addition, as long as you are collecting these benefits, you are required to actively look for work, take part in activities that improve your chances of finding a job, and attend appointments with the managing authority whenever you are asked to do so.

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In order to receive unemployment benefits, you must be registered as a jobseeker.

If you fail to renew your registration, you will no longer be considered a registered jobseeker and, as a result, the State Public Employment Service (SEPE) will suspend the payment of your benefits for the periods during which you are not registered.

Exceptionally, payments will not be suspended if you are combining unemployment benefits, as an employment support supplement, with a full-time paid job.

Your benefits will be resumed from the date on which you provide proof of re‑registration as a jobseeker, following a personal appearance before the SEPE.

More information available at: Obligations, infringements and penalties.

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If you fail to attend a suitable job offer without a valid reason, you may be subject to a serious infringement penalty, in accordance with the following scale:

- 1st offence: loss of benefits for three months.

- 2nd offence: loss of benefits for six months.

- 3rd offence: termination of the benefit.

This scale applies from the first offence onwards, regardless of the type involved (that is, it does not have to be a refusal of a job offer; it may be another type of serious infringement), provided that no more than 365 days have passed between serious offences.

More information available at: Obligations, infringements and penalties.

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As a general rule, you must notify the Spanish State Public Employment Service (SEPE), as soon as it occurs, of any circumstance that results in a change to your situation compared with the one in place when your benefits application was approved:

  • Starting a job, whether full-time or part-time.
  • If you receive income that could cause you to exceed the individual income limit required for recipients of unemployment assistance, namely 75% of the statutory minimum wage (SMI), excluding the proportional amount of two annual bonus payments.
  • Changes in the situation of the members of your household, where these may affect the family responsibilities requirement for access to or continued receipt of unemployment assistance: starting or losing a job, marital separation, birth or death, etc.
  • Any change in the number of dependent children taken into account when calculating your unemployment benefit. For example: when a child turns 26 or earns their own income above the SMI and is no longer considered dependent, as well as in cases of birth or death.
  • Any change in your personal circumstances while you are receiving unemployment assistance (marriage, widowhood, separation, etc.).

    A de facto partnership is understood to be one based on a stable, marriage‑like relationship of at least one year’s duration; this requirement does not apply if the couple has children in common.

  • Situations of temporary incapacity or those related to birth, adoption, foster care for the purpose of adoption, or other forms of foster care.
  • Permanent incapacity or any other Social Security pension that may be incompatible with unemployment benefits.
  • A change of address, relocation, travel abroad, or leaving the scope of protection of the agricultural assistance scheme, if you are a temporary worker under the Special Agricultural Scheme of the Social Security system.

You can report any of these changes through the SEPE electronic office if you have a digital certificate, electronic ID card or a cl@ve username and password.

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If you are going to resume your contributory unemployment benefit or allowance, or you want to combine it with a job, and your jobseeker registration has been inactive for less than 180 days, you will not need to visit your regional employment office or complete the procedure on its website. 

The regional employment service and the State Public Employment Service will take care of reactivating your registration for you. In this situation, the jobseeker status is automatically restored.

If more than 180 days have passed since your registration was deactivated, you will need to register again as a jobseeker.

If you interrupted the active insertion income or the extraordinary unemployment allowance due to taking up a job and now wish to resume it, your registration will be reactivated automatically, but only if you stopped renewing it because you were working as an employee and fewer than 180 days have passed since it was deactivated for non-renewal.

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As a recipient of unemployment benefits, you are required to inform the State Public Employment Service (SEPE) when you start a job, even if this information may be obtained through other channels. The company that signs the employment contract is not responsible for notifying this.

Failure to report your return to work may result in the loss of your benefit due to a sanction.

You can notify the end of your benefit online through the SEPE electronic office. To do so, you will need a digital certificate, electronic ID card, or cl@ve username and password. You may also notify it by telephone or in person at the benefits office corresponding to your place of residence (employment office in the case of Ceuta and Melilla).

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If you fail to meet your obligations as a recipient of unemployment benefits, because you attended a recruitment process for a job offer or took part in training, guidance, reskilling or employment integration activities, you may justify this non-compliance by submitting a certificate duly signed and stamped by the relevant organisation.

Likewise, in accordance with paragraph three of Article 37 and Article 45 of the Workers’ Statute, all situations contemplated in these articles as valid reasons for absence from work may be justified, such as temporary incapacity (supported by documentation issued by the public health system) or the fulfilment of a mandatory public duty (supported by a document issued by the convening authority).

Please note that if you fail to comply with an obligation for a justified reason, you must report to the benefits office immediately once the reason that caused the non-compliance has ended.

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The legislation establishes and obligations of employers and entrepreneurs in this area:

  • To contribute on the contribution to the contingency of unemployment.
  • Entering contributions and their workers and workers in its entirety, still be responsible for the obligation to pay contributions.
  • Provide documentation and information necessary for the recognition, suspension, termination or resumption of the right to benefits.
  • To be delivered to the individual worker certificate of company in time.
  • Pay the public employment service Estatal (SEPE) benefits provided by this people when the company workers had been responsible for the provision for having breached its obligations in respect of filiation, high or Social insurance payments.
  • Inform the SEPE readmission of the individual worker dismissed, within five days from occurring. Also, enter the benefits that the SEPE has met the working people by the concept of wages.

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If you are receiving unemployment benefits and move to another city, you must inform the State Public Employment Service (SEPE) benefits office and the regional public employment office of your new address. This ensures that all necessary communications related to benefit control and job reintegration activities can be carried out.

You will need to state that you are receiving unemployment benefits so that your jobseeker and benefit claimant records can be transferred to the new office.

You can request an appointment through the SEPE’s electronic office or by telephone.

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If you do not agree with the infringement stated in the notification letter or with the proposed sanction, you may submit a written statement of objections at the benefits office (employment office in the case of Ceuta and Melilla).

You have fifteen working days from the day following the notification of the sanction to do so, and you may attach any documents you consider relevant to support your objections.

Afterwards, the State Public Employment Service (SEPE) will issue a decision either upholding or dismissing those objections.

You may lodge a prior administrative appeal against this decision within one month from the date you are notified.

If you still disagree with the outcome of the prior appeal, you may file a claim before the Social Court.

If, on the other hand, you agree from the outset with the infringement and the proposed sanction, you may allow the fifteen working days mentioned in the first paragraph to pass without submitting objections and wait for the procedure to conclude through an administrative decision.

More information at: Obligations, infringements and sanctions.

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The authority to impose sanctions in matters relating to unemployment benefits lies with the managing body or the competent Social Security common service, following a proposal by the Labour and Social Security Inspectorate.

In cases where infringements are committed by applicants for or recipients of unemployment benefits—whether contributory, non-contributory, or related to cessation of activity—the competent authority is the managing body. The exception applies to the infringements set out in Articles 24.3 and 25.4 of the Law on Infringements and Sanctions in the Social Order, where the sanction is imposed by the relevant public employment service, which will notify the unemployment benefits managing body at the time the sanction is imposed so that it can be enforced.

You can find more information about infringements and sanctions relating to unemployment benefits on the SEPE website.

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If you have been sanctioned with a one-month suspension of your benefit, it will be reinstated automatically by the State Public Employment Service once the suspension period ends, provided you are still unemployed, have not exhausted your entitlement, remain registered as a jobseeker, and continue to meet the other required conditions.

More information on infringements and sanctions at: “Obligations, infringements and sanctions”.

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If you are receiving the benefit for people aged 52 and over, you must meet the same requirements as other unemployment benefit recipients. These include complying with the activity agreement included in the benefit application, and accepting a suitable job offer made by the employment office or a non-profit placement agency.

You cannot refuse a job if it is considered suitable. Doing so may be classified as a serious offence and could lead to the loss of your unemployment benefit.

The law states that unemployment protection is granted to people who are willing and able to work but lose their job for reasons beyond their control.

More information at: “Obligations, offences and penalties”.

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If you are unable to repay an unemployment benefit amount that was unduly received within 30 days from the date you received the decision, you may apply for a debt instalment plan. Once approved, the corresponding late-payment interest will apply.

If you do not make the repayment and later become entitled again to unemployment benefits, the unduly received amount will be offset against the benefit, regardless of whether the instalment plan has been approved.

If 30 days elapse without repayment (provided that offsetting has not already started and no instalment plan has been requested), a certificate of non-payment will be issued, initiating enforcement proceedings.

This procedure involves a surcharge of 20% on the unduly received amount.

If repayment, offsetting or the request for an instalment plan is made after the voluntary payment period, the outstanding amount will be increased by the surcharges established by law.

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If you start working full time while receiving an unemployment benefit, you must notify the benefits office (or the employment office in the case of Ceuta and Melilla).

In this situation, the benefit is payable up to the day before you start work.

If a benefit amount higher than you are entitled to, or covering a period for which you should not have been paid, has been credited to your account, the State Public Employment Service (SEPE) will notify you, explain the reason for the overpayment, inform you of the amount owed and provide the bank account for repayment.

You have 30 days from the date you are notified to repay the unduly received amount.

You may inform the SEPE of the situation that leads to the termination of your benefit (starting work, retirement…) through the following channels:

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When you receive the decision informing you that you have unduly received an unemployment benefit, indicating the exact amount to be repaid, you may:

  • From 21 December 2023 onwards, request partial offsetting of this amount, allowing you to receive part of the recognised benefit or allowance, provided that you submit the request before the start of enforcement collection proceedings.
  • Apply for payment of the unduly received amount in instalments. 

If you wish to pay the debt in instalments, you must submit a written application to the Spanish State Public Employment Service (SEPE) within 30 days from notification of the overpayment, and in any case before enforcement collection begins.

If the instalment request is submitted after the 30-day period has elapsed, a surcharge for late payment will be applied to the outstanding debt.

In the instalment payment application, you must justify the monthly amounts you are able to repay, taking into account your social, employment and financial situation, personal circumstances and the guarantees offered for repayment.

The instalment payment application must include the following mandatory information: 

a) Identification details and the amount of the debt
b) The reasons for requesting payment by instalments
c) The requested instalment period and due dates
d) The address or means chosen for notification purposes
e) If the debt exceeds €150,000, you must provide guarantees covering the principal amount and any applicable surcharges.

If the instalment application does not meet the required conditions, if the necessary documents are not provided, or if errors or omissions are identified, you will be asked to correct the issue or submit the required documentation within 10 days. Failure to do so will result in the application being deemed withdrawn.

If SEPE grants the instalment arrangement, late-payment interest at the rate in force will be applied to the outstanding amount from the date of approval until full payment is made, throughout the duration of the instalment period. 

The applicable interest will be charged on the principal debt and, where applicable, on any corresponding surcharges.

SEPE will issue a decision on the instalment payment request within a maximum period of 3 months from the date the application is registered. If no express decision is received within this period, the application will be deemed to have been rejected.

The decision must specify:

  • The total amount of the debt
  • The period to which the debt relates 
  • The duration and payment schedule of the instalment plan
  • The deadlines for providing guarantees, where applicable. 

If SEPE rejects the instalment request, the decision will grant a new repayment period of 15 days from the date of notification.
 

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If you have unduly received an unemployment benefit or allowance, the Spanish State Public Employment Service (SEPE) will notify you and give you a period of 10 days to submit any statements or explanations you consider appropriate. 

Once this period has elapsed, a decision will be issued stating whether an unemployment benefit or allowance has been incorrectly received and specifying the amount involved.

The deadline for repaying this amount is 30 days from the date you are notified of the overpayment decision. 

You must make the payment into the bank account indicated by SEPE in the same notification.

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If your unemployment benefit payment shows an overpayment, it means that at some point you received a benefit (or allowance) without being entitled to it. This can happen when there is a reason for the benefit to be suspended, terminated, or reviewed.

However, the State Public Employment Service (SEPE) will notify you of the overpayment before deducting the amount from your benefit payment.

You can check your benefit payment statement in your Personal Area, provided you have a National ID (DNI), a digital certificate, or a permanent Cl@ve. You can also access it using a phone PIN that we will send to your mobile.

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A very serious penalty decision issued following a proposal by the Labour and Social Security Inspectorate generally involves an obligation to repay the amount received in respect of the benefit or allowance that has been withdrawn.

Filing an administrative judicial appeal against the penalty, and the procedure that follows until a ruling is issued, do not in themselves suspend the recovery process for the unduly paid amounts arising from the penalty.

For the recovery of unduly paid amounts to be put on hold, you must request a suspension of enforcement either in the appeal submission itself or at a later stage, but always before judgment is handed down in the administrative proceedings.

If such a request is included in the appeal, the recovery procedure for the unduly paid amounts will be suspended, regardless of the stage it has reached, until the administrative court issues its decision.

The fact that the administrative court’s decision goes against your claims does not prevent you from challenging the decision on the undue payments before the labour court.

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If, within five days of receiving notice of the judgment, your company chooses to reinstate you, it must pay you the wages you stopped earning from the date of dismissal until the judgment was notified (the judgment itself will determine the amount when it declares the dismissal null and void or unfair).

The employer must arrange for your re-registration with the Social Security system with effect from the date of dismissal or the initial termination, and pay the corresponding social security contributions for that period.

Any amounts you received as unemployment benefits will be considered unduly paid for reasons beyond your control. The company will reimburse these amounts to the State Public Employment Service (SEPE) (net benefit paid) and deduct them from the wages owed to you that you did not receive, up to the total amount of those wages.

If SEPE has evidence that the company paid the outstanding wages into court and was therefore unable to offset the unduly received unemployment benefits against them, you will be required to repay those benefits. 

If the unemployment benefits you received exceed the back pay awarded, you will be required to repay the excess amount as an undue payment.

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The monthly amount you can get to subsidize the assessment of Social Security is fixed, it is estimated the amount of the Full contribution to Social security of the first month of the activity as well as self-governing or autonomous, or as a partner or partner of cooperatives or labour society or commercial matters.

If this month of work cannot be complete calculates the amount for the whole. That is why, when you receive the communication in the public employment service Estatal (SEPE) approving your right, you must submit the documents indicated below to calculate the monthly amount of the quotas to Social security:

  • If you are a person self-employed woman (self-governing or autonomous): the price of the first month of activity sealed and/or the family name, you have entered in a financial entity.
  • If you join the General system or other Social security system as a person employed worker: the payroll of the first month.

You must bear in mind that in the case that we requested and received the provision in the form of payment and the quotas, you must submit proof of investment and the start of the activity.

In the above cases, when dismissals activity, you can resume the provision for unemployment upon request. If the present in the 15 working days from the cessation of self-employment, the right to payment is obtained from the day following cessation.

If after the cessation of work, you have the right to the protection by cessation of activityyou can choose between perceive this or reopen the unemployment allowance is suspended. If you opt for the provision, the contributions that have resulted in a new provision (which you have chosen) could not be taken into account in access to a later.

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If you wish to receive your unemployment benefit as a lump sum to start a business, any expense incurred to acquire assets or rights that become part of the business’s assets is considered an investment (for example, property, machinery or IT equipment, furniture, stock, leasing arrangements, etc.), provided they are necessary to launch the activity.

The capitalised benefit may be used to cover the costs involved in starting up the business, as well as the payment of fees and taxes.

You may also allocate up to 15% of the total amount of the capitalised benefit to pay for specific advisory, training and information services related to the entrepreneurial activity.

In addition, expenses planned during the first three months of operation are also regarded as investments, such as tax charges, rent, fitting out the premises, and so on.

More information at Capitalise your benefit.

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Once you have received the lump-sum payment, you must start the activity within one month and submit documentation proving that the money has been invested in that activity.

The amount received must be used for the planned activity, in line with the project proposal included in your file.

If the activity you start differs from the one described in the application and project proposal, but still complies with the applicable regulations, you must submit a new proposal along with any additional documentation requested by the State Public Employment Service (SEPE).

Three possible scenarios may arise:

1.- The new activity meets the legal requirements, the project is considered viable, and the amount required to launch it matches the amount originally granted. In this case, the entitlement remains in force.

2.- The new activity meets the legal requirements and is considered viable, but the amount granted does not match the new proposal. In this case, SEPE will issue a new decision adjusting the amount to the revised project and, where applicable, will claim reimbursement of any unduly received amounts.

3.- The legal requirements are not met and the project is not considered viable. In this case, SEPE will require repayment of the full amount received as a lump sum.
Full repayment of the net capitalised amount paid will be required in the following cases:

  • If you do not start the activity and fail to provide valid justification.
  • If the amount granted is not used to join a cooperative or employee-owned company as a member or worker.
  • If the amount is not used to carry out a self-employed activity.

If the unemployment benefit is used for purposes other than the activity for which it was capitalised, this may be considered a very serious offence. This entails the loss of the unemployment benefit and exclusion from the right to receive any economic benefit or employment promotion aid for one year.

More information at: Capitalise your benefit.

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If you would have paid the total amount of contributory benefit, either in a single payment, either in monthly payments to the quotas of Social security, it believes that the provision is exhausted dieras. Even if you are low in the activity undertaken, you will have no right to one again.

If you do not have fully paid contributory benefit and kept a remnant, you can resume the provision to be entitled once within a one-time equivalent to that provision would have become if we had capitalized, is to say, if thou hadst perceived by the monthly payments.

You can resume the provision, provided you adhere to the other requirements, in the following circumstances:

  • If the self-employment has been below 24 indifferent, you have discharged as individual self-employed woman 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 chosen justificas as individual self-employed woman in the special regime of Social security for self-employed or self-employed or in the special regime of workers of the sea.

In the above cases, when the activity, you can resume the provision for unemployment upon request. If the present in the 15 working days from the cessation of self-employment, the right to payment is obtained from the day following cessation.

If after the cessation of work, you have the right to protection by cessation of activityyou can choose between perceive this or reopen the unemployment allowance is suspended. If you opt for the provision, the contributions that have resulted in a new provision (which you have chosen) could not be taken into account in access to a later.

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If the full amount of the benefit you still have to receive is paid to you as a single lump-sum payment, you may be eligible for a subsidy to cover your Social Security contributions.

The State Public Employment Service (SEPE), or the corresponding regional authority, will pay either 50% of the contribution to the relevant Social Security scheme for self-employed workers, calculated on the minimum contribution base, or 100% of the worker’s contribution to the applicable Social Security scheme.

In both cases, this payment will be made for the period of time that the unemployment benefit would have lasted if the lump-sum payment had not been received.

In addition to the lump-sum payment of the unemployment benefit and the payment of Social Security contributions, if you wish to become self-employed, you may also benefit from the following forms of assistance:

  1. Technical assistance.
  2. Financial subsidy.
  3. Subsistence income subsidy.

If you wish to become self-employed and have recognised disability status, you may benefit from:

  1. Partial interest subsidy.
  2. Subsidy for investment in fixed capital.

The management of these grants must be carried out through the Provincial Directorate of SEPE if you reside in the autonomous cities of Ceuta or Melilla. In the case of the autonomous communities, you must contact the corresponding regional public employment service.

If you apply for the lump-sum payment of the benefit to set up a worker cooperative or a worker-owned company, or to join them as a member, the grants that may be obtained must be requested by the companies themselves, which will be the beneficiaries, within the framework of programmes to promote the social economy.

The following actions may be eligible for subsidies:

  • Incorporation of unemployed persons as worker-members.
  • Subsidies for loan interest.
  • Technical assistance grants.
  • Subsidies for investment in fixed assets.
  • Subsidies for education cooperatives.
  • Subsidies for training, dissemination and promotion activities.
  • Support for cooperative and worker-owned company associations.

For information and management of these grants, you must contact the competent regional authority, except in the cities of Ceuta and Melilla, where applications must be submitted to the Directorate-General for the Promotion of the Social Economy and the European Social Fund.

More information at Capitalise your benefit.

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Any self-employed or employed work that you start after the capitalisation of your unemployment benefit will be subject to the general regulations on holding multiple jobs, particularly with regard to contributions, working hours and related matters. 

Having previously been granted the right to receive the benefit as a lump-sum payment does not prevent you from carrying out more than one activity at the same time.

The unemployment contributions you make after the capitalisation of the benefit has been approved may be taken into account when determining entitlement to future benefits.

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The report required to apply for the lump-sum payment consists of drafting a project that describes the activity you intend to carry out and allows an assessment of its economic and financial viability. This report must include the following sections:

  • Personal details.
  • Information about the activity to be carried out, including its nature, the town and province where it will take place, the legal framework under which it will operate, and the planned starting date.
  • Total capital required (own funds, external funding and capitalised benefit).
  • Planned allocation of capital.
  • Details of the investments to be made.
  • Information about the premises where the activity will be carried out.
  • Forecasts of income, expenses and returns for the first financial years.
  • Employment creation forecasts.

You may prepare the report by following the outline available on the State Public Employment Service website, entitled “Project explanatory report template for lump-sum payment or capitalisation”.

When preparing the report, you may also seek assistance from private consultancy or advisory services, as well as from the services offered by the various public authorities at national, regional or local level to support promoters of new business initiatives.

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If, through the capitalisation of your unemployment benefit, you receive a subsidy for your Social Security contributions, you will be required to pay those contributions on a monthly basis. The State Public Employment Service (SEPE) will then reimburse the corresponding amount each month into the bank account you have specified, once it has verified that you remain registered with the Social Security system.

The subsidy will continue to be paid for as long as you remain engaged in the activity whose Social Security contributions are subsidised, or until the full amount of the capitalised contributory benefit has been exhausted.

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In order to obtain contributory benefitunemployment benefits, you have to collect all the necessary requirements to access the same meeting, in any of the unemployment legal situationsset the minimum period of contribution required and should not be affected or affected by the situations of incompatibility.

If you want this cooperative incorporarte as a partner or partner, you can access the contributory unemployment benefit in their mode of payment, if you have held with such a cooperative contract and regardless of its duration.

More information on the single payment at:

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If a child allowance cobras unemployment you can take advantage of the single payment scheme or capitalization, since one of the requirements of the act is to be seeing contributory unemployment benefit.

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If you wish to apply for the lump-sum payment of the contributory unemployment benefit, you must be entitled to that benefit at the time of submitting the application and must not have started the business activity beforehand.

The benefit will be paid to you in a single instalment, for the amount corresponding to the compulsory contribution generally required by each cooperative, or for the amount needed to purchase shares or equity in an employee-owned company (in both cases, a mandatory requirement to become a member). You will not be eligible for the lump-sum payment if this contribution is made before submitting the application.

If, at the time of applying, you are already a member of a previously established cooperative or employee-owned company and have therefore already paid the required contribution to acquire membership, but the activity has not yet started and the workers are not registered with the Social Security system, you will only be able to receive the lump-sum payment to cover social security contributions.

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The regulations governing the lump-sum payment of unemployment benefits do not state that it is incompatible with other public grants or subsidies.

However, you should check the specific rules of those grants or subsidies to see whether they include any restrictions regarding compatibility with the capitalisation or lump-sum payment of unemployment benefits.

The amount granted to subsidise Social Security contributions is calculated on the basis of the compulsory contribution payable in the month when the activity starts, covering all items, and does not take into account any contribution discounts or reductions that may apply.

For these purposes, the total amount of aid or subsidies received (either individually or combined with assistance from other public authorities or public or private entities, at national or international level) may not, under any circumstances, exceed the cost of the activity to be carried out.

More information at Capitalise your benefit.

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The statutes of the cooperative or employee-owned company must be drafted in accordance with the relevant national and regional legislation governing such entities.

When preparing the draft of these statutes, it is advisable to seek guidance from public information and citizen support services available at national, regional and local level, which provide assistance in setting up business projects. 

You may also consult professionals with proven expertise in this field or seek advice directly from the notary’s office where the public deed will be executed and the statutes formally registered.

It should also be borne in mind that, in those regions which have assumed responsibility and enacted their own legislation in this area, national regulations will apply only on a supplementary basis.

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If you intend to set up or join a cooperative or an employee-owned company, the payment of the benefit is intended to help cover the cost of the compulsory contribution generally required by the cooperative, or the purchase of shares or equity in an employee-owned company.

These contributions may be made in kind, provided this option is предусмотрed in the company’s statutes. Therefore, there is no issue with contributing assets acquired before applying for the lump-sum payment, as long as the actual contribution to the cooperative or the purchase of shares takes place after the application has been submitted.

If you plan to register as a self-employed worker, the purpose of receiving the benefit as a single payment is to support the initial investment needed to start the activity. In this case, the amount received must be invested in creating your own job, and you will not be able to justify expenses or purchases made before applying for the lump-sum payment.

More information at Capitalise your benefit.

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submitted, the State Public Employment Service (SEPE) is required to issue a formal decision and notify you. When your application is processed, you will receive the decision at your home address or at the address provided for notifications, indicating whether your request has been approved or rejected, together with the reasons where applicable.

You can check the status of your application at any time:

If three months have passed since submission and no decision has been received, your application may be deemed rejected due to administrative silence. In such cases, you may lodge a prior administrative appeal.

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By withdrawing your benefits application, it will be considered as having never been submitted. You may withdraw your request as long as the procedure has not been completed, meaning before the State Public Employment Service (SEPE) approves, rejects or archives your application.

You may submit the withdrawal request through the following channels: 

  • The SEPE electronic office, if you have a digital certificate, electronic ID or Cl@ve credentials with signature.
  • Your Personal Area, using an electronic ID, permanent Cl@ve access or a PIN sent to your mobile phone.
  • The benefits office where you submitted your application, by appointment (by phone or through the SEPE electronic office).

SEPE will issue a favourable decision once it has verified that the application has not yet been processed.

Any documentation submitted with the application will be returned together with the decision.

A renunciation of benefits may only be submitted once the application has been approved and will lead to the termination of the benefit.

Renunciation will not be accepted if:

  • a procedure to suspend the benefit has been initiated,
  • the benefit is subject to a court‑ordered withholding or seizure,
  • there are outstanding undue payments with SEPE.

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The revocation or review procedure allows the correction, at any time, either on the authority’s own initiative or at the request of the interested person, of material, factual or arithmetic errors arising from administrative acts.

If the State Public Employment Service (SEPE) identifies circumstances that change the benefit you have been granted (such as the duration, the amount or any other relevant aspect), including cases where it was fully approved, it may initiate a revocation procedure.

This procedure begins with a notification informing you of the facts and legal grounds that justify the administrative review, its effects, any changes to the period or amount of the benefit, and, where applicable, the repayment of benefits received improperly.

When the review results in the full revocation of the benefit because it was improperly granted, you will be informed that payment is being suspended as a precautionary measure. You have ten days to submit any arguments you consider relevant in defence of your interests. Once this period has elapsed and any submissions have been reviewed, SEPE will issue a decision.

If you disagree with the decision taken, you may submit a prior administrative appeal to the State Public Employment Service (SEPE) within thirty days from the date you are notified of the decision.

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If you do not agree with the decision rejecting your prior administrative appeal, you may file a claim before the Labour Court within thirty days from the date on which the rejection is notified.

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The revocation of the decision that granted you unemployment benefits, once it becomes final, results in the cancellation of that benefit. This means it is no longer valid or effective and is considered as never having been granted. Consequently, you will not be able to request its reinstatement.

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If the Administration fails to make the payment within three months from the date on which the court decision is notified or the obligation is officially recognised, it must pay you statutory interest on the amount owed, as set out in the Budget Act.

You must claim this interest in writing once the three‑month period has elapsed.

However, in the case of the State Public Employment Service (SEPE), delays may occur in the recognition of the benefit, but once it has been recognised, payment is made within the following month. Therefore, the legal requirements for applying late‑payment interest are not met.

The reasons for delays in recognition (commonly referred to as processing delays) are usually beyond SEPE’s control. They are typically due to the need to correct or complete the application, missing documentation or delays in providing it by the applicant, or the need for reports to resolve the application (for example, from the Labour Inspectorate or the National Social Security Institute).

All these circumstances may delay the decision approving unemployment benefits, but they will never delay payment once the decision has been issued.

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Public administrations may, at any time, either on their own initiative or at the request of the individuals concerned, correct any material, factual or arithmetic errors arising from their actions.

You may submit a written request at any time at your benefits office, clearly stating the error and providing the necessary documentation to support the correct information. To do so, you must book an appointment through the Electronic Office of the State Public Employment Service (SEPE) or by telephone.

If you are unable to submit the written request directly at a State Public Employment Service (SEPE) office, you may do so at:

  • The registries of any administrative body belonging to the General State Administration, your regional administration, or local authorities (where an applicable agreement exists).
  • Post Office branches.
  • Spanish diplomatic missions or consular offices abroad.
  • Public registration assistance offices.
  • Any other registry established under current regulations.

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The State Public Employment Service (SEPE) gives you access to your personal income tax (IRPF) certificate both online and via the telephone service:

  • Online, you can request it through the Electronic Office, under the option “Obtain a certificate related to your benefit”. You will need a digital certificate, an electronic ID card, or a username and password with signature provided by the Cl@ve platform.
  • By phone, by calling the citizen support helpline.
  • In exceptional cases, you may visit your benefits office by booking an appointment through the Electronic Office or by phone.

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To apply for unemployment benefits, you must be registered in advance as a jobseeker. For this reason, either before submitting your application or at the same time, you need to sign up with the employment office of the relevant regional public employment service. In Ceuta and Melilla, registration is carried out through the State Public Employment Service (SEPE).

However, in cases involving temporary employment regulation procedures, such as suspension of work or reduced working hours, public employment services may approve collective registration arrangements for affected workers, without the need to attend the employment office in person.

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If you are seeing an unemployment benefit, you have to comply with a number of obligationsone of these is to maintain the registration as a jobseeker in the form and dates that are identified by the employment service appropriate Autonomous (in the case of Ceuta and Melilla, by the public employment service Estatal).

However, in the case of regulatory procedures temporary employment of suspension or reduction of time, public service employment may adopt formulas allowing the renewal of the request of the persons concerned workers, without the need to be seated in the employment office.

In all situations, you must keep the data of the home.

More information on: “I have been affected by RIT or ERTE” and space ERTE/NETWORKthe site of the SEPE.

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If your employment contract is suspended under a temporary employment regulation procedure (ERTE), you may take up another job, either as an employee or as a self-employed worker. The suspension of the employment relationship temporarily releases both you and the employer from the respective obligations to work and to pay wages.
However, while you are receiving unemployment benefits, you must notify the State Public Employment Service of any work you undertake, so that the benefit can be suspended accordingly.
If the new job is part-time, you may request to combine the unemployment benefit with the part-time contract, with the benefit being reduced in proportion to the hours worked.

You can inform the State Public Employment Service of your employment situation:

More information about unemployment benefits in employment regulation procedures: I have been affected by an ERE or an ERTE.

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All employees of the company, regardless of the number of hours they work, may be included in an employment regulation procedure.

However, where the reduction in working hours is due to statutory caregiving responsibilities (direct care of a child under 12 or of a person with a disability who does not carry out paid work), for the purposes of calculating the regulatory base, contribution bases will be increased to 100% of the amount that would have applied had the employee continued working, without any reduction, on a full‑time or part‑time basis. If the legal unemployment situation arises while the employee is in this reduced‑hours arrangement, the minimum and maximum amounts will be determined taking into account the public income index based on the number of hours worked before the reduction in working time.

Example: a full‑time employee who reduces their working hours to 50% in order to care for a child under 12 during the year prior to the suspension of the employment contract under a temporary employment regulation procedure. The contribution bases for the last six months are €1,000.00 per month.
In this case, the benefit will be paid on the basis of a monthly contribution of €2,000, and the amount will be set with no reduction applied, as the employee was working 100% of their hours before the statutory reduction in working time.

More information about unemployment benefits related to employment regulation procedures: I have been affected by an ERE or an ERTE.

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In the event of a suspension under an ERTE, your employment relationship is not terminated but temporarily suspended, meaning the company does not have to deregister you. However, it will notify the Social Security Treasury of the change in activity.

Likewise, where working hours are reduced under a temporary employment regulation procedure, the company is required to keep you registered with Social Security. The change in activity will be reported to Social Security, stating the percentage of working time you are currently performing.

For matters related to Social Security registration, you can obtain further information by calling 901 50 20 50 or by visiting www.seg-social.es.

More information about unemployment benefits linked to employment regulation procedures: I have been affected by an ERE or an ERTE.

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If you are in a situation of temporary incapacity for work (IT) or on leave for the birth and care of a child (including adoption, pre-adoption fostering or foster care), the measures involving suspension of the employment contract or reduction in working hours arising from an employment regulation procedure will not apply to you until that situation has ended.

If temporary incapacity begins during a period of suspended employment or reduced working hours while you are receiving unemployment benefits, or have already applied for them, you do not need to take any action with the SEPE, as the National Social Security Institute (INSS) will handle the notification.

If leave for the birth and care of a child (including adoption, pre-adoption fostering or foster care) starts while you are affected by a suspension of the contract or a reduction in working hours, you must inform the SEPE and submit documentation confirming the end of that period.

Example: an employee on temporary incapacity on 01/03/2022, affected by a suspension of contracts between 01/04/2022 and 31/05/2024 as a result of an ERTE. Medical discharge is issued on 10/05/2022; from that point onward, the suspension measure applies, with the end of the temporary incapacity confirmed by the medical discharge certificate.

If sick leave occurs while the employment regulation procedure is in force, and therefore while you are receiving unemployment benefits:

  • If the IT benefit is paid by the INSS: the State Public Employment Service (SEPE), acting on behalf of the National Social Security Institute (INSS), will pay the temporary incapacity benefit, at the same amount as the unemployment benefit, with the corresponding consumption of benefit days.
  • If you are on leave for the birth and care of a child (including adoption, pre-adoption fostering or foster care): payment of the unemployment benefit will be suspended and, once you have applied for the birth and childcare benefit managed directly by the INSS, you will start receiving it. Once this benefit ends, the unemployment benefit will resume, upon request by the claimant, for the remaining period and at the amount applicable at the time of suspension.
  • If the IT benefit is paid by a Mutual Insurance Association: the SEPE will suspend payment of the unemployment benefit from the first day of sick leave, while maintaining contributions during that period. The Mutual Insurance Association will be responsible for paying the temporary incapacity benefit to the employee.

More information about unemployment benefits linked to an ERE or ERTE: I have been affected by an ERE or ERTE.

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If you become temporarily incapacitated for work while receiving unemployment benefits as a result of suspension of employment or a reduction in working hours under a temporary employment regulation procedure, you must inform the State Public Employment Service (SEPE). You are required to report both the start of sick leave and, when applicable, your medical discharge. In addition, your company will also report the sick leave days through the corresponding activity/inactivity days file.

You can report this situation:

  • By requesting an appointment at your benefits office and submitting the sick leave and discharge certificates.
  • Online, via the SEPE official portal (if you have a digital certificate, electronic ID or cl@ve credentials). The documents can be uploaded through the Document Management service.
  • By submitting a pre‑application to report the sick leave under the Suspension of benefit procedure. Once you receive medical discharge, submit a new pre‑application under the Individual benefit pre‑application procedure. In both cases, briefly explain in the Comments field that you are receiving benefits due to an ERTE and that you have entered or completed a period of temporary incapacity.
  • Exceptionally, by submitting a written request through the Electronic Registry or at a registration assistance office, attaching the sick leave and discharge certificates.

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With the prior authorisation of the employees, the company may request the corresponding provincial office of the SEPE to exchange information in order to obtain, on a monthly basis and by electronic means, data on benefit payment amounts and Social Security contributions. This information is provided by the provincial office to help ensure compliance with the employment regulation procedure and the payment of any agreed supplements.
Unemployment benefits cannot be paid to the company. They are an individual entitlement, recognised and paid directly to each employee affected by an employment regulation procedure, into a bank account of which they are the holder or joint holder. In any case, you can check your current and previous benefit statements through:

  • The SEPE electronic office, if you have a digital certificate, electronic ID, or a username and password provided by the Cl@ve platform with signature.
  • Your Personal Area, if you have an electronic ID or certificate, permanent Cl@ve access, or by using a one‑time PIN sent to your mobile phone.

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As a general rule, the suspension of labour relations arising from a procedure in employment regulations could be initiated in one day, usually there is activity in the company.
However, the company 's decision to suspend labour relations under a temporary regulation of employment was not a competence of the public employment service Estatal (SEPE), the german social jurisdiction the revision of that decision.
If the operator of the benefits will appreciate the existence of fraud, deceit, coercion or abuse of law, may request the labour department contesting.

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In cases of reduced working hours or suspension of contract regulation procedure for temporary employment (ERTE), the company should continue entering business input on him by the period of unemployment, in accordance with the rules and regulations of the Social insurance payments.
The public employment service Estatal (SEPE) was due to Only the individual contribution for the working hours or days on which is unemployed, of its payroll records.

In any case, for the Social insurance payments, you will be informed through the phone number 901 50 20 50 , or in the page www.seg-social.es.

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The base figure of unemployment benefit is used to calculate the amount of that provision, while the basis of contribution for common contingencies is that the public employment service Estatal (SEPE) takes into account for contributions during the period may receive unemployment benefits.

The base figure of unemployment benefit is derived by calculating the average basic contribution by the contingency of unemployment for the past 180 days worked, taking into account the calendar days of each month ( 30 on november, 31 on december...).

In the case of termination, the basis of Social insurance payments will be the same as the base figure for the provision.

In the case of regulation of employment of temporary suspension of the employment relationship or reduced working hours, the basis of Social insurance payments during the perception of the provision of those workers due to the existence of legal obligation to contribute, will be equivalent to average of the foundations of the past six months of occupation quoted for common contingencies and occupational accidents and occupational diseases prior to the legal situation of unemployment or at the time of the end of the legal obligation to pay contributions.

During the suspension of the employment contract or reduced working hours, the company is obliged to enter the corporate contribution of Social insurance payments.

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The leave of absence to care for son or daughter is one of the assumptions that the labour law as grounds for suspension of an employment contract. Therefore, if your company performs a regulatory procedure temporary employment while you are on leave, you will move in a period of leave and regulation of employment as soon as you said period.

More information on unemployment benefits by RIT or ERTE: “I have been affected by RIT or ERTE”.

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In the unemployment benefits applies tax withholding of personal income (IRPF). However, for the very dynamics of the payment of benefits in suspension periods of labour relations regulation procedure for temporary employment, it is unlikely the withholding tax on INCOME, if the amounts envisaged for the provision do not reach the mandatory minimum required by the tax rules for the implementation of that.

But, while you are receiving unemployment benefit, you can request that you hold the INCOME TAX or to apply a higher percentage of retention, if any, by completing the relevant form.

More information on unemployment benefits because procedures in employment regulations: “I have been affected by RIT or ERTE”.

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When the period of suspension confined to certain working days of the month, for payment and consumption of unemployment benefits, these days will proliferate throughout the coefficient 1 , 25 for the purpose of computing the proportionate share of the weekly rest, unless the suspension affects five or six consecutive working days, in which case the payment will consume and seven days of unemployment benefit.

In this case, since they are going to be unemployed every friday of the month, percibirás liabilities, and you will use, 5 days ( 4 friday, x 1 , 25 = 5 paydays and consumption of delivery).

More information on unemployment benefits during a RIT or ERTE: “I have been affected or a RIT ERTE”.

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If, taking into consideration all the contributions determined in advance you place in the previous six years and that you have not used to access to health benefits, both of the previous level of contributors as a help, reúnes occupation period, listed below 360 days and meet other requirements, you may access, if you are utterly without income above 75 % the minimum wage excluded the proportionate share of two extraordinary pay (for this year amounts), a unemployment benefit, whose duration will depend on the number of days worked and whether or not family responsibilities(the minimum working time is three months if you have family responsibilities and six, otherwise).

More information on unemployment benefits by RIT or ERTE: “I have been affected by RIT or ERTE”.

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The ERTE COVID have been completed, for all purposes, 31 march 2022 and therefore cannot be seen since that date.

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No, the time of extraordinary provision of benefits arising from ERTE COVID is not considered an occupation period contributed to effects of recognition of a future law.

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Yes, you must register in public employment services autonomous as a jobseeker to recognize your unemployment benefit.

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You will have the right to unemployment benefit if when finished your contract has contributed to unemployment, at least, 360 days.

The unemployment rate is compulsory for female domestic workers from 1 october 2022 .

The contributions made to unemployment such jobs are in addition to contributions that may have made in other work for an employer, during the six years prior to the situation of unemployment, in any of the Social security regimes for which it is worth unemployment, provided that you have not used to collect a benefit.

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If, while you are gaining contributory benefit, you start to work on account of someone else part-time, you can choose to interrupt her benefits, as long as the contract, or to combine their work and to receive your contributory benefit.

  • If interrumpiste the delivery and contract lasts less than 360 days, when this ends, you can request the resumption of the provision that you have aborted.
  • If the contract lasts 360 days later, you can apply for a new provision with subscriptions or choose to resume the provision that interrumpiste to start work. If you choose to resume, contributions that had served to generate the new provision (which you have chosen), could not be taken into account for a benefit later.

However, if compatibilizas service with this contract as an employee of part-time home you can continue receiving this benefit after the cessation, without having to choose between benefits, so this period you will accumulate for future benefits.

If you choose to align the provision with the work you will be deducted from the provision in the share of the three hours worked. You can get more information by clicking here.

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If you work part-time job in four houses and you lose one of them, in the other three contracts, you can receive unemployment benefit for the cessation of work that you lose, provided that the amount of the days of the jobs that they keep time full-time.

The amount of the child shall be subtracted from the party proportional to the working day you place in the jobs that keep.

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You can access to unemployment benefit in equal terms with other persons employed workers.

For more information click here.

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The ministry of labour and Social Economy made available to persons employers models and information for proper notice of termination of employment contract with the successful people. The company is an essential document for that we can recognize your unemployment benefit. It will have to send the SEPE your person employer on the internet, through Certific@ 2 (web application that the public employment service State places at the disposal of entrepreneurs, business and professional members to communicate among other communications company certificate of termination of employment). For more information click this link:https :// www.sepe.es/HomeSepe/prestaciones-desempleo/FAQS/remision-electronica-datos-trabajadores-certifica 2 /que-es-certificados.html

In the case of not being able to transmit the certified by electronic means, by this body, the certificate of company en format paper contributed by working people of the family home together with its presolicitud or its application for unemployment benefits, provided that they find duly filled in.

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The unemployment rate will be compulsory for persons young domestic workers, 1 october 2022 irrespective of whether the contract is preceding or subsequent to that date.

The foundations of quotation for unemployment will be the for occupational accidents and occupational diseases.

The exchange rate applicable between the 1 october 2022 and 31 december 2022 , 6 , 05 per cent; 5 percent will be implemented by the employer and the person 1 , 05 percent by the person employed.

From january 2023 the contribution shall be conducted in accordance with the general budget act.

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You can access the unemployment benefit in equal terms with other persons employed workers.

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You can access the unemployment allowance for persons over 52 years in the same conditions as the rest of people employed workers.
For more information clickhere.

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YES, you can request Or document 1 before your departure from spain to the information of the periods covered as a person a domestic worker to take into account in another eu country to effects of unemployment benefits.

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Certific@ 2 it is a web application that the public employment service State places at the disposal of entrepreneurs, business and professional members to convey the following communications:

  • Company certificate of termination of employment.
  • Periods of employment for working people discontinuous fixed and affected by a record in employment regulations of the suspension or reduced working hours, allowing the individual workers, in such cases, process resumptions of the provision without having to travel to offices.
  • High benefits of working people affected by file.
  • Prior disclosure of data on collective redundancies, suspension of contracts and reduced working hours, provided for in the order ESS/ 982 / 2013 .

Through this application is replaced the delivery of the company in paper format to the individual worker for submission in the offices of benefits (office of employment in the case of Ceuta and Melilla). Allows reducing and simplifying procedures, as well as expediting the resumption of unemployment benefit for certain groups of people who have frequent workers periods of activity and inactivity.

The implementation Certific@ 2 allows companies to look at data of the company certificates sent to the public employment service, as well as State print copies of the same.

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Yes, regardless of whether or not to make application for unemployment benefit and that this is, if any, denied by not be legally unemployed.

Even if the individual worker voluntary severance causes, the company should send the certificate of enterprise, regardless of whether or not unemployment benefit application and that this is, if any, denied by not be legally unemployed.

More information on the issue of certificate of company in: “Company certificate".

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Sending the data of the company by electronic means is compulsory for all enterprises, clusters and other persons responsible for an obligation to contribute, fitted in any of the regimes of Social security system, regardless of the number of people who remain high.

The shipment will be conducted through the application Certific@ 2 in the electronic site public employment service Estatal (SEPE).

Exceptionally, if not possible, the company is obliged to surrender the person worker certificate of business in the official form, available at the offices of benefits (office of employment in the case of Ceuta and Melilla) or www.sepe.es.

Only in case the company is not integrated into the system network of Social security, are necessary documents for quotation TC 2 of the previous six months of the cessation in the employment relationship.

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You can access the Web application from the public employment service Estatal (SEPE) www.sepe.esvia Electronicsince “Procedures and services - “ Enterprises ””.

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You must certify the latest situation in which the individual worker ceases, therefore, the type of contract certificate shall be the corresponding to their legal status, whether changed for the full-time on as if to full employment.

On the basis of contributions, you must certify the real foundations of the worker or employee of the past 180 days, except that the duration of the contract has been lower.

Access to Certific@ 2 .

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For a company can use professional enabled Certific@ 2 , must identify themselves to the public employment service Estatal (SEPE). There are two possible ways to identify:

  1. With the authorization granted by the application Contrat@(Web service that allows the SEPE employers and entrepreneurs to communicate via the Internet the content of the employment public employment services), which consists of a username and password will be requested through the application.
  2. Through any digital certificatesissued by a certificate authorities.

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The types of users that can be used in the Web Public employment service State(SEPE) are:

  • AccessCertific@ 2 (companies): May be of two types:
    - Main user (or authorized/a): the specific companies, that correspond to the CIF Or NIF authorised in the implementationContrat@ 2 .
    - The user: partner with the consent of either two or more enterprises to manage their communications.
  • To access the Site of the SEPE: Any citizen or company that discharge yourself through the Web; only have access to meeting point. This user or user is not valid to access Certific@ 2 .

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To access the different options that gives you the Electronicthe state employment service Estatal (SEPE), you can do it in various ways:

1 Access to. Certific@ 2 with username and password ofContrat@.

  • All users have access to Contrat@ Certific@ 2 .
  • The high Contrat@ users are ascribed to SEPE in 24 hours ( 48 hours if it is the testing of XML files).
  • Temporarily, to not affect the SEPE password change in Contrat@ for access to Certific@ 2 There will soon this service for a change in access to password Certific@ 2 .
  • Access to Certific@ 2 with main user (or authorized) or associate with username:

1 . 1 .Withthe primary user(or authorized):

  • If the user is a CIF:
    • In the field user enter the Icf.
    • In the password field to enter the password to access Contrat@.
    • In the field CIF should not be putting anything.
  • If the user is a tin:
    • In the username: field to enter the tin putting at the first position on the left a “ D ”.
    • In the password field to enter the password to access Contrat@.
    • In the field CIF should not be putting anything.
  • If the user is a NIE:
    • In the username: field to enter the tin putting at the first position on the left a “ E ”.
    • In the password field to enter the password to access Contrat@.
    • In the field CIF should not be putting anything.

1 . 2 . With user partner:

  • If the user is a tin:
    • In the username: field to enter the tin putting at the first position on the left a “ D ”.
    • In the password field to enter the password to access Contrat@.
    • In the field CIF to enter the ID of the business to which it represents.
  • If the user is a NIE:
    • In the username: field to enter the tin putting at the first position on the left a “ E ”.
    • In the password field to enter the password to access Contrat@.
    • In the field CIF to enter the ID of the business to which it represents.

2 Access to Certific@. 2 with digital certificate or electronic identity card

Access to digital certificate or electronic identity card to Certific@ 2 it is possible through any of the routes:

  • Electronics industries -Certific@ Enterprises headquarters 2 - Access to the implementation - digital certificate or electronic identity card.
  • www.sepe.es - companies - services for enterprises - to access to the application - digital certificate or electronic identity card.

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For the proper communication between the company and the public employment service Estatal (SEPE), are of vital importance the phone and email address, as all statements of results of the shipments will be made in the e-mail that appears on the implementation Certific@ 2 for the user or user entered in the implementation and the dispatch of each one of the files of communication.

Within the application Certific@ 2 in the main menu, "Modification of contact details ”, through which you can modify the email address you want to receive the result of communications.

Whenever you log, you can confirm your contact information, or modify them in the event that they are not correct.

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Following the preprocessor execution of the communication to the public employment service Estatal (SEPE), you will be notified the outcome of that, normally -preprocessing before 24 p.m.

The notification shall be in the email contained in the database of implementation Certific@ 2 for the user will be a representative on each of the files of communication.

The contribution of such information is an obligatory part of that process.

The message sent shall contain the identifier of the communication to the response and a file in XML format, which follows the structure of the corresponding outline XSD published by the SEPE.

In particular, structure of the filein response is as follows:

  • Block of data that contains the information of the original communication sent by the company.
  • Block of data showing the result of addressing the file, which is at the end of the XML file. This block contains the following information:
    • Outcome of the processing of the communication.
    • Number of people including workers in the communication.
    • Number of people prosecuted successfully.
    • A block with the errors associated with those workers who have been processed with error.
    • A block with the mistakes of generic type (data errors of the person or representative of the company) identified in the communication.
  • Fingerprint of the content of the file.

The outcome of the processing of a communicationit may be:

  • Processed: when all people including workers in the communication are prosecuted.
  • Partially processed: when some of the people of the communication are not prosecuted.
  • Declined: when we get process any person workers due to an error in generic data of the communication (data of the company or its representative) or because there is a bug in all working people.

The registers of persons who cannot be prosecuted, would also be included in the response file together with a code identifying the cause of error. the meaning of these codes can be seen in the subparagraph: "Help XML _ Tables of codes of response of the implementation".

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If after submitting a communication to the public employment service Estatal (SEPE) through Certific@ 2 the result of the accused of a communication is “ partially processed ”, the company should generate a new file with the corrected data only for working people are not prosecuted and proceed to a new post.

"partially Processed" means that some of the working people have not been prosecuted, instead, they will have been the rest, grabándose in our database.

The registers of persons who cannot be processed will be issued also in the response file together with a code identifying the cause of error. the meaning of these codes can be seen in the section XML aid - Latest Version in the table "response Terrores.txt" - table.

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If the company to send an XML file to the public employment service Estatal (SEPE), there is an error in the submitted data, identified by some mistake codes: HT 000 …, WG 000 …, DNT 000 …, HG 000 …, WT 000 …

To find out the text of the error code and to identify a widget ERRORES.TXTunder the heading XML AID – Last Version – code table of responsein the implementation Certific@ 2 .

We identified the mistake, should be fixed in the file and re-sending.

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There are four types of XML file structure for communications to the public employment service Estatal (SEPE):

a) communication XML File of periods of activity.

(b) communication XML File, certificate of cessation.

(c) communication XML File high record of benefits.

(d) XML File of prior disclosure of data on collective redundancies, suspension of contracts and reduced working hours (procedures or ERTE RIT *).

Implementation Certific@ 2 offers the possibility of creating such an XML file with the help of an assistant according to the file type to try to send (data of periods of activity data, certificate or company data of high benefits or ERTE RIT).

Important note: in order to execute any of the three assistants, you must have the hardware in the latest version of JAVA. The instructions on how to install it are accessible from the bottom left button on this page (right below the wizard of company certificates).

In the main menu of the implementation Certific@ 2 within the assists XML, the user shall, within the description of each one of the files, being detail at each one of the manuals:

  • User Manual of periods of Activity. (PDF - 1 , 57 Mb)
  • User Manual company certificate. (PDF - 1 , 63 Mb)
  • User Manual for High You are. (PDF - 1 , 45 Mb)
  • User Manual of procedure of RIT. (PDF - 2 , 60 Mb) (*)
  • Latest version – Schemes XSD

(*) Procedures or RIT ERTE refers to communication of data on collective redundancies, suspension of contracts and reduced working hours.

In addition at the same direction is available for the shipment of XML files in evidence and the possibility to clarify doubts or consultations through the mailbox of the implementation Certific@ 2 .

If the file is not in conformity with the structure that marks the SEPE implementation sends the error message: The file is sent XML schema published on our website,indicating line, column and label in which we have detected the error.

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Both in the submissions of periods of activity and company certificates and high in RIT, the public employment service estatal (SEPE) reported in the email address for the user or user of the shipment, a message containing the identifier of the communication together with a response file in XML format.

The structure of the file response is as follows:

  • Block of data with information on the original communication.
  • Block of data with the result of addressing the file.
  • Fingerprint of the content of the file.

This fingerprint shall serve as the signature and seal of the SEPE, and will serve as proof of the data presented in the file.

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If you send the certificate of business by web form through the application Certific@ 2 get a receipt with certificate data of company and with a registration number.

The issuance of a reservation occurs when they have completed the data correctly business certificate, opening at the end of the process a new browser page containing the PDF.

Also at that time there is the issuing of PDF with the certificate.

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Within the main menu of the implementation Certific@ 2 through the option Help Xml-última Versión-tablas codes,there are a number of files which contain information with codes requirements to complete some of the areas that require an XML file. (E.g. TKDIASAC.txtcontains codes to fill in the field of Activity Code).

In the user manuals detailing all the necessary fields to create the XML file (description, format and length and validation); that is where reference is made to the table name.

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The company certificates submitted by corporations, although the successful people not request unemployment benefit, will be recorded in the databases of the public employment Service State (SEPE), for the recognition of future unemployment benefits.

Access to Certific@ 2 .

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YES, take into account the periods in the uk. For this you need to reside and work in Last place in spain.

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It will take into account in the UK periods before and after the end of the transitional period ( 31 . 12 . 2020 ) if you reside and work in Last place in spain.

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Yes, you can add periods quoted in UK the quoted in Last place in spain, provided that, in accordance with spanish law, these periods have been covered in the six years prior to the final legal status of unemployment in Spain.

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  • Persons uk nationals residing legally in spain
  • The national spanish and european union member states, of the european economic area and switzerland

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You must make the document, or 1 you must ask the british institution of unemployment through the following link:

If not provided the U 1 when you come to make the request of their unemployment benefit in Spain, the public employment service Estatal (SEPE) would seek information from your line contributions to The united kingdom.

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Yes, in the uk you can assert in Spain periods before and after the end of the transitional period. You Need To reside and work in Last place in The united kingdom.

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You will need to apply the SEPE document Or 1 before your departure from spain.
If you are not carrying U 1 when you come to make the request of your unemployment benefit in the uk, the british institution of unemployment also secure the info for your contributions to line across Spain.

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To access your contributory benefit you must meet the requirements of the spanish legislation for the unemployed ( 360 days quoted by adding the insurance periods covered in The United Kingdom and spain) and establish legal situation of unemployment in your last job in spain.

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It does not require a minimum period of employment in spain last. You must complete 360 periods of days in the united kingdom and Spain to access your contributory benefit.

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You must apply for appointment of an office of the SEPE and bring the document, or 1 issued by the british institution of unemployment with information on the periods of 6 years prior to your became legally unemployed. If you do not have the document, the SEPE seek your periods to The united kingdom.

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If you do not work on your return to Spain, you can access a contributory benefit for the contributions accredited in Spain before departure abroad that would not have been used for another previous right provided that you had contributed 360 Days or more.

The periods quoted in the United Kingdom can be accredited with the U 1 .

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If you are a national of the european Union perceptora or receiving unemployment benefit in the uk you can export your delivery to spain to the search of employment, provided that:

  • you have worked in the uk without interruption since 31 . 12 . 2020 and
  • you are protected or protected by the agreement.

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From 1 january 2021 there can be authorized the export of the provision to UK spanish persons or nationals of other states of the european union that since the 31/12/2020 and so far in that request it, they are residing and working in Spain, since they would not be any protected under the item 30 . 1 the agreement.

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British nationals that 31/12/2020 so far in applying for export, have been continuously subject to spanish law to reside and work in Spain.

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Yes, people-eu nationals, who had worked in Gibraltar, subject to the laws of The United Kingdom before 31 . 12 . 2020 they are able to assert, in spain in Gibraltar periods before and after Brexit always residing and working last activity takes place in Spain.
Can demonstrate the quotations in Gibraltar contributing Or 1 .

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Yes, when Spain your country of residence for their work in Gibraltar, you can access provision in spain for insurance periods accredited in Gibraltar before and after Brexit, without necessarily you priced in Last place in spain.
You can demonstrate the quotations in Gibraltar providing U 1 .

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1 .- The spanish men and womenhaving taken effectively to Gibraltar and justify, at least twelve months of work there in the past six years, provided they meet other requirements, they will be able to access to person returned emigrant.

2 .- If you have sufficient contributions prior to departure from spain ( 360 days) you can receive the unemployment level of contributors provided it is not used for other right.

You can demonstrate the quotations in Gibraltar providing U 1 or Returning emigrant certificate.

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