Tired of working? Is every second in your office the closest thing to hell? These are feelings shared by many workers, so you should not feel troubled by them. Nor if you have thought, like many employees, the desire to ‘say goodbye’ to your job and send everything away.
But is it worth saying goodbye to work? Not in too many cases, since in most situations this implies the renunciation of collecting unemployment benefits and, therefore, the worker is left in a vulnerable situation, without benefits to cover the lack of income due to the absence of a salary. .
However, the regulations contemplate exceptions in which workers can ‘say goodbye’ to their company with the right to collect unemployment benefits and, furthermore, receiving compensation.
The explanation is, as almost always, in the Workers’ Statute. Its article 50 (can be consulted at this link) explains that it is responsible for regulating the unilateral termination of the contract by the worker when “just causes” for this. The just causes with the following:
- Substantial modifications to working conditions that result in the impairment of the worker’s dignity. Specifically, those that refer to the working day, the schedule, the distribution of the working day, the shift work regime, the remuneration system and salary amount, the work system and performance or functions.
- Lack of payment or non-payment of the agreed salary.
- The rest of serious breaches by the employer (except in cases of force majeure), including his refusal to reinstate workers in the event that there are court rulings that oblige him to do so.
In these situations, the worker will have the right to terminate his contract unilaterally and, most importantly, collecting the unemployment generated based on the time worked.
Why you can ‘say goodbye’ by collecting unemployment
This is confirmed by the SEPE (State Public Employment Service) on its website, where it includes as legal unemployment situations the ‘Substantial modification of working conditions’, the ‘Non-payment or continued delay in payment of salary or serious non-compliance’ by the employer or the ‘Transfer of the workplace that requires a change of residence’.
It must be remembered that being in a legal unemployment situation is a mandatory requirement to collect any unemployment benefit: not only unemployment, but also any of the unemployment benefits that are granted at the assistance level.
Why you can collect compensation when ‘saying goodbye’ to your company
The same article 50 of the Workers’ Statute provides extra information that is key for the worker: “In such cases (those that serve as ‘just causes’), the worker will have the right to the compensation indicated for unfair dismissal.” That is, the worker not only receives unemployment, he will also receive compensation.
The amount of compensation for unfair dismissal was modified in the 2012 labor reform. The date of application, February 12 of that year, represents a before and after in their calculation:
- The periods before February 12, 2012 give 45 days per year worked (periods less than one year are prorated) with a maximum of 42 monthly payments.
- Periods starting on February 12, 2012 give 33 days per year worked (periods less than one year are prorated) with a maximum of 24 monthly payments.
- The maximum compensation is 720 days of salary, except in one case: when the compensation corresponding to periods prior to February 12, 2012 is greater, the limit is 42 monthly payments.
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