{"id":227398,"date":"2026-05-29T03:46:43","date_gmt":"2026-05-29T03:46:43","guid":{"rendered":"https:\/\/teknomers.com\/en\/many-companies-issue-strike-notices-to-voluntary-resigners-sepe-has-a-message-for-them\/"},"modified":"2026-05-29T03:46:45","modified_gmt":"2026-05-29T03:46:45","slug":"many-companies-issue-strike-notices-to-voluntary-resigners-sepe-has-a-message-for-them","status":"publish","type":"post","link":"https:\/\/teknomers.com\/en\/many-companies-issue-strike-notices-to-voluntary-resigners-sepe-has-a-message-for-them\/","title":{"rendered":"Many Companies Issue Strike Notices to Voluntary Resigners: SEPE Has a Message for Them"},"content":{"rendered":"\n
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One of the concepts that are deducted from the payroll of all employees every month is the unemployment benefit that gives the right to collect unemployment when the company fires you.<\/p>\n

However, accessing this benefit is not as easy as it may seem and the SEPE (State Public Employment Service) can deny you unemployment if a series of requirements are not met.<\/p>\n

Condition for Collecting Unemployment: Being Fired<\/h2>\n

The right to collect unemployment benefits in Spain<\/a> is conditioned on a fundamental requirement: the worker must \u201cbe able and wanting to work\u201d and lose their job for reasons beyond their control. This means that if an employee voluntarily resigns from their position, they will generally not be eligible for this benefit unless certain conditions are met.<\/p>\n

As specified by SEPE, quitting a job results in the immediate loss of the right to collect unemployment benefits. However, if after resigning, a worker finds another job and is then legally terminated (due to the end of a contract, dismissal, ERE, etc.), they can apply for unemployment benefits accumulated from previous jobs.<\/p>\n

Eligibility after Resignation and Reemployment<\/h3>\n

The regulations indicate that if the contracts following a voluntary resignation are short-term due to not passing the trial period, the worker can regain their unemployment rights as long as they have been employed for over three months since resignation. For instance, if an employee resigns and takes a temporary job but does not fulfill the two-week trial period, they won’t qualify for unemployment benefits unless they are later terminated or their contract ends.<\/p>\n

However, if they switch various jobs without successfully passing the trial period, they will not be eligible for unemployment benefits until they exceed the three-month timeframe mandated by SEPE. Only then can they claim unemployment based on contributions from the initial job they left.<\/p>\n

Understanding Compensation Rights<\/h2>\n

When an employee resigns, the employer is not obligated to provide any compensation beyond settling outstanding payments such as vacation pay or any unpaid salaries. As a result, both parties might sometimes agree to simulate a disciplinary dismissal.<\/p>\n

In such scenarios, technically, the company is not liable for additional compensation, and the employee may be entitled to unemployment benefits. However, this arrangement is illegal and constitutes fraud. If discovered by SEPE or labor inspectors, both parties can face serious legal consequences.<\/p>\n

Legal Risks and Penalties<\/h3>\n

If the employment agreement is found to have been fraudulent, the employee must repay any benefits received and potentially forfeit future unemployment claims. For the employer, they may lose all tax incentives and face severe penalties for up to six years, as detailed in the Law on Violations and Sanctions of the Social Order (LISOS)<\/a>.<\/p>\n

Exceptions Allowing Resignation and Unemployment Claims<\/h2>\n

The Workers Statute<\/a> outlines specific instances where voluntary resignation does allow an employee to claim unemployment. Conditions such as unilateral changes in job location, material modifications in working conditions, workplace harassment, or repeated salary delays qualify for this exception.<\/p>\n

Additionally, if a resignation is due to gender violence, this also falls under legal protections permitting unemployment claims, as per the Law on Comprehensive Protection Measures against Gender Violence<\/a>.<\/p>\n

Ultimately, the legality and documentation of the resignation cause remain critical for a successful claim. The reform in the Workers’ Statute specifies that justifiable resignations may yield benefits akin to those from unfair dismissals, provided the case conforms to legal standards.<\/p>\n<\/div>\n


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General News – 2<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

One of the concepts that are deducted from the payroll of all employees every month is the unemployment benefit that gives the right to collect unemployment when the company fires you. However, accessing this benefit is not as easy as it may seem and the SEPE (State Public Employment Service) can deny you unemployment if […]<\/p>\n","protected":false},"author":1,"featured_media":227399,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[36399],"tags":[1723,5813,1098,6599,53140,37547,216,9014],"class_list":["post-227398","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-technology","tag-companies","tag-issue","tag-message","tag-notices","tag-resigners","tag-sepe","tag-strike","tag-voluntary"],"_links":{"self":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts\/227398","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/comments?post=227398"}],"version-history":[{"count":1,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts\/227398\/revisions"}],"predecessor-version":[{"id":227400,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/posts\/227398\/revisions\/227400"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/media\/227399"}],"wp:attachment":[{"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/media?parent=227398"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/categories?post=227398"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/teknomers.com\/en\/wp-json\/wp\/v2\/tags?post=227398"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}