Unemployment is a difficult situation for those who are experiencing it, and especially on the occasions when the event takes us by surprise after we have had time working; But, although it is not a situation that is desired to anyone, it is always better to be forewarned and know how we have to act in this situation. So this article is written so that we can have a guide on how to prepare, and in the event that we find ourselves in this situation, know the deadlines and steps to follow to be able to request unemployment.
What to do before our dismissal
The first tips they are with reference to a before we are fired; And although we do not want that to happen, it is always extremely important to always have our documentation in order; This will help us not only to be able to request the strike at the given time, but it can also serve as a legal defense against the company in case the dismissal is unjustified. But What are the documents that we must make sure we have?
The most advisable thing is to have the payrolls of the last 12 months in which you have worked, these documents will help us to verify the salary and income we have for our work. Another very important document is a copy of the contract with which the job was being maintained, the importance of this document resides in that it contains the clauses under which we agree to work. And finally, it is advisable to have the justifications for the hours that we have. Having all these documents will help us to be able to legally verify that we were working in the company and what our salary was.
Having documents is recommended at all times because once we are out of the company it will be very difficult or almost impossible to get one of these; In addition, they will not only serve us in case we have to request unemployment, but also for some other formalities.
What we will do when we get fired
Once we have been notified that our services will no longer be required in the company it is important that we remain calm and request some documents that should preferably have specific content, we pay attention to these recommendations.
The first thing we have to request is a copy of the dismissal letterIt is very important that when we request it and it is delivered to us we compare it with the real one of the company to be able to make sure that it is a copy of the original, it is also important that it has a signature or stamp that makes it valid. In this letter, the date on which the document was delivered to us must be specified, so that we can present it as valid and with the correct information about how long we have not worked in said company.
One piece of advice that can help a lot is that when the letter is delivered to us, before signing it, it is important that we write the legend “not compliant”This is because in the event that we later proceed to file a lawsuit against the company, we can make use of this document to show that we were not the ones who resigned.
Legally, the term we have to file a claim with the company is 20 working days This period begins the first day that we no longer report to work at the company. It is important that before we make the decision to sue we properly advise ourselves with someone who is an expert in the legal field, in order to be able to proceed more firmly and with greater certainty in the legal process.
Roughly, what we have to do to file a lawsuit is file a conciliation ballot, which must be delivered to the mediation service of the autonomous administration; In the event that no agreement is reached with the company, the next step is to file a lawsuit before the so-called social court.
Up to this point the doubt may arise Is it a requirement that we sue the company for dismissal in order to request unemployment? And the most direct answer is no, it is not necessary to file a claim in order to request unemployment. This is because the legislation marks them as completely different processes, so that each of them has a series of different and independent requirements, deadlines and procedures.
However, it is necessary to mention two situations in which it is possible that the employment service may request a demonstration of demand, the first situation is when it is suspected that there has been a pact between the employer and the employee to simulate a dismissal, a fact that it would be categorized as fraud. And the second situation is when the company has not provided a letter of dismissal, as well as not notified the employment service of the dismissal. Taking this into account can help us a lot to carry out the correct process.
Outside of these two situations, the decision on whether or not to sue the company, receives only the person.
Now let's move on to the most important part of our article, once we were fired How long do we have to request unemployment? And how do we request it?
Requesting unemployment
It is important that we understand that unemployment is a benefit contributory unemployment; And to be able to access this benefit, it is a requirement that we have contributed to our employment for at least 360 days, or what is the same one year. If you do not comply with this, or any of the other requirements to request unemployment, you can still request the subsidy for insufficient contribution, which is a help that has been created in order to provide support to those who are in this situation unfavorable.
And it should be clarified that requesting the pair is a decision, so it is not mandatory that in case we are fired, we request the strike. This situation is known as saving unemployment. This is because as long as we can collect unemployment It will depend on the time that we have contributed, and if we make use of unemployment and then find a job, the contribution account will restart, which does not happen if we save unemployment. By way of example, we can say that if we are later after a year of contributions, we do not request unemployment, and we find a job after three months, we will begin to contribute by adding the months worked to the year that we save.
The term to be able to carry out the procedure to request the benefit is 15 business days counting from the moment the employment relationship has been terminated. But there is a special situation, in which, if the company pays us the settlement for the days of vacation not taken, we will have to wait for those days to pass, to be able to count our period of 15 days. In other words, if we were paid 5 days of vacation not taken, we will have to wait for those 5 days, and the sixth will be our first day of deadline to request the strike.
The process
The first thing we have to do to request unemployment is to request an appointment with the state employment public service. It is also important that we are registered as job seekers, so that the process can be carried out correctly. It is possible that the first thing we do is request the appointment, to later register as job seekers, without this affecting the unemployment application process.
On the day of your appointment, it will be imperative that the applicant shows up with his unemployment card to be able to prove your situation. But it is not the only thing we should bring, let's see what other documentation is required.
Let's start with the application form, which can be downloaded or we can get a copy from the employment office; we also have to carry our official identification; If applicable, it is important to bring the identification of the children that have been indicated in the application. The family book must also be carried. We must also carry a proof of ownership corresponding to the bank account of the person who received the benefit.
Another very important document is the company certificate, which must be sealed and signed by the company, so that its validity is guaranteed; In the event that the company implements it this way, this certificate can be sent electronically.
In case we have worked part time, this during our last 6 years, it is essential to have the contracts referring to said works, in this way it will be possible to make a correct count of the amount of day we quote and in this way the time during which we can make use of our performance.
It should be noted that in the event that we cannot present all our documentation on time, we have to attend the appointment, mention our situation in the office and then we will be given 15 more business days from the day of our attendance to be able to have the papers; In the event that we exceed this period, the request will be archived.