Imagine that you have been working for a while and, for some reason, your contract runs out. Fortunately, you have a downtime where you receive a certain amount of money each month. But what if before the end they hire you again? The normal thing is to stop unemployment, how to resume the unemployment benefit if you later need it again?
If you have encountered this situation, or it is going to happen to you, knowing what the procedures are to resume the benefit, knowing if you can have it again or if it expires are important questions that you have surely asked yourself. And then we answer them.
What it means to resume unemployment benefit
A person is entitled to an unemployment benefit, also called unemployment, when they have worked at least 360 days, that is, one year of work, which entitles you to 120 days of unemployment (4 months of unemployment). The higher the contribution amount, the more unemployment you have.
But many people do not sit idly by collecting unemployment benefits and then start looking for work, they do so while receiving the benefit and that means that, sometimes, they find work before even exhausting the full payment. At that time, the unemployment benefit can be suspended to renew it when the new dismissal occurs.
How to resume unemployment benefit step by step
If you find yourself in this situation and you have just lost the job for which you suspended the unemployment benefit, you should know that you can get it back. For it:
- Keep in mind that you must request it within a period of fifteen business days from the end of the reason for which it was suspended.
- Be registered as a job seeker.
The resumption request can be submitted in two different ways: through the Internet, as long as you have a digital certificate, DNI or Cl@ve username and password; or in person, by going to the offices of the State Public Employment Service (keep in mind that you may require a prior appointment).
What are the reasons why you can suspend the unemployment benefit
If you are receiving unemployment, the normal thing is that you suspend it for a new job. But it doesn't have to be that way all the time. That is, there are several reasons why you can suspend it.
These are:
- Temporary transfer abroad. If you leave Spain, you can request not to collect unemployment benefits during the time you are away and resume it when you return.
- For maternity or paternity. Because the maternity or paternity benefit comes into play.
- For having to serve a custodial sentence. That is, for having to serve a prison sentence.
- For a job, either as an employee or self-employed (although, in this case, you have the option of collecting unemployment benefits as a self-employed person or all at once if you want).
What happens if my unemployment was suspended due to a sanction?
It may be the case that you want to resume the unemployment benefit because you have had a sanction, which can be minor or serious. This causes the stoppage to be suspended and, until the sanction period has ended, it cannot be recovered.
In other words, first you have to serve the sanction and then you can recover the benefit, as long as it is not exhausted. Now, to recover it, it must be done by the SEPE, which is the one who takes care of it ex officio.
To give you an idea, a light sanction can make you suspend the benefit for a month. But if there are four cases of that minor sanction, then you totally lose the benefit.
In the case of a serious sanction, you would lose the strike for three months, and you commit it three times, then it expires. And if the sanction is very serious, you automatically lose it.
What offenses can occur? Acting in bad faith, having various benefits that are incompatible, an agreement between worker and employer, rejecting a suitable job offer, not wanting to participate in social collaboration work, not showing up for appointments without just cause, not going on strike, etc.
What if the days go by?
As you know, the resumption of the unemployment benefit must be done within 15 working days once the cause that caused you to suspend unemployment has ended. But what if it turns out that you miss it or that you can't do it?
In principle that does not mean that you cannot resume it, yes you can. But it has a consequence. And it is that, if you resume it after those 15 days, that activation will be done from the request, losing the days of provision that have been consumed since the date on which it was restarted (that is, at the end of the contract, end of maternity, end of deprivation of liberty…).
In other words, the days that you have skipped for not asking for it on time will mean that you will not be paid.
How many times can you resume unemployment benefit
One of the doubts, and of the many questions that arise is about whether the strike is lost. That is, if after a while the unemployment can no longer be collected, because too much has passed. Or because you don't know if you can resume multiple times.
In the first case, you should know that the strike is usually cumulative, that is, if you have several contracts and resume for the first one, when it runs out you should be able to request the strike of the second contract. Of course, when a specific contribution is reached (2160 days of contribution) no more can be added, and the unemployment that corresponds to you is 720 days. In other words, if you contribute 5000 days, for example, you will only have 720 days of unemployment.
In the second case, yes, you can resume the stoppage as many times as necessary. Keep in mind that very short-term contracts are often chained and that is why you can request reactivation when necessary, as long as you have unemployment payable. Many, when they have several contracts, what they do is exhaust that first stoppage before asking for the next one since, in principle, it would be legal (you have just cause to suspend that second stoppage).
Is it now clearer to you how to resume unemployment benefit?