Have you ever heard of the company certificate? Do you know that you must request it to be able to request unemployment? And what should it contain?
If you have never heard this term before, or yes, but you do not know exactly what it is or if your company has provided it to you correctly, here we will solve all your doubts. Check out.
What is the company certificate
The first thing you should know is the concept of a company certificate. In this case, you must bear in mind that we are talking about a document issued by the company where you work to prove that the worker is going to be legally unemployed.
In other words, it is a document that certifies that you do not have any type of employment relationship with the company. However, it not only implies that there is a dismissal, but it can also occur when a contract ends, when there is a voluntary resignation, when the trial period is not exceeded...
In this way, when the employment relationship ends, either for one reason or another, the company or company is obliged to provide that company certificate. This can be given to SEPE to prove your unemployment status; or it can also be given to the worker. The normal thing is to deliver it to the worker together with the dismissal letter (if applicable) and the settlement.
What is the function of the company certificate
By now, you almost certainly know not only what the company certificate is, but also its usefulness. But just in case, you should know that this document is used to:
- Evidence that there is a termination of the employment relationship and justify the reason for that termination.
- Ensure the legal situation of unemployment, that is, that the worker is unemployed due to the end of that employment relationship.
However, having a company certificate does not mean that this gives you the right to have unemployment benefit, or unemployment. It actually depends on other factors.
What happens if the company does not give me a company certificate?
It may happen that your company or employer, when the employment relationship has ended, does not give you a company certificate. If you are not listed in the documents that they should give you, it is most likely that you will ignore it. But actually this is not a good thing.
According to article 298 of Royal Legislative Decree 8/2015, of October 30, the General Social Security Law, the employer is obliged to deliver a company labor certificate to the worker. And he has to do it in a determined time and manner. In other words, he must deliver it within 10 days of the termination of employment.
Therefore, if as a worker you do not have this document, you should know that this is a serious offense for them, not for you.
What if the certificate is wrong?
The same as if the company does not give you the certificate, if it does it wrong it can lead to sanctions. In addition, if these errors have to do with the worker himself (for example, that they say that he has been there for less time than he was or that he has taken more vacations than he did), the worker himself can report it to the Labor Inspectorate and it will take action on the matter.
What elements does the company certificate include?
In order for the document that the company gives you to be in accordance with what is truly established as a company certificate, it must contain the following:
- Company data.
- Worker data.
- The reason for terminating the employment relationship.
- The dates, both high and low, of that worker.
- The type of working day.
- What has been the contribution for common contingencies, unemployment and if there have been sick leave.
- What have been the paid and unused annual vacations.
- What are the prices of the last 6 months.
- Signature of the legal representative of the company.
- Official seal of the company.
Where can I download the official model
SEPE itself offers everyone a link in which they provide an example of a company certificate. We leave it here https://www.sepe.es/SiteSepe/contenidos/personas/prestaciones/pdf/certificado_empresa.pdf.
This can come in handy to verify that the company certificate they have given you and the one in the example are similar and that everything that should be in it is there.
What should the company do with the company certificate?
In a practical way, when a company ends a labor relationship with a worker, it must issue the company certificate and this is specifically given to the worker. But it is also mandatory that you send it to the Public Employment Service (ie SEPE) through the Certific@2 application.
If it cannot be, it is given only by hand to the worker. In addition, if the company is not within the Red System, this certificate must be accompanied by the Nominal List of Workers (RNT) of the last 180 days worked.
And the worker?
In the case of the worker, the company certificate is proof when requesting an unemployment benefit. Although the SEPE must have it from the company, it does not hurt to keep a copy for what may happen.
Even so, you can always check if the SEPE has them. To do this you have to enter the official website (SEPE) with the electronic ID, digital certificate or user password and select "Consult company certificates".
In addition to requesting this document from the employer, it can also be obtained from the SEPE.
With regard to the SEPE, they receive the document and it is one of those that they take into account when reviewing whether or not the worker is entitled to unemployment benefits. In other words, the fact that you have the document does not give you the right to unemployment, but to verify that you can actually request that benefit.
In the event that you do not have the document, the unemployment request can be accredited in other ways. This is done above all to prevent the worker from losing out by not having it.
As you can see, the company certificate is quite common and is related to employment and unemployment. Now it will be easier for you to understand what it is and, above all, to know what implications it has for the company and for yourself in relation to the unemployment benefit. Have you ever been given this document?