So you can say goodbye to work, charging for unemployment and compensation

This is a feeling known to the vast majority of workers and even from which many are suffering right now: the need to urgently leave and change jobs due to a bad situation in their company, without even waiting to get a new one. work In these cases, the main problem is that in the case of compliance, the employee leaves without the right to any insurance.

The main thing is that an employee’s voluntary departure from the company is not a legal unemployment situation, so they are not eligible to receive unemployment benefits, even if they have contributed enough to receive unemployment benefits. The consequences are obvious: loss of money from the first moment after the company leaves. This means that people who don’t have a stash of savings are forced to stay with the company until they find a new job, or else they’ll run out of money.

However, there are certain situations in which workers can make a decision “say goodbye” to your company without losing your right to receive unemployment benefits to which they were entitled by virtue of their contribution. And in those cases, in fact, you can perceive some compensation.

In what cases can you ask to be excused from work

As in all labor matters, it is necessary to refer to the Statute of Workers. Its article 50 (which can be read at this link in the Official State Gazette) regulates the number Termination of the contract at the request of the employeewhich allows employees to voluntarily terminate the contract in specific situations that clearly harm them:

– Substantial change in working conditions leading to violation of workers’ dignity in such areas as working day, schedule, distribution of working day, shift work, system of payment and amount of wages, work and productivity of system and functions.

– Unreasonable and prolonged non-payment or delays in payment of agreed wages.

-All serious and culpable violations by the employer (except in cases of force majeure) and the employer’s refusal to reinstate the employee to his or her job, if this is provided by court order.

Can a person who leaves their company receive unemployment benefits or a subsidy?

If the worker is in one of these cases, he or she can activate the option to terminate the employment contract unilaterally without losing the right to unemployment or benefits, because will be in a situation of legal unemployment given the rules, this voluntary departure was not so voluntary and follows the conditions that forced him out of the company.

The State Employment Service on its website clarifies doubts, since among the situations that constitute legal unemployment, it includes “a significant change in working conditions”, “non-payment or prolonged delay in the payment of wages or a serious violation of one’s obligations as an employer” and even “transfer of place work that requires a change of residence.”

If the worker has not contributed for 12 months (the minimum period for receiving unemployment benefit), he will need to check with SEPE whether he is entitled to any unemployment benefit offered by the organization. The subsidy in question will depend on your personal situation: it could be related to insufficient contributions, for those over 52…

How much unemployment do you get when you say goodbye to your company?

If these 12 months of contributions (or more) are reached, the worker can receive unemployment, the duration of which will depend on the amount of unemployment contributions for the last six years. The minimum is four months of unemployment, the maximum is two years. Be that as it may, the size of unemployment will be:

-Z 70% of the regulatory base within the first 180 days.

-Z 60% of the regulatory base starting on day 181.

The regulatory base, SEPE explains on its website, will be the average of the “social insurance contribution bases for occupational contingencies over the last 180 days of contributions, excluding overtime.”

Amount of compensation in case of voluntary termination of employment

But the worker will not only collect unemployment or subsidies that he created with his contribution. As the Statute of Workers explains in Section 2 of Article 50, if the employee decides to exercise his right to terminate the contract at his own will and is in any of the permitted cases, “will be entitled to compensation awarded for unfair dismissal“.

The Statute of Workers itself also regulates the terms of payment of these compensations, the amount of which was reduced with cheaper dismissal in the labor reform of 2012. Therefore, they depend on the date of application of this reform and on when the contract that the worker wanted to cancel was signed:

-There is compensation for periods starting from February 12, 2012 He worked 33 days’ salary a year (lower periods are proportional), with a maximum of 24 monthly payments.

– Compensation will be paid for the periods up to February 12, 2012 Worked 45 days’ salary per year (previous periods are proportional), with a limit of 42 monthly payments.

The the maximum compensation is two years’ salary (720 days of wages), except for one case: if the employee is entitled to a higher amount of compensation before February 12, 2012, the maximum compensation will be 42 monthly payments.

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