The SEPE notifies workers entitled to unemployment after a disciplinary dismissal

The separation of a worker from a company can be done in many ways. Although it is not usually the most common, one is through disciplinary dismissal. This is when there are a number of drawbacks that make it impossible for the relationship to be extended, so the employer chooses to fire the employee.

Many people thought that after this kind of termination there was no possibility of receiving unemployment benefits. But, in reality, there are a number of exceptions that will allow you to apply for thearrange in front of the SEPE.

Faced with a disciplinary dismissal, the worker will not receive any compensation. However, it will be up to him to collect the settlement. It includes the part of the payroll worked and not collected, unused holidays and the proportional part of extra payments.

  1. What is a disciplinary dismissal and when does it occur?
  2. When is unemployment paid after a disciplinary dismissal?
  3. In which layoffs is there no right to unemployment?

What is a disciplinary dismissal and when does it occur?

It happens quite often that the employee does not sit idly by after being dismissed for indiscipline. In fact, they usually denounce the company before the social courts.

If the result is in his favor, this dismissal would be declared null and void. Faced with this, they would have no choice but to readmit him or give him compensation. Everything would depend on what the company in question finally decides.

A judge during a trial

| TarragonaDigital

Disciplinary dismissal occurs, above all, when the employee commits a series of serious offenses in his position. There is a series of unexcused absences, utters insults or insults towards the employer or there is a prolonged decrease in performance. In view of this, the managers of the company have the possibility to make him out of work.

These behaviors are included in the Workers' Statute in article 54. It is the employer who must notify the termination, as well as the reasons for the dismissal and the date of conclusion of the relationship.

When is unemployment paid after a disciplinary dismissal?

When the employee affected by the dismissal is not satisfied with the measure, he has the possibility to appeal to the courts. This will allow you to receive the SEPE unemployment benefit.

Of course, the Employment Service explains that to collect thearrange it is not mandatory to file a claim for dismissal. They assure that "the communication of the same by the employer is sufficient to justify the legal situation of unemployment". Therefore, it would be easier for them to claim financial aid.

Until this year it was impossible to claim thearrange after being the victim of a disciplinary dismissal. Yes, because it was necessary to report the company to justify that it was in a legal situation of unemployment. But from 2022 you only need to present the company certificate and the disciplinary dismissal letter to the SEPE to apply.

But the situation will change from next financial year. There will be more control by the public body in the face of the large amount of fraud agreed between employee and employer, they say. They will demand the presentation of the lawsuit against the dismissal or the investigation by the Labor Inspectorate in the face of any suspected anomaly.

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In which layoffs is there no right to unemployment?

Of the different types of dismissals included in the Workers' Statute, there is only one that does not provide for the right toarrange. And this is when it occurs voluntarily. In other words, the employee decides to leave the company and break the relationship that united them.

The aim of the aidarrange it's very clear It consists of protecting "the situation ofarrange of those who have the possibility to work, but lose their job". Either temporarily or permanently.

In the case of voluntary dismissal, there are a number of exceptions that will allow the benefit to be collected. For example, when the company moves the worker geographically or reduces the working day by between 10% and 70%.

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