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The TS rejects the payment of unemployment benefits for those over 52 years a worker “resigned” From his job


The TS rejects the payment of unemployment benefits for those over 52 years a worker “resigned” From his job


The Social Chamber, in judgment No 130/2017 of 15 February 2017, He denies a worker the right to resume the payment of unemployment benefits for those over 52 years to voluntarily leave the short-term employment which suspended the provision.

For the Supreme Court, the "resignation of the worker is not regarded as legally unemployed, even if it occurs during the trial period ", so it is not possible to continue charging the subsidy.

The employee began to receive unemployment benefits for older 52 years 1 de abril de 2009. Seven months later, He started working as a domestic Chauffeur- with a contract of indefinite duration. The same day he was discharged in Social Security, the 1 de noviembre de 2011, he took leave work because it was not well in Madrid and longed for his people, as your employer certified in a document. Shortly after, the worker asked for the resumption of unemployment benefits had been suspended and the Public State Employment Service (SPEE) He denied the resumption of the benefit sought by the worker not be legally unemployed.

Do you need to be in legal unemployment?

The Labour Court number 7 Murcia dismissed the lawsuit filed by the worker against the Public State Employment Service, on the grounds that the contract is extinguished by the will of the first, so there is no legal unemployment.

The High Court of Justice of Murcia overturned the judgment of the court and declared the applicant's right to resume receiving the benefit that came charging, concluding that the General Law on Social Security no requirement of being in legal unemployment for entitlement to benefits or welfare level for the resumption of the perception of the subsidy when suspended by a contract lasting less than twelve months.

The Social Chamber considers the appeal SPEE, TSJM overrides the failure and confirms the court. The sentence, of which has been speaker Judge Antonio V. Sempere, afirma que access to this benefit is limited to cases in which finished contributory benefit (which it is accessed from a legal unemployment).

Causes of suspension and resumption of subsidy

In this regard, He notes that the performance of work on behalf of others less than twelve months is a cause for suspension of the grant, which may be resumed if requested and attends the requirement to be registered as a jobseeker. En este caso, the applicant must prove that it has completed the cause of suspension and that "this cause is officially unemployed".

The statement recalls that the doctrine of the Chamber on the above requirements for resumption of the provision discards the automatism and recognizes the authority of the management body to perform the necessary checks.

So, cites STS / IV 11-Nov-1996 (rec. 2301/1996): «(…) in the event of renewed not be analogically apply the provisions for commencement or entitlement when Article 13 Royal Decree 625/85, specifically dedicated to the resumption of the right to unemployment benefit, states that the resumption of the benefit or subsidy will place upon application provided it can prove that it has completed the cause of the suspension and resumption “You will be entitled to receive the benefit or unemployment benefit for the period restase and the bases and rates that corresponded at the time of suspension”. In the same vein the current article is now expressed 212.2 the Revised Text of the General Law on Social Security 20 June 1994 by stating that the suspension of the right mentioned mean the interruption of payment of the benefit “and will not affect the period of their perception…”.»

The Fourth Chamber concludes that the perception of unemployment benefits for those over 52 years may be extended until the employee reaches the ordinary age required in each case to collect the pension. Sin embargo, stresses that "this is not a provision equated to retirement but the legislator wants the beneficiary still connected with what is often called the labor market".

"Remember that who receives benefits or subsidies must meet various obligations, among which appear the actively seek employment or accept an appropriate placement ", subraya la sentencia.

individual opinion

The sentence includes the dissenting opinion of Judge Rosa Maria Virolés in which he claims that the appeal should be dismissed and SPEE, therefore, recognized the right of workers to resume charging the subsidy is not required because the requirement of being in legal unemployment. The judge explained that "the termination of the contract within days of its start, without having passed the period of twelve months, and without the worker has the right to receive unemployment benefit, nothing prevents it from resuming unemployment that was in suspense ".