When a worker decides to ‘fire’, that is, to leave a job voluntarily, they face the problem of not having unemployment benefit. However, there are exceptions for which it can be achieved.
As a general rule, and according to information from the State Public Employment Service (SEPE), unemployment cannot be collected if a worker leaves voluntarily of your company. The reason is that “the unemployment protection system protects working people who want and can work but are unemployed.”
If an employee leaves voluntarily, they no longer have the status of legal unemployment, one of the requirements that the General Law of Social Security mark in its article 266 to be able to access the benefits. In his article 267 he explains the exceptions that allow workers to maintain the status of legal unemployment situation when they voluntarily leave their company, conditions that appear in turn included in the Workers’ Statute:
-For reasons of geographical mobility that imply the change of residence to another city.
-When a substantial change in working conditions is not notified at least 15 days in advance to the worker.
-When a substantial change in working conditions harms the worker in terms of working hours, hours and distribution, shift work, remuneration and salary amounts and work functions.
-When a female worker is forced to leave her job as a result of being a victim of gender violence.
-When there is non-payment or continued delays in the payment of wages.
-When any other serious breach of the employer’s obligations occurs, except in cases of force majeure.
Thus, in all these cases, the worker will maintain the right to collect unemployment benefit, since the system considers him / her as a person in a legal situation of unemployment when it understands that is and was interested in working at the time the employment relationship ended with your company.