When a worker decides to ‘say goodbye’, that is, to leave a job voluntarily, they face the problem of not having an unemployment benefit. However, there are exceptions for which you can get.
As a general rule, and , unemployment cannot be collected if a worker leaves his company voluntarily. The reason is that “the unemployment protection system protects working people who want and can work but are unemployed.”
If an employee leaves voluntarily, he ceases to have the legal status of unemployment, one of the requirements set out in article 266 to be able to access benefits. In its article 267, it explains the exceptions that allow workers to maintain the status of a legal situation of unemployment when they voluntarily leave their company, conditions that appear:
-For reasons of geographical mobility that imply the change of residence to another city.
-When a substantial change in working conditions is not notified to the worker at least 15 days in advance.
-When a substantial change in working conditions harms the worker in terms of working hours, schedule and distribution, shift work regime, remuneration and salary amount and work functions.
-When a worker is forced to leave her job as a result of being a victim of gender-based violence.
-When there is non-payment or continued delays in the payment of salary.
-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 the unemployment benefit, since the system considers him/her to be a person in a legal situation of unemployment as it understands that he/she is and was interested in working at the time the relationship ended. employment with your company.
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