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Do I have the right to unemployment if I do not pass the trial period in a job?

Date: March 1, 2024 Time: 07:55:50

The unemployment benefit is a right that protects the worker when he loses work and is generated through Social Security contributions. It is a contributory benefit and, specifically, a minimum contribution period of at least one year -360 days- is required during the 6 years prior to being unemployed.

Applicants for this unemployment benefit must be legally unemployed, available to actively seek employment and accept suitable placement. To which must be added the demand for employment, a registration that must be maintained as long as the benefit is maintained.

But, in addition, another of the requirements to collect unemployment is that the worker has been involuntarily unemployed, “it protects the unemployment situation of those who can and want to work.” In other words, unemployment will not be available if the worker leaves his job.

According to the elapsed time

Regarding the voluntary withdrawal or by decision of the employer to determine access to unemployment, the State Public Employment Service (SEPE) recognizes an extraordinary circumstance, when it occurs during the trial period. If the worker leaves the company to go to another and becomes unemployed after failing the trial period, the SEPE takes into account the time elapsed to determine if he has the right to collect unemployment.

The trial period is an agreement between the worker and the employer – it is established in the contract – to confirm the suitability of the new employee for the position. The Workers’ Statute recognizes this period, although it is not mandatory to establish it, and its duration, in general, cannot exceed six months for qualified technicians, nor two months for other workers.

During that time, both the employer and the worker may break the employment relationship. If the employer dismisses the worker before the end of the trial period for not passing it, and no more than three months have passed since he left the previous company, the right to unemployment benefit will not be recognised. On the other hand, if more than three months have passed since the previous voluntary withdrawal, he will be able to receive unemployment.

From the Ministry of Labor they add that “a specific analysis of each case is usually carried out to determine if there are indications that allow a well-founded establishment of the presumption of legal fraud in the last hiring, in case it is intended to access the unemployment benefit form improper”.

How long does the strike last?

If the worker finally has the right to unemployment because more than three months have passed since his voluntary leave, he must also meet the rest of the requirements. Among others, the minimum contribution period of one year. In that case, he will be able to collect unemployment benefit for four months.

The duration of unemployment was determined by the number of years contributed by the worker. It oscillates between a minimum period of four months -120 days- for those who will have contributed for up to a year and a half and will last a maximum of two years, for those who have contributed for more than 6 years -2,160 days-.

The amount that will be charged during the corresponding period of the regulatory base. It is calculated from the average of the contribution bases of the last 180 days of contributions. Finally, the daily amount that is received is 70% of the regulatory base during the first 180 days of benefit and 60% from day 181 until the end of it.

Once this benefit is extinguished, if the beneficiary continues to be unemployed, the Ministry of Labor and Social Economy contemplates other aid -non-contributory- to protect the unemployed in situations of economic vulnerability. The system includes the Active Insertion Income (RAI), the subsidy for unemployment with family responsibilities, the extraordinary subsidy for unemployment or aid for the long-term unemployed.

* This website provides news content gathered from various internet sources. It is crucial to understand that we are not responsible for the accuracy, completeness, or reliability of the information presented Read More

Puck Henry
Puck Henry
Puck Henry is an editor for ePrimefeed covering all types of news.

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