The unemployment benefit is a contributory aid that Social Security recognizes for those who remain unemployed, provided they have contributed for a minimum of one year in the last six years. In this case, unemployment may be collected for four months. For those who have contributed for six years or more, the maximum period of duration, two years, will be used.
However, during the period of unemployment, the contributory benefit can be suspended or extinguished for different reasons. Among others, because the beneficiary returns to work. The State Public Employment Service (SEPE) recalls that “in general, work, whether employed by another or self-employed, is incompatible with the collection of benefits or unemployment benefits”.
Obligation to notify discharge
In other words, the beneficiaries of the benefit have the obligation to notify their registration in any scheme and cancel their benefit. This is a procedure that can be carried out by phone, at employment offices or through the SEPE website itself. For the latter case, it is only necessary to fill in the pre-application form and select the unsubscribe option. A digital certificate, electronic ID or username and password cl@ve is required.
This procedure is essential, although the SEPE can find out by other means. The consequence of not communicating the placement could be the loss of the benefit due to a sanction. In this sense, the SEPE recalls that “the company that signs the contract has no obligation to inform about it.” In the event of not notifying the withdrawal and continuing to receive the benefit improperly, the SEPE considers it a serious infraction that is punishable by the termination of the benefit or subsidy.
Despite the fact that, in general, professional activity entails the cessation of unemployment benefits, there are exceptions. Specifically, if it is a part-time job or self-employment, there is the option of making unemployment compatible.
The unemployed who start working part-time for others can choose between interrupting the collection of the benefit or making their income from work compatible with unemployment. If you opt for compatibility, the duration of the benefit does not change. However, the importation of the benefit will be less, it will be reduced in proportion to the work day you do.
For their part, those who register as self-employed can continue receiving during the corresponding benefit, for a maximum of 270 days or the shorter time that remains to be received. In this case, it is essential that compatibility be requested “within a non-extendable period of 15 days from the start date of the self-employed activity”, notes the SEPE.
Resumption of strike
For those who cannot make unemployment compatible, it is possible to renew their payment if they become unemployed again. It is possible as long as the strike period has not expired and has been suspended, not renewed. Specifically, the SEPE recognizes the suspension when the work for others lasts less than twelve months or when the self-employment lasts between 24 and 60 months.
In these cases, in the event of returning to unemployment, the benefit may be renewed within 15 working days from the cessation of self-employment. In addition, if after the cessation of self-employment, you are entitled to protection for cessation of activity, you can choose between receiving this or reopening the right to suspended unemployment protection. If you opt for the previous benefit, the contributions that generated that benefit for which you had not opted will not be counted for the recognition of a subsequent right.