Unemployment Benefits in Spain during the Coronavirus OutbreakFAQ

Employment Law Spain coronavirus

The following are a series of general questions and answers aimed at resolving possible general doubts.

  • Are temporary workers affected by an ERTE as a consequence of COVID-19 also entitled to unemployment benefit?

Yes, all workers affected by the extraordinary measures who were working before March 18, 2020, including temporary workers, will be entitled to the unemployment tax benefit.

  • I am a worker affected by an ERTE as a consequence of COVID-19 in a company where I work part-time and I also have a full-time contract in another company. Could I collect unemployment benefit for what I stop working?

Since he holds another full-time job, there is an incompatibility situation that does not allow him to access unemployment benefits. You will not be entitled to unemployment benefit as long as this situation continues.

  • I am hired part-time by two companies. In one of them we are in ERTE of suspension by COVID-19 from March 24. The other company, which is cleaning, is not going to suspend the activity as it is considered essential so I will continue working. Can I collect unemployment benefit for what I have stopped working?

Yes, you can access unemployment benefit, but it will be proportional to the time you work in the contract that you maintain will be deducted from the amount to be received.

  • I am registered as a self-employed worker in RETA and I also work part-time in a company that has included me in an ERTE as a consequence of COVID-19. Would you be entitled to receive unemployment benefit?

Self-employment is incompatible with unemployment benefits or subsidies. If you were registered as a self-employed worker on the date on which you are affected by the measure or on the date on which the right arose, you would not have the right because you would not be unemployed.

  • I work in a company that has included me in an ERTE due to the coronavirus crisis and also in domestic service. Do I have the right to access unemployment benefit?

You may access unemployment benefit for the contract affected by the suspension or reduction of working hours, provided that the work in domestic service is part-time. In that case, the part proportional to the time worked in the home employee contract that is maintained will be deducted from the amount of the benefit.

  • I suspended an unemployment benefit because I started working three months ago in a company that has now received a suspension ERTE due to Covid-19. Do I have to resume my suspended benefit?

You do not have to resume your service, but you can receive a new one during the time that your contract is suspended by Covid-19, without consuming the previous one. If, in the future, you become unemployed again, in order to determine your right, you will act as if you were not recognized now. You can resume the service that was suspended in its day or, where appropriate, request a new one.

  • I suspended a subsidy six months ago because I started working for someone else in a company that now, because of Covid-19, has included me in an ERTE. Since I do not have enough period to receive a contributory benefit, would I now have to resume the same subsidy that I had suspended or will I start another subsidy?

You will be recognized a contributory unemployment benefit, and will receive it as long as your contract is suspended or your working day is reduced for this reason. The interrupted subsidy may be resumed when you are again in a legal situation of unemployment, unless you are then entitled to a contributory benefit.

  • My company has not done an ERTE but has sent half of the workers to the streets, due to the 6-month commitment. Will I be entitled to unemployment if I have not been listed for more than 8 months?

The benefit regulated in Royal Decree-Law 8/2020 is extraordinary and applicable only to people who see their work suspended or their hours reduced due to an ERTE derived from Covid-19. If you are not in this extraordinary situation, you must have contributed a minimum of 360 days, in the last 6 years, to access a contributory unemployment benefit. However, you may be able to access a subsidy for insufficient contributions.

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