Unemployment is a difficult situation for those who experience it, and especially on those occasions when the fact takes us by surprise after having had time to work; But, even when it is not a situation that is desired by anyone, it is always better to be forewarned and know how we have to act in this situation. That is why this post is written so that we can have a guide on how to prepare ourselves, and in the event that we find ourselves in this situation, know the deadlines and steps to follow to be able to request unemployment.
What to do before our dismissal
The first tips they are with reference to before we are fired; And even when we do not want that to happen, it is always extremely important to always have our documentation in order; This will help us not only to be able to request unemployment at the given moment, but it can also serve as a legal defense against the company in case the dismissal is unjustified. ButWhat are the documents that we must make sure we have??
The most advisable thing is to have the payrolls of the last 12 months in which you have worked, these documents will help us to verify the salary and income that we have for our work. Another very important document is a copy of the contract with which the work was maintained, the relevance of this document is that it contains the clauses under which we undertake to work. And in conclusion, it is advisable to have the justifications of the hours that we have. Having all these documents will help us to legally prove that we were working in the company and what our salary was.
It is recommended to have documents at all times because once we are out of the company it will be very difficult or almost impossible to obtain one of these; At the same time, they will not only serve us in case we have to apply for unemployment, but also for some other formalities.
What will we do when we get fired?
Once we have been notified that our services will no longer be required in the company it is essential that we remain calm and request some documents that preferably should have specific content, we pay attention to these recommendations.
The first thing we will do the application is a copy of the dismissal letterIt is very important that when we request it and it is delivered to us we compare it with the real one of the company to be able to make sure that it is a copy of the original, it is also essential that it has a signature or stamp that makes it valid. This letter must specify the date the document was delivered to us, so that we can present it as valid and with the correct information on how long we have not worked in said company.
One piece of advice that can help a lot is that when the letter is delivered to us, before signing it, it is essential that we write the legend "disobedient“This is because in the event that we subsequently proceed to file a lawsuit against the company, we can make use of this document to show that we were not the ones who resigned.
Legally, the deadline we have to file a claim with the company is 20 business days This period begins on the first day that we no longer report to work at the company. It is essential that before making the decision to sue we properly advise ourselves with someone who is an expert in the legal field, in order to proceed with greater firmness and certainty in the judicial procedure.
Broadly speaking, what we will do to file a claim is file a conciliation ballot, which must be handed over to the autonomous management mediation service; In the event that an agreement is not reached with the company, the next step is to file a claim with the so-called Social Court.
Up to this point the doubt may arise Is it a requirement that we sue the company for dismissal to request unemployment? And the most direct solution is no, it is not necessary to file a claim to request unemployment. This is because the law marks them as totally different processes, so each of them has a series of requirements, deadlines and different and independent procedures.
In spite of everything, it is necessary to mention two situations in which it is feasible for the employment service to request a demonstration of demand, the first situation is when it is suspected that there has been a pact between the employer and the employee to simulate a dismissal, a fact that would be classified as fraud. And the second situation is when the company has not provided a letter of dismissal, and has not notified the employment service of the dismissal. Keeping this in mind can help us a lot to perform the correct procedure.
Outside of these two situations, the decision to sue the company or not is made only by the person.
Now let's move on to the most important part of our post, once we were fired How long do we have to request the strike? And how do we request it?
Applying for unemployment
It is essential that we understand that unemployment is a benefit contributory unemployment; And to be able to enter this benefit, it is a requirement that we have contributed to our employment for at least 360 days, or what is the same one year. If you do not comply with this, or with any of the other requirements to request unemployment, you can still request the subsidy for insufficient contribution, which is a help that has been created in order to provide support to those who are in this unfavorable situation.
And it must be explained that requesting a partner is a decision, so it is not mandatory that in the event that we are fired, we request a strike. This situation is known as unemployment savings. This is because while we can collect unemployment It will depend on the time that we have contributed, and if we make use of the unemployment and later find work, the contribution account will be restarted, which does not happen if we save the unemployment. For example, we can say that if we are later than one year of contributions, we do not ask for unemployment, and we find work after three months, we will begin to contribute by adding the months worked to the year that we save. .
The deadline to be able to carry out the procedure to request the the benefit is 15 business days counting from the moment the employment relationship has been concluded. But there is a special situation, in which, if the company pays us the settlement for the vacation days not enjoyed, we will have to wait for those days to pass, to be able to count our 15-day period. In other words, if we were paid for 5 days of vacation not taken, we will have to wait for those 5 days, and the sixth will be our first day of deadline to request the strike.
The procedure
The first thing we will do to apply for unemployment is to request an appointment with the state public employment service. It is also essential that we are registered as job applicants, so that the procedure can be carried out correctly. It is feasible that the first thing we do is request the appointment, to later register as job applicants, without affecting the unemployment application procedure.
On the day of your appointment, it will be imperative that the applicant shows up with their unemployment card to be able to prove your situation. But it is not the only thing we should bring, let's see what other documentation is needed.
Let's start with the application form, which can be downloaded or we can get a copy from the employment office; we also have to carry our official identification; In your case, it is essential to bring the identification of the children that have been indicated in the application. The family book it must also be carried. We must also carry a proof of ownership corresponding to the bank account of the person who received the benefit.
Another very important document is the company certificate, which must be sealed and signed by the company, so that its validity is guaranteed; If the company implements this dynamic, this certificate can be sent electronically.
In case we have Half-time job, this during our last 6 years, it is essential to have the contracts referring to these works, from this dynamic it will be possible to make a correct count of the amount of day that we quote and from this dynamic the time during which we can make use of our performance .
It should be noted that in the event that we cannot present all our documentation on time, we have to attend the appointment, mention our situation in the office and later we will be given 15 more business days from the day of our attendance to be able to possess the papers; In the event that we exceed this deadline, the request will be archived.
