Unemployment benefit is suspended in some cases, so that its collection is interrupted and resumed when the cause for suspension ends.
The unemployment benefit is suspended in some cases, so that its collection is interrupted and is resumed when the cause for suspension ends. If an unemployed worker goes abroad for a period longer than 15 days, but less than 91 days, he/she must notify the SEPE of such trip and his/her benefit is suspended.
If you are receiving a contributory benefit, unemployment benefit or the active insertion income (RAI) and you move abroad, the payment of the benefit will vary depending on the reason and the duration of your move.
It should also be considered that unemployment benefits are suspended in some cases, so that their collection is interrupted and resumed when the cause for suspension ends.
In this regard, the SEPE informs us on its website of the possible casuistry that may occur in these cases.
For labor reasons of less than one year’s duration:
- if the transfer lasts less than twelve continuous months, the benefit is suspended, if it is longer than twelve months, it is extinguished.
- If you are receiving the RAI, in the case of a transfer of residence abroad to look for or perform a job, for professional improvement or for international cooperation actions, it is mandatory to notify the State Public Employment Service (SEPE) before leaving the country, and for the latter to authorize it. If the transfer lasts less than six continuous months, the benefit is suspended, and if it is longer than six months, it is extinguished.
If you do not inform the State Public Employment Service of the transfer abroad, it will be an infraction that will result in the initiation of a sanctioning procedure, the penalty for which is the termination of the entitlement.
For work reasons for one year or more if you are receiving a contributory benefit or unemployment benefit, or for six months or more if you are receiving the active insertion income:
- if you are receiving contributory benefit or unemployment benefit and you move abroad for a year or more to work, look for a job, carry out studies to improve your professional preparation, or for international cooperation actions, said benefit or subsidy will expire.
- If you are receiving the active insertion income and you move abroad for six months or more to work, look for work, carry out studies to improve your professional preparation, or for international cooperation actions, this income is extinguished.
For other causes not exceeding 15 days:
- if the departure is not more than 15 calendar days, whether continuous or not, during each calendar year, the benefit is maintained as long as you are able to comply with the obligations established in the law.
- It is advisable that you notify the Public Employment Service of the departure before it takes place.
- Upon your return from abroad, you must report to the employment office on the first working day following your return.
For other causes more than 15 days and up to 90 days:
- If the stay abroad is for a continuous period or not, longer than 15 days and up to 90 calendar days at the most within each calendar year, benefits are suspended.
- Prior notice must be given to the State Public Employment Service (Servicio Público de Empleo Estatal) and the latter must authorize such departure.
Royal Decree-Law 7/2023 of December 19 amended the General Social Security Law to extend the period for occasional travel abroad to 30 days instead of the 15 days currently established (so that if a stay abroad of up to 30 days occurred, such travel would not affect the collection of the benefit). However, this rule has been repealed, by Agreement of the Congress of Deputies published by Resolution of January 10, 2024.
I am moving to the EU/EEA or Switzerland and I want to continue receiving the benefit:
- If you receive benefits and have remained registered as a job seeker for at least four weeks in Spain and you move to seek employment in a country of the European Union (EU), European Economic Area (EEA) or Switzerland, you can export this benefit for three months, extendable for another three months.
For more information, please contact Labor Consulting.
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