If the employee quits during the probationary period, is he entitled to unemployment?

If an employee leaves the company where he/she is working during the probationary period, it is considered as a voluntary departure because the employee freely and personally decides to terminate his/her contractual relationship with the company.

• If the employee leaves voluntarily, he is not entitled to unemployment benefit,
• If the employee finds a new job and the employer terminates the employment during the probationary period, he will not be entitled to unemployment benefit either, provided that no more than three months have elapsed since the previous voluntary leave.

It is considered as voluntary leave

Voluntary leave of absence differs from leave of absence from work because it does not presuppose a return to the corporation. There are several types of voluntary leave, such as termination of contract, mutual agreement or personal reasons, in any case, the worker will not be entitled to unemployment benefit. The unemployment protection system is designed to help people who are willing and able to work but are unemployed.

Therefore, if you leave a company voluntarily, you will not be entitled to unemployment benefit.

Is there a right to compensation?

In voluntary severance, the worker loses the right to compensation and, as we have seen, also loses the right to claim unemployment benefit, as it is a personal decision to terminate the employment relationship. However, he is entitled to receive the corresponding severance pay, which will include the salary proportional to the time worked, the outstanding holidays, the proportional part of the extraordinary payments and any other labour rights that correspond to the worker.

Notice of voluntary departure

Notice of voluntary redundancy is a notice that an employee gives to his or her employer before resigning from his or her job. The employee must give notice in accordance with the collective agreement.

In case the agreement does not specify a specific period, case law establishes that the notice must be 15 calendar days.

The notice may be given verbally or in writing. However, it is advisable to do so in writing in order to have a clear record and avoid misunderstandings. The employee can hand in a letter of resignation or send an email to the employer.

Are you entitled to unemployment benefits if you are dismissed during the probationary period?

The probationary period usually has a specific duration set out in the employment contract. If you are dismissed within this period, it is considered a dismissal during the probationary period.

To be entitled to unemployment benefit, you must meet certain requirements, such as having paid sufficient contributions and being registered as a jobseeker with the State Public Employment Service (SEPE).

Even if you are dismissed during the probationary period, you must have worked for a minimum period of time to be entitled to unemployment benefit. This time varies depending on the circumstances, but generally a minimum of 3 months of contributions is required.

If you have any doubts regarding this issue, please do not hesitate to contact us, by telephone to Úrsula Olivares Lamela or by email to uol@btsasociados.com, we will be delighted to help you.