Which ways of leaving a job give you paro

Terms used

• Paro — Paro is Spain's unemployment benefit, paid when you lose a job through no fault of your own.
• ERTE — An ERTE is a temporary suspension of your contract or a cut in your hours, usually for economic or production reasons.
• Finiquito — The finiquito is the settlement of the sums your employer owes you when your job ends.
• Certificado de empresa — The certificado de empresa is a document from your employer stating the legal reason your job ended.
• Base reguladora — The base reguladora is the average of your past contribution salary, used to calculate your paro.

Key rules

• Resignation: Quitting voluntarily normally gives no paro unless you leave for legal grounds.
• Dismissal letter: Signing the dismissal letter or finiquito does not waive your paro.
• Challenging dismissal: You have 20 working days to file a labour court claim, after attempting conciliation.
• ERTE: You can get paro during an ERTE without the minimum contribution period.

The short answer

Dismissal, the end of a temporary contract and an ERTE usually give you paro. Voluntary resignation generally does not, apart from specific exceptions. What you sign matters less than the legal reason on your paperwork, but read before you sign anything.

Situations that usually give you paro

• Dismissal of any kind: disciplinary, for economic or production reasons, or as part of a collective dismissal.
• The end of a temporary contract.
• The end of a season for fixed-discontinuous work.
• Your employer's insolvency, death, retirement or incapacity, or a court ending the contract.
• Being let go by your employer during a trial period.
• An ERTE, which is a temporary suspension of your contract or a cut in your hours.

Resignation

If you simply quit, you normally get no paro. The exceptions are cases where you leave with legal grounds:

• You are a victim of gender violence and leave your job.
• A move forced by your employer means you must change your home.
• Your working conditions change substantially.
• Your employer has not paid you, or has seriously breached your contract, and a court ends the contract.
• Certain trial-period endings.

In these cases you usually need a court ruling or a conciliation record to prove the cause. Do not resign first and hope to prove it later. Get advice before you leave.

Signing the finiquito or dismissal letter

Signing the finiquito or the dismissal letter does not cost you paro. Your right depends on the legal reason shown on the certificado de empresa, which your employer issues. The state employment service grants paro based on the dismissal even if you challenge it.

If you disagree with a dismissal, sign "no conforme". This keeps your right to challenge it. You have 20 working days after the dismissal to file a claim with the labour court, and you must first attempt conciliation.

ERTE

During an ERTE you can receive paro without the usual minimum contribution period. Your company normally files the collective claim for you. Paro pays 70% of your base reguladora for the first 180 days and 50% after that, within minimum and maximum limits. If your hours are cut rather than suspended, you receive paro in proportion to the hours you lose.

Paro used during an ERTE normally counts against your entitlement. Since the 2022 labour reform, it can be "reset" for ERTEs after 1 January 2023, so it is not deducted if you are later dismissed or your contract ends. This depends on timing and on having the required contributions. Ask the employment service whether the reset applies to you.

The decision, timeline, documents, warnings and FAQ below cover the choices and papers in more detail.

Choosing between options

Will leaving your job give you paro?

• Dismissal, contract end or ERTE: Your employer ends your job, your temporary contract runs out or you are in an ERTE. You are usually entitled to paro.

• Resignation for legal grounds: You end the contract because of unpaid wages or serious employer breach, a move required by geographic mobility, a substantial change of working conditions, or you are a gender-violence victim leaving your job. You can get paro, but a court ruling or conciliation is typically needed to show the cause.

• Voluntary resignation without legal grounds: You simply decide to leave. This normally gives you no paro.

If your employer ended the job, you get paro. If you ended it, you only get paro when you had legal grounds, shown by a court ruling or conciliation.

Timeline and deadlines

• Challenge the dismissal: attempt conciliation, then file a claim with the labour court: within 20 working days of the dismissal

• During an ERTE, paro pays 70% of your base reguladora: for the first 180 days

• During an ERTE, paro pays 50% of your base reguladora: from day 181 onwards

Documents you need

• Certificado de empresa (company certificate): issued by your employer, it shows the legal reason your job ended, which is what decides your paro.

• Dismissal letter or contract-end notice: given by your employer. Signing it, even "no conforme", does not waive your paro.

• Finiquito (settlement of the sums your employer owes you): issued by your employer. Signing it does not waive your paro.

• Court ruling or conciliation record: needed if you resigned for legal grounds such as unpaid wages, to show the cause of the termination.

What to watch out for

• Thinking that signing the finiquito ends your paro: Many people fear that signing the finiquito or the dismissal letter means giving up paro. It does not: paro depends on the legal reason for unemployment shown on your certificado de empresa. Check that the certificado de empresa shows the right reason for ending your job before you apply.

• Missing the time limit to challenge a dismissal: If you disagree with the dismissal, you lose the chance to challenge it in the labour court after 20 working days. Sign "no conforme" and start conciliation straight away, within 20 working days of the dismissal.

Frequently asked questions

Does signing the finiquito or the dismissal letter cost me my paro?

No, signing the finiquito or the dismissal letter does not cost you your paro, because paro depends on the legal unemployment situation shown on your certificado de empresa (the company certificate). The finiquito is the settlement of the sums your employer owes you. Signing "no conforme" (not agreed) keeps your right to challenge the dismissal, and the SEPE still grants paro based on the dismissal.

How long do I have to challenge a dismissal in court?

You have 20 working days after the dismissal to file a claim with the labour court. A conciliation attempt comes before the claim. Challenging the dismissal does not stop you from getting paro.

Does paro during an ERTE use up my paro for a later dismissal?

Usually yes, paro received during an ERTE (a temporary layoff or hours reduction) uses up your entitlement. Since the 2022 labour reform, ERTE periods after 1 January 2023 can be reset, so what you used is not deducted if you are dismissed or your contract ends within the legal limits and you have the required contributions. The conditions depend on the type and date of the ERTE.

Do I need a minimum contribution period to get paro during an ERTE?

No, you can receive paro during an ERTE without the minimum contribution period. The company usually files the collective claim with the SEPE for you. If your hours are only reduced, the benefit covers the hours you lose.

Can I get paro if I resign because my employer has not paid me?

Yes, if you end the contract with legal grounds such as unpaid wages or a serious employer breach, but you normally need a court ruling or conciliation to prove the cause.