Unemployment allowance is exclusively for situations in which the worker is in a condition of involuntary unemployment. This means that the benefit is not attributed when the termination of the contract occurs on its own will of the worker, even if he fulfilled the prior notice required by law.
Learn if the worker who says goodbye voluntarily is entitled to unemployment allowance. Know the conditions required by social security.
When is it possible to terminate with just cause?
According to Dantas Rodrigues, in the heading “work and complicated taxes” published by, the attribution of the unemployment allowance presupposes the existence of an involuntary unemployment.
Thus, when it is the worker himself to end the contract, without just cause, there is no right to said social benefit.
On the other hand, the legislation provides for the possibility that the worker ceases the employment contract with just cause.
A clear example of this situation occurs when the employer fails the timely payment of the remuneration for a period exceeding 60 days.
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In this context, the worker can cease the contract and maintain the right to the provision of unemployment.
Conditions required to obtain the subsidy
Still, it should be noted that the assignment of this allowance requires compliance with several additional conditions.
Among them are highlighted a valid employment contract, registering a minimum warranty period of 360 days worked due to others in the last 24 months before the date of unemployment, having residence in the national territory and being in an effective unemployment situation.
The plaintiff also reinforces a recommendation: “If you are considering reporting your employment contract, you must consider the loss of remuneration that may result in.”
Conclusion
In short, the worker who chooses to terminate his contract at his own initiative, without cause, will not have access to the unemployment allowance, regardless of compliance with other requirements required by Social Security.
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