Is it correct for the Spanish Public Employment Service to terminate unemployment benefits (SPEE) on the grounds that the beneficiary has been absent from Spain for more than 15 days, surpassing the maximum time limit authorised?
Firstly, it is important to clarify the meaning of «change country of residence,» meaning that if a certain time limit is exceeded, it will result in the termination of the unemployment benefits (except in cases of job seeking or employment, professional development or international cooperation and as long as the beneficiary does not stay abroad for longer than 12 months, the benefits will only be suspended).
Unemployment Benefits – Travel Abroad
Four possible situations regarding trips abroad and unemployment benefits are described below:
1. Unemployment benefits are preserved if the beneficiary goes abroad for a period of up to 15 calendar days a year, provided that the trip has been communicated to the Spanish Administration in due time (in these cases, the unemployment benefits are neither suspended nor terminated).
2. Unemployment benefits are terminated in the event that the trip abroad eventually becomes a “change of residence», i.e. if the individual stays abroad for more than 90 days. According to the immigration legislation, surpassing this period of time abroad is considered as temporary residence (being abroad for 90 days is not considered as a stay but as a transfer, and is therefore cause for termination of the unemployment benefits).
3. Unemployment benefits are suspended in the case of travelling abroad for «job seeking or employment» or «professional development» for a period of time inferior to 12 months (it is mandatory to previously notify your trip abroad and receive authorisation by the Spanish Administration).
4. Unemployment benefits are suspended in all cases in which the beneficiary stays abroad for less than 90 days and leaves Spain in the first place due to the lack of employment of the labour market (being abroad for 90 days is a cause for suspension but not for the termination of the unemployment benefits).
To sum up, we can lay out three possible cases:
– Trips: traveling abroad for 15 days or less (unemployment benefits are neither suspended nor terminated).
– Stays: trips abroad for 90 days or less (benefits are suspended).
– Transfer of residence: trips abroad for more than 90 days (benefits are terminated).
In conclusion, to answer the question posed at the beginning of the article, it would not be correct to terminate unemployment benefits as it is clearly a case of suspension, not termination. Therefore, the SPEE cannot terminate unemployment benefits unless the beneficiary has been absent from Spain for more than 90 days (provided that all the necessary requirements are met); except for cases set forth in Article 6.3 of RD 625/1985.