# Social security after contract expiry



## Deilasoul (Sep 2, 2015)

Hi.

I have a 9 month academic school year contract that expires in late June.

I am wondering if I am entitled to social security from the government as I've paid taxes for this entire period.

I am concerned that I won't be allowed to claim this (we call it "jobseekers" in the UK) as this is my first year living in Spain and something tells me 9 months is not enough.

Can anyone shed any light?

Gracias, todos.


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## xicoalc (Apr 20, 2010)

Hi

As far as I understand, to get Paro (unemployment benefit) you need to have worked for 365 days (continually or apart). This is a common problem amongst people on temporary or fijo discontinual contracts that after they stop they get no paro. 

I don't know all the ins and outs as I have never had to claim but I am sure others will shed some light. Whilst there may be some emergency money available under some circumstances the general rule of thumb I believe is that no, after being in spain 9 months and working for that period you won't be entitled to anything.


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## Deilasoul (Sep 2, 2015)

Thanks for that. 

The Fijo, isn't that a lump sum from my employer at the end of the contract?

I'm sure I heard this. 

That would soften the blow of the non funding while job searching.


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## Pesky Wesky (May 10, 2009)

Deilasoul said:


> Thanks for that.
> 
> The Fijo, isn't that a lump sum from my employer at the end of the contract?
> 
> ...


That's the finiquito
Fijo means that you have a permanent contract


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## Deilasoul (Sep 2, 2015)

Thank you.

Would I be entitled to anything off my current employer at the end of my contract in Spain that is mandatory?


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## Pesky Wesky (May 10, 2009)

Deilasoul said:


> Thank you.
> 
> Would I be entitled to anything off my current employer at the end of my contract in Spain that is mandatory?


I think so.
Here's a link that gives you some basic info about unemployment benefit, which you are not entitled to I think. However, you are always best to go to the horses mouth for this info, in this case your local SEPE office
https://en.wikipedia.org/wiki/Unemployment_benefits_in_Spain


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## xicoalc (Apr 20, 2010)

Deilasoul said:


> Thank you.
> 
> Would I be entitled to anything off my current employer at the end of my contract in Spain that is mandatory?


No, If you take a job that is for 9 months and you sign a 9 month contract you cannot get redundancy money from your employer at the end of the 9 months. If you have a permanent contract it's different. I, for example have a permanent contract full time which I have had for some time. If my employer suddenly does not need me I am entitled to some severance pay but if you accept 9 month contract you cannot expect redundancy at the end of that contract.

What type of contract do you have exactly? If you can shed some light on your contracted conditions that may help?


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## BMC77 (Aug 15, 2009)

xicoalc said:


> No, If you take a job that is for 9 months and you sign a 9 month contract you cannot get redundancy money from your employer at the end of the 9 months.


Employees on temporary contracts are entitled to the _finiquito_ or 'end-of-contract' pay, which is not the same thing as redundancy pay. It basically covers untaken holiday. How much you're entitled to depends on your contract. Consequently, over the past three years, my _finiquitos_ have ranged from around €350 to over €700.


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## Deilasoul (Sep 2, 2015)

xicoalc said:


> No, If you take a job that is for 9 months and you sign a 9 month contract you cannot get redundancy money from your employer at the end of the 9 months. If you have a permanent contract it's different. I, for example have a permanent contract full time which I have had for some time. If my employer suddenly does not need me I am entitled to some severance pay but if you accept 9 month contract you cannot expect redundancy at the end of that contract.
> 
> What type of contract do you have exactly? If you can shed some light on your contracted conditions that may help?


You're very helpful, thanks.

I will find out the contract info shortly.

Going to speak to my boss direct about this as she's super friendly.


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## Deilasoul (Sep 2, 2015)

My boss told me it's a temporary 9 month contract.

She said she doesn't think I am entitled to anything at all; finiquito included, but I am sure that's an actual legal requirement, is it not?

I was told by other prospective employers that the finiquito _must_ be and will be (by them if I was their employee) paid upon the end of contract. They actually told me this as a selling point of their honesty and that across Spain this money is paid by law.


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## BMC77 (Aug 15, 2009)

Deilasoul said:


> My boss told me it's a temporary 9 month contract.
> 
> She said she doesn't think I am entitled to anything at all; finiquito included, but I am sure that's an actual legal requirement, is it not?


Sounds like a dodgy place to work if she doesn't know (or claims not to know) the law!  FWIW, she is legally obliged to pay the _finiquito_, and if she fails to do so, you can take legal action against her. That said, it's probably not worth the hassle. Chalk it up to experience, and look for a better employer.


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## Deilasoul (Sep 2, 2015)

BMC77 said:


> Sounds like a dodgy place to work if she doesn't know (or claims not to know) the law!  FWIW, she is legally obliged to pay the _finiquito_, and if she fails to do so, you can take legal action against her. That said, it's probably not worth the hassle. Chalk it up to experience, and look for a better employer.


Thanks.

But I do 100% trust her; she has just got the ability to be totally disorganised and does pass all financial things off to an accountants person.

It sounds like I will get it then if it is legal.


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## Deilasoul (Sep 2, 2015)

My boss has said there is no finiquito as I got paid for Xmas and Semana Santa (3 weeks).

Is this correct?


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## BMC77 (Aug 15, 2009)

No. Just as in the UK, you accrue something like 1.66 days' holiday per month worked, and you receive payment by way of the _finiquito_ for any days "not enjoyed" (taken). 

It is fairly clear from your previous posts that your employer has no intention of paying you this money. Sadly, it's not uncommon in Spain for employers to cheat unsuspecting foreigners. You could take it further, of course, but for the sums involved, I don't think it's worth it. Chalk it up to experience and choose your next employer more carefully.


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## Deilasoul (Sep 2, 2015)

BMC77 said:


> No. Just as in the UK, you accrue something like 1.66 days' holiday per month worked, and you receive payment by way of the _finiquito_ for any days "not enjoyed" (taken).
> 
> It is fairly clear from your previous posts that your employer has no intention of paying you this money. Sadly, it's not uncommon in Spain for employers to cheat unsuspecting foreigners. You could take it further, of course, but for the sums involved, I don't think it's worth it. Chalk it up to experience and choose your next employer more carefully.


But I was paid for 3 weeks off at Xmas/Semana Santa. Isn't that the accrued?

My boss is English FWIW.

Do you have a link to something I can show my boss that I am entitled to it?

If i am being honest, I would probably fight for it as I have other offers of employment elsewhere anyway.


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## Pesky Wesky (May 10, 2009)

Deilasoul said:


> But I was paid for 3 weeks off at Xmas/Semana Santa. Isn't that the accrued?
> 
> My boss is English FWIW.
> 
> ...


Look here. Do a "find finiquito" and it will come up 3 times. Not sure exactly what it says and I have to leave now!
Ministerio de Empleo y Seguridad Social: Guía Laboral - Suspensión y extinción del contrato de trabajo

However, as always, it's best to go to the horse's mouth - your local SEPE office. Ask them what you need to do and get the information links from them.


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## Deilasoul (Sep 2, 2015)

Pesky Wesky said:


> Look here. Do a "find finiquito" and it will come up 3 times. Not sure exactly what it says and I have to leave now!
> Ministerio de Empleo y Seguridad Social: Guía Laboral - Suspensión y extinción del contrato de trabajo
> 
> However, as always, it's best to go to the horse's mouth - your local SEPE office. Ask them what you need to do and get the information links from them.


I tried to find finiquito and there are multiple pages.

I'll keep checking. Thanks.


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## Deilasoul (Sep 2, 2015)

I definitely do have a contrato trabajo temporal.


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## xabiaxica (Jun 23, 2009)

Deilasoul said:


> I definitely do have a contrato trabajo temporal.


You really do need to go to your local SEPE office, as PeskyWesky suggested. 

They will look at your contract etc. & tell you exactly what you are entitled to.

If you don't feel confident with Spanish, take someone with you who is, just in case no-one there speaks English - though in areas where there are lots of foreigners you'll usually find someone who speaks enough for you to manage between you.


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## kalohi (May 6, 2012)

I work for a language school, and a lot of the conditions of my contract state, _según convenio_. If your contract says that, your school is required to have a copy of the _convenio_ there and available to you. Ask for it and see what it says about holiday pay.

FYI, I get paid during my time off at Christmas and Easter, but I also get a finiquito when my contract ends each year at the end of June.


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