Resignation and unemployment benefit
Updated: October 2026Sources: Estatuto de los Trabajadores (BOE) · CGPJ guide v0.6 · Ley General de la Seguridad Social (BOE) · SEPE amountsWho is behind this
The rule: leaving by your own decision does not give unemployment benefit
To receive unemployment benefit (paro), the contract has to end in a legal situation of unemployment. Leaving your job voluntarily is not one (art. 267.2.a LGSS), so a resignation (baja voluntaria), as a general rule, does not give unemployment benefit, even if you have the days of contributions.
Art. 267.2.a LGSS
When leaving does give unemployment benefit
The law treats leaving by your own decision as a legal situation of unemployment in these cases (art. 267.1.a.5.º LGSS):
- A relocation to another workplace that requires you to move home (art. 40 ET).
- A substantial change to your conditions that harms you (art. 41.3 ET).
- A serious breach by the employer, such as not paying you or paying you late again and again (art. 50 ET). This departure is usually declared by a court.
- Gender-based violence or sexual violence (art. 49.1.m ET).
Art. 267.1.a.5.º LGSS
If you then start another job
What counts is how your last contract ends. If the new job ends with a dismissal or with the end of a fixed-term contract, that ending is a legal situation of unemployment (art. 267.1.a LGSS).
The law sets out one case separately: if the new employer ends the contract during the trial period, that is a legal situation of unemployment only if three months have passed since your resignation (art. 267.1.a.7.º LGSS).
Art. 267.1.a LGSS
Example: the same contract, two endings
A person earning 1.500 € gross a month with two extra payments of 1.500 € works from 1 September 2023 to 31 August 2026, with no dependent children.
If they resign The calculator answers that it gives no entitlement to unemployment benefit (art. 267.2.a LGSS). They still have a final settlement: outstanding pay, holiday and extra payments.
If they are dismissed With 1.096 days of contributions, they are entitled to at least 360 days of unemployment benefit, about 1.225 € a month for the first 6 months and about 1.050 € after that, gross.
The calculator on this page comes with resignation selected. If your case is different, change the reason on the first sheet. More on the final settlement in Final settlement after resignation.
Frequently asked questions
Am I entitled to unemployment benefit if I leave the company?
As a general rule, no: leaving voluntarily is not a legal situation of unemployment (art. 267.2.a LGSS). The exceptions are leaving because of a relocation, because of a substantial change to your conditions that harms you (art. 41.3 ET), because of a serious breach by the employer or because of gender-based or sexual violence (art. 267.1.a.5.º LGSS).
What if I start another job after resigning?
What matters is how that new contract ends: if it ends through dismissal or the end of a fixed-term contract, it is a legal situation of unemployment (art. 267.1.a LGSS). If the new employer ends it during the trial period, it only counts if three months have passed since your resignation (art. 267.1.a.7.º LGSS).
Can I leave because of non-payment and receive unemployment benefit?
The law provides for it when the employer is in serious breach, such as not paying you or paying you late again and again (art. 50 ET and art. 267.1.a.5.º LGSS). That departure is usually declared by a court.
Is there a final settlement when you resign?
Yes. Even if there is no unemployment benefit or severance pay, what is due to you is the outstanding pay, untaken holiday and the accrued part of the extra payments (art. 49.2 ET).