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SOCIAL SECURITY ADVICE: UNEMPLOYMENT COMPENSATION
 

 

Unemployment Compensation Act Number 25,371 for workers included in the National Regime of the Building Industry Act Number 22,250

GUIDE FOR THE WORKER: General remarks

 


You do not process the benefit at the Trade Union. You can process the benefit of unemployment compensation, which protects all the unemployed included in the National Regime of the Building Industry, at the closest ANSeS office [National Social Security Administration]

This insurance lasts according to the real working time and bid for the Social Security – National Fund of Employment – during the last 2 years previous to the dismissal:

 
Contributing months needed
Affidavit
From 08 to 11
3
From 12 to 17
4
From18 to 24 or more
8
 
The insurance amount cannot be over $400 or under $250 (without considering family allowances, which are added to the basic quota) and it is: 
 
The first 4 months:
It is calculated the best month net salary (the payment received) during the last twelve (12) fortnights or the last six (6) moths before the dismissal and the 50% of this amount will be received during the first 4 months. If it results under $250, you receive $250. If it is over $400, you receive $300.
From the 5th to the 8th month
The 85% of the money collected during the first 4 months. The amount of money cannot be under $250 at any case.




CHARACTERISTICS OF UNEMPLOYMENT COMPENSATION:
THE COVERAGE IS COMPOSED BY:



LA COBERTURA ESTA CONFORMADA POR:

         
>> Payment for unemployment (Basic quota)

>> Family allowances

>> Medical care assistance for the unemployed and his family (not regulated).

 

REQUIREMENTS TO MEET
 


To collect the insurance the worker must meet the following requirements:

1 > Be unemployed for having being dismissed. You don’t get the compensation if you resigned.

2 > Have been working under National Regime of the Building Industry, Act Number 22,250

       If there is any doubt about the work relation or the fairness of the dismissal, go the closest        UOCRA office or to downtown office at Combate de los Pozos 446.

3 > Have the definitive Labour identification Number [Spanish acronym CUIL]

4 > Have been working and receiving the payslip during a continuous or discontinuous        minimum of 8 (eight) months during the last 2 years previous to the dismissal

5 > Do not collect any kind of pension or pension subsidies.

6 > Not to be in labour disability neither temporal nor permanent in compliance with Labour        Risks Act 24,557

7 >Ask for the subsidy in time and duly form:

The worker has the following deadline to exercise the right to the benefit:
                      
        >> If the worker did not collect the Unemployment Fund (Contribution Book):          The worker should ask for the subsidy within the 90 working days from the          dismissal day or when the labour relations expired. If the process starts          after the deadline, the passing days will be discounted from the total period          of time the benefit is received.
                
         >>
If the worker collected the Unemployment Fund: (Contribution Book):
          The worker could ask for the Unemployment insurance 60 days after          being dismissed, but not before.
         Owing to the deadline to exercise the right (90 working days) it starts after          the mentioned 60 calendar days expired.


The Unemployment Fund is a benefit established in Act 22,250 and only collected by building workers. These funds were deposited by the employer in a bank.

 

DOCUMENTS TO BE PROVIDED
 


Original and copy of the following documents:

>> Affidavit to start the process of the Unemployment Compensation.
         
>>
Document which proves the dismissal:

>> Dismissal telegram or registered letter.

>> Adjudication order authenticated by the court.

>> Contract or dismissal note signed by the employer. The signature must be certified by the       bank, notary public, ANSeS official or judicial authority.

>> National identity document: either DNI, LC or LE

>> Payslip:

      > corresponding to the last 6 months otherwise to the best net payment of the last                    semester.


      > fortnight workers: The corresponding payslips must belong to whole months.
          Workers who don’t have the mentioned payslips will bring the Attestation of Services and          Payments instead, in order to prove the best payment during the last 6 months before the          dismissal.
           
         The Attestation of Services and Payments can replace the payslip to prove the years of          employment corresponding to the last 3 months previous to the dismissal when they are          not registered in the contribution sheet. [Integrated system of Retirement and Pensions –          Spanish acronym SIJP]

         The months worked before the above mentioned which are not filed in the SIJPonly will be          acknowledged by means of notice to AFIP/DGI reported by the beneficiaries and resolution          acknowledging the said periods.



>>Contribution book.

         IMPORTANT: If the Contribution Book has been withheld by the employer, the worker will          have to enclose labour telegram’s proof or registered letter by means of which the Book          is demanded.

>> Documents that prove the collection of the Unemployment Compensation pursuant Act        22,250 (in case of having been collected)

>> If the holder has charges of family: documents required by the National Family Allowances       Regime.

 

WORKER´S DUTIES

Every worker who collects the building worker’s Unemployment Insurance must:

>> Provide the authority the required documents, and inform changes of domicile or residence.

>>Accept the appropriate jobs offered by the Ministry of Labour and Human Resource      Development through Red Nacional de Servicios de Empleos – National Net of Employment      Services - and UOCRA employment agency and attend the training activities they could be      called for.

>>Accept the control established by the authority in force.

>>Attend the Training courses they are called for.

>>Ask for the interruption of the benefit, within the five (5) working days of having been      incorporated to a new job, at any ANSeS office

     IMPORTANT: You should ask for the interruption of the benefit in written form stating the      incorporation date, surname and name, national identity number (DNI) and signature. You      can process personally or through any relative or send a telegram or registered letter to      ANSeS, in this way you will avoid being sanctioned.