You are entitled to contributory unemployment benefit, the classic paro, if you meet three things at the same time: you have contributed enough, you have lost your job against your will and you have registered as a job seeker. If one is missing, the answer changes. This page lets you check in a couple of minutes and tells you what to do if the answer is no.
The five requirements, one by one
Article 266 of the General Social Security Act (Ley General de la Seguridad Social) lists the requirements. In practice they are:
- Be in the legal situation of unemployment (situación legal de desempleo). You stopped working because you were dismissed, because your contract ended or because a cause outside your control broke it. The cases are below.
- Have contributed at least 360 days to unemployment in the previous six years. Days you already used to receive another benefit do not count.
- Be registered with Social Security, or in an equivalent situation, when you become unemployed, in a scheme that covers the benefit (in practice, the general scheme or the domestic workers’ scheme).
- Register as a job seeker (demandante de empleo) and sign the activity commitment.
- Not have reached retirement age with a right to a pension. Receiving the benefit while working is covered in the article on working while claiming paro.
Length, amount and calculation come afterwards, once the right is recognised. For that, see the contribution-day table.
Which cases are a legal situation of unemployment
| What happened | Is there paro? | What to check |
|---|---|---|
| Unfair, objective or disciplinary dismissal | Yes | No need to challenge first. Deadline: 15 working days. |
| Collective dismissal (ERE) | Yes | Same as individual dismissal. |
| End of a temporary contract | Yes | That it was not converted into a permanent one. |
| Employer ends your trial period | Normally yes | See whether you left your previous job less than three months ago. |
| Resignation | Generally no | The law lists specific exceptions. |
| End of a fijo discontinuo call-up | Depends | It has its own article. |
| Suspension under an ERTE | Yes, with its own rules | The employer files it; the SEPE recognises the benefit. |
| Voluntary leave of absence | No | A leave of absence is not a loss of employment. |
A disciplinary dismissal, which raises the most doubts, does give access to paro: neither the dismissal letter nor the employer saying you committed misconduct removes it. See disciplinary dismissal and paro. And the trial period, with its condition about your previous job, is in what happens if you are dismissed in a trial period.
The cases where there is no paro
- Resigning. It is the general rule, with exceptions. It is covered in unemployment benefit after resigning.
- Fewer than 360 days contributed. There is no contributory benefit, though there may be a subsidy.
- Having already used those days. If you received a paro with certain days, those days cannot be used to claim another.
- Working for yourself, which under article 282.1 is incompatible with paro even when it does not require Social Security registration, or having income incompatible with the benefit.
- Retirement age with pension entitlement.
- Not registering as a job seeker or not signing the activity commitment.
- Applying late and letting everything go. Applying late does not remove the right but it does cost days. See the 15-day deadline.
How to check your contribution days
The source is your vida laboral report, which anyone can request for free. It shows your days registered in recent years. Count the days of the six years before your last day of work; those before the window do not count.
An example. Lucía worked 14 months in a restaurant, spent 4 months without contributing and then worked 9 months in a shop, where her contract ends.
- Contribution days: about 425 plus 270 = 695 days.
- It is above 360, so she is entitled to paro.
- The 695 days fall in the 540 to 719 band, which gives 180 days of benefit, six months.
If Lucía had contributed 340 days, she would have no contributory benefit. Checking the vida laboral before going to the SEPE avoids surprises. The guide is in how to request and read your vida laboral.
Cases that raise more doubts
Fijo discontinuo contract. Between call-ups, unemployment can give access to paro, with its own rules. See the fijo discontinuo contract in Spain.
Leave of absence. When the leave ends and the company does not take you back, or when the reserved position ends, the situation changes. Ask the SEPE with your specific case.
Work abroad. Periods contributed in other European Union countries can be added to Spanish ones to reach the 360 days, even if they do not appear in your Spanish vida laboral. They are proved with certificates from the country where you worked.
A dismissal later declared void or unfair. The paro received is deducted from back pay, and the SEPE makes the calculation. It is not a reason not to apply.
Domestic work. Since late 2022, domestic workers contribute to unemployment and can be entitled to benefit. Check your vida laboral and contributions.
If you are considering self-employment, check the rules for capitalizar el paro before starting the activity.
Sick leave when the contract ends. If the contract ends while you are on sick leave, you keep receiving sick pay and the paro starts when that situation ends. You do not lose the right, but the time spent on sick leave after the contract ended is deducted from the length of the paro as already used (art. 283). It is worth telling the SEPE.
And if I am not entitled to paro
There are three exits worth reviewing:
- Unemployment subsidy. For those who do not reach 360 days, or have exhausted their paro. It has income and family-situation requirements. The SEPE assesses your case when you apply.
- Check the count. Sometimes the SEPE counts fewer days than you have because a registration is missing from your vida laboral. If you spot a gap, ask for it to be corrected.
- A new application later. If the contract you just finished is short, your next job may add the days you are missing.
What to do today
- Request your vida laboral and add up the days of the last six years.
- See whether the way you left your job is in the table above.
- If it fits, book an appointment or file the application within the deadline. The steps are in how to apply for unemployment in Spain.
- If it does not fit, ask the SEPE about the subsidy before giving up on the help.
This page is informational and does not replace professional advice. The SEPE is the body that recognises the right in your specific case.