UNEMPLOYMENT
Notion, objective and protection
(Convergent Social Protection Scheme/Social Security General Scheme)

» Objective and materialization of social protection in unemployment

Unemployment is every situation resulting from total and involuntary inexistence of employment of the beneficiary with capacity and availability for work

The protection is aimed at compensating the beneficiaries of the lack of compensation and promoting the employment situation. It is materialized through unemployment benefits - the unemployment allowance and initial unemployment social allowance or subsequent to the unemployment allowance – and of active measures with a view to new employment opportunities

» Situations that are deemed involuntary unemployment

» Employer’s initiative, provided that the ground invoked shall not constitute just cause for dismissal due to a fact imputable to the public employee or, being it, the public employee adduces evidence of taking legal action against the employer

» contract’s expiry not determined for granting a pension

» termination with just cause at the employer’s initiative, provided that the reason for just cause shall not be contradicted by the employer’s entity or, being it, the public employee adduces evidence of taking legal action against this entity

» mutual agreement concluded with companies, which are under determined situations - under a procedure of staff reduction, for restructuring reason, feasibility or company’s recovery, for difficult economic situation or for other reasons that enable the recourse to collective dismissal

» public employee retired for invalidity and, subsequently, declared fit for work under an incapacity revision examination (not applicable in the CSPS while is not completed the convergence in the invalidity)

It shall not be deemed involuntary unemployment:

» when the public employee refuses, in an unjustified manner, continuation in the service at the contract’s term, if that continuation has been proposed to him/her or result from the non-compliance, by the employer entity, with the expiry’s prior notice time limit

» In situations in which the renewal’s contract shall depend upon request, under the terms of the law, and the public employee shall not request it

Characterization of the unemployment in relation to the military on a voluntary or contract basis shall be in accordance with the scheme provided for by law