Legal nature of the jobseekers’ allowance (rai): new opportunity for clarification in relation to access to the special subsidy for early retirement
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How to Cite

Moreno, Josep Gené. “Legal nature of the jobseekers’ allowance (rai): new opportunity for clarification in relation to access to the special subsidy for early retirement: About the judgement of the Supreme Court (STS) of 23 october 2019”. IUSLabor. Revista d’anàlisi de Dret del Treball, 2020, no. 2, pp. 101-30, doi:10.31009/IUSLabor.2020.i02.05.


Abstract

The Judgement of the Supreme Court of 23 October 2019 decisively contributes to clarifying the legal nature that should be attributed to the jobseekers’ allowance and, in particular, whether the same can be assimilated to the unemployment subsidy. The analysis of this matter is not, however, directly tackled in this court decision, but rather as a necessary premise when it comes to solving the true issue at stake to which this judgement refers, which is none other than that of determining whether expiry of the jobseekers’ allowance can meet the requirement of a -contributory or welfare- unemployment benefit having expired, demanded at the appropriate time to be able to access the special subsidy for early retirement.

Keywords

  • jobseekers’ allowance
  • Unemployment subsidy
  • Social Security
  • Promotion of employment
  • Royal Decree-Law 8/2019
https://doi.org/10.31009/IUSLabor.2020.i02.05
PDF (Castellano)