Court Decision on Unreported Absence
The judiciary has ruled in favor of the State Public Employment Service (SEPE), despite the worker's claim that he traveled to attend a family member's funeral. The Superior Court of Justice (TSJ) of Catalonia has supported SEPE's decision to terminate the unemployment benefits of an individual who left Spain and traveled to Morocco without prior notification. According to ruling STSJ CAT 2024/2026, the unemployed individual remained outside the country for over five months and is now required to repay an amount of 8,373.18 euros, which was improperly received during that period.
The affected worker had been receiving contributory unemployment benefits (commonly referred to as 'el paro') since August 2022, for a duration of 480 days. However, he departed Spain in March 2023 and did not return until August of the same year, failing to inform SEPE as mandated by regulations.
He later justified his absence by asserting that he had traveled for the burial of a close relative, providing a death certificate that confirmed the passing in February 2023 in Oulad Said, Morocco. However, the court deemed this explanation insufficient, noting that the death occurred weeks before his departure, and the extended stay abroad lasted over five months, which “deprives this absence of any legal justification,” as stated in the legal text.
SEPE became aware that the absence had not been reported and decided in March 2024 to terminate the benefits. Furthermore, the worker is required to repay the amounts received between March 6 and December 3, 2023. Although the decision was contested by the worker, both the court of first instance and the TSJC upheld it as valid.
Legal Implications of Extended Absences
The court reminded that following the legal reform of 2013, the failure to notify prior to an absence abroad exceeding 15 days results in the loss of the right to receive benefits, even in cases where the trip may be justified by family or personal reasons. In this instance, the duration of the trip (over 150 days) exceeds the limits that would allow for a mere temporary suspension of aid. The court dismissed the claimant's arguments regarding proportionality or unequal treatment, asserting that they lacked sufficient basis.
Thus, the TSJC rejected the appeal and fully confirmed the administrative resolution, resulting in the permanent loss of unemployment benefits and the obligation to reimburse the amounts received. This ruling is not final and may be appealed to the Supreme Court (TS).
As reported by noticiastrabajo.huffingtonpost.es.
