Unemployment & Widow’s Benefits in Spain

Posted on Feb 24, 2025 in Law & Jurisprudence

Legal Unemployment Benefits in Spain

The unemployment benefit is one of the Social Security benefits that was introduced later in Spain compared to other Social Security systems. Many countries still do not provide this benefit or have not ratified Convention 44 of the International Labour Organization (ILO). In Spain, this benefit is expressly mentioned in Article 41 of the Spanish Constitution (EC). Unemployment protection covers “those who, being able and willing to work, lose their jobs or see a reduction in their normal working day” (According to Article 204 of the General Law of Social Security (LGSS)).

Unemployment protection is structured in two levels:

  • Contributory Level: Its purpose is to provide benefits that replace wage income lost due to previous job loss or reduction of working hours.
  • Assistance Level: This is complementary and offers protection to unemployed workers who meet any of the conditions included in Article 215 of the LGSS.

Beneficiaries of Unemployment Protection

As a rule, unemployment protection requires the loss of previous employment and, therefore, the status of a worker. According to Article 205 of the LGSS, the following individuals are protected:

  • Employed workers covered by the General Social Security Scheme (RGSS) and those assimilated to them, such as contract employees under administrative law and temporary staff, but not career civil servants or officials in training.
  • Workers in special schemes, including artists, railway workers, sales representatives, bullfighters, and, in general, all professional athletes.

The following are excluded:

  • Workers with a training contract.
  • Home-based employees.

Regarding research staff, a distinction must be made:

  • Those in training through research grants are *not* covered.
  • Trained researchers with an employment contract *are* protected by unemployment benefits.

The following are also excluded:

  • Managers of companies in the form of a capitalist society, even if they do not effectively control the company.
  • Family members of the employer.

Widow’s Pension in Spain: Dynamics

Birth of the Right

The entitlement to a widow’s pension is effective from the date of death of the deceased, provided it has been requested within three months of that date. If requested later, the entitlement takes effect from the date of application (except for a missing worker in an accident, where it starts after the accident).

Extinction of the Right

The right to a widow’s pension is extinguished upon:

  1. Remarriage or formation of a domestic partnership. However, Royal Decree (RD) 1465/2001 established the possibility of maintaining the right to a pension even after remarriage, provided that *all* of the following conditions are met:
    • The beneficiary of the survivor’s pension is over 61 years old. If younger, they must be a beneficiary of a Permanent Total Disability (IPA) pension or severe disability, or have a disability rating equal to or greater than 65%.
    • The widow’s pension received by the pensioner must be their main or only source of income (at least 75% of the beneficiary’s total annual income).
    • The marriage must have annual revenues of any nature, including the widow’s pension, not exceeding twice the Minimum Interprofessional Wage (SMI) in force at any given time.
    If the new spouse dies, creating a new right to a widow’s pension, the beneficiary must choose between the two pensions, as they are incompatible.
  2. Declaration of the beneficiary as guilty in the death of the deceased.
  3. Death of the beneficiary.

Incompatibilities

A widow’s pension is compatible with any earned income of the surviving spouse and with a retirement or disability pension.