In Spain, resigning at your own initiative traditionally means losing the right to severance pay and unemployment benefits. However, there are situations where an employee can leave a company not only receiving all due payments, but also retaining the right to paro. As noted by Talent24h, such opportunities arise if the employer unilaterally changes key working conditions.
Usually, voluntary resignation means leaving without severance and without entitlement to benefits. But if a company makes significant changes to the work schedule, salary, or job responsibilities, the employee has legal grounds to terminate the employment contract with compensation and keep the right to paro. These cases are explained in detail by lawyer Juanma Lorente, whose clarifications have generated considerable interest among workers.
Changes in working conditions
Among the most significant changes that can serve as grounds for such resignation, three situations stand out: changes to the work schedule, salary adjustments, and changes in job responsibilities. For example, if an employee is moved from a morning to an evening shift, loses part of their bonuses, or is assigned tasks that do not correspond to their job title, this may be considered a substantial change in working conditions.
The key point is that the initiative must come from the employer. This is not about a voluntary resignation, but rather a response to unilateral actions by the company that affect previously agreed-upon conditions. In such cases, the employee is entitled to compensation of 20 days’ salary for each year worked, as well as the ability to apply for unemployment benefits.
Procedure
Juanma Lorente emphasizes that it is necessary to act quickly. As soon as the employee receives official notification of a shift change, salary reduction, or job function modification, it is important to immediately seek legal advice and notify the employer of the intention to terminate the contract on these grounds. This will help avoid losing rights and ensure all due payments are received.
According to Lorente, companies usually do not object to such a procedure for dismissal, since changes in working conditions are formalized officially. For employees who have long considered leaving but did not want to lose their compensation or the right to paro, these situations present a real opportunity to leave their job without financial loss.
Practical recommendations
The lawyer’s clarifications provide a clear step-by-step plan for the three main situations:
- If your work schedule is changed—consult a specialist and officially notify the employer of your intention to resign.
- If your salary is changed—act similarly.
- If your job functions are changed—also seek advice and declare your intention to terminate the contract.
In each of these cases, the employee retains the right to compensation and unemployment benefits, provided all formal requirements are met. This is especially important for those who do not want to leave “empty-handed” and rely on financial support during their job search.
Significance for Employees
Thus, if a company changes key working conditions without the employee’s consent, the employee has the right to legally resign, receive compensation, and retain the right to paro. For many, this is a way out of a difficult situation when resigning voluntarily is unprofitable, but staying is impossible. It is important to remember the need to respond to the employer’s notifications in a timely manner and to follow all legal procedures.
