Labor lawyer Miguel Benito explained in a TikTok video that workers can legally self-dismiss and collect unemployment benefits if their employer commits serious breaches. He noted that while this legal right is becoming more widely known, many people still do not understand how it works.
The possibility of leaving a job without forfeiting unemployment payments or giving up severance pay is subject to specific legal conditions. Benito emphasized that the core requirement is a serious breach by the company, rather than a single isolated disagreement or general workplace discomfort.
Causes for worker self-dismissal
Benito listed several scenarios justifying self-dismissal, stating that despite their severity, such situations are not uncommon in practice. The first examples he highlighted were unpaid wages over several months or habitual delays in salary payments.
He also pointed to irregularities regarding Social Security contributions. These include a complete lack of employee contributions or registering partial contributions while the worker is actually employed full time.
Other grounds require evidence or comparative proof, such as demonstrating an excessive workload compared to colleagues in the company or industry. The lawyer also cited workplace harassment originating from the employer, a supervisor, or a coworker, as well as failures to follow occupational risk prevention regulations that place the worker or third parties in danger.
Contract modifications and severance payout
Benito separately addressed modifications to the basic terms of an employment contract. These modifications include changes to work schedules, salary, working hours, or job duties previously performed by the employee.
In cases involving basic contract modifications, self-dismissal remains a viable legal option for the employee. However, Benito clarified that the resulting severance compensation is lower than the amount provided for the most serious employer breaches.
