UNEMPLOYMENT INSURANCE

Unemployment Benefits-Law Nº 25,371 for workers covered by the National Regime of the Building Industry, Law No. 22,250

GUIDE FOR THE WORKER: GENERAL CONSIDERATIONS

It is not processed in the Trade Union

Updated information at trabajo.gob.ar

The procedure for the payment of Unemployment Insurance, which provides protection to all unemployed workers covered by the National Regime of the Building Industry, can be processed in the nearest ANSES office.

Duration of this insurance is related to the time actually worked and quoted to Social Security - National Fund for Employment - in the last two (2) years prior to dismissal and it is as follows:

Months of Contributions RequiredAffidavit
08 to 113
12 to 174
18 to 24 or more8

The amount of insurance may not exceed $400 nor fall below $250 (excluding Family Allowances, which are added to the basic fee) and its amount is:

First 4 monthsIt is estimated the best net monthly payment (which received in hand) of the last twelve (12) fortnights or six (6) months prior to dismissal and 50% of that amount is what you will be receive for the first 4 months. If the result is below $250, you’ll receive $250. If it exceeds $400, you’ll receive $400.
From the 5th to 8th month85% of the amount received in the first 4 months. Payment, in any case, may be below $250.

FEATURES OF UNEMPLOYMENT INSURANCE

COVERAGE INCLUDES:

- Economic benefit for unemployment (basic fee).

- Family allowances.

- Medical assistance for the beneficiary and his/her family (without regulation).

REQUIREMENTS TO BE ELIGIBLE

To be eligible for unemployment insurance, workers must meet the following requirements:

- Become redundant. Benefit is not available in case of resignation.
- Having worked under law No. 22,250, which establishes the National System for the Building Industry. If any doubt about the existence of the employment relationship or the just cause for dismissal, go to the nearest UOCRA office or to UOCRA Capital, located at Combate de los Pozos 446
- Hold Unique Code of Labor Identification (CUIL).
- Having worked with payslip for a minimum period of continuous or discontinuous, eight (8) months in the last 2 years prior to dismissal.
- Do not collect any type of retirement, pension or allowance.
- He/she should not be in temporary employment disability or permanent employment disability, established by Prevention of Occupational Risks Act N° 24,557

Apply for the benefit in due time and manner:

The worker has the following time limits for exercising the right to this benefit:

- If you did not collect the Unemployment Fund (Contributions Book): The worker must apply for the benefit within 90 working days from dismissal or termination of the employment relationship. If the procedure is started after the deadline, the extra days will be deducted from the total of the period where appropriate.
- If you collected the Unemployment Fund (Contributions Book): In this case the worker may request for unemployment insurance after the 60 calendar days from the date of dismissal and not before. Deadline for exercising the right (90 working days) begins to run 60 days overdue.

The Unemployment Fund is a benefit that is established by law No. 22,250, and it is paid only to building workers, with funds deposited by the employer in a bank.

DOCUMENTATION REQUIRED:

Original and duplicate of the following documentation:

- Affidavit to initiate the procedure for the Unemployment Benefit
- Document proving the dismissal: Notice of dismissal or registered letter. Bankruptcy Order certified by the Court. Contract or note of dismissal with the employer signature certified by Bank, notary public, ANSES official or judicial authority.
- Argentine Identity Card DNI/ LE / LC (National Identity card, Enrollment Book, Civic Book)

Payslip:

- From the last 6 months, or if not possible, from the month of best net payment within the last six months.
- Bi-weekly: Payslips must correspond to full months. Workers who do not meet the above-mentioned payslips may instead present Certification of Services and Payment, in order to prove the best payment received during the last 6 months prior to cessation.

Certification of Services and Payment can replace the payslip to document the seniority corresponding to the last three months prior to the termination when these are not reported in the contributions spreadsheet (SIJP).

The worked months preceding the already mentioned that are not recorded in the Integrated System of Retirement and Pensions, will be only recognized upon complaint by the beneficiary before the AFIP/DGI and against presentation of the resolution which said entity recognizes these periods.

Contributions Book

IMPORTANT: In case of retention of the Contributions Book by the employer, worker shall submit proof of labour telegram or registered letter by which intimate to its delivery.

-Document proving the collection of Unemployment Fund Law 22,250 (in case it has been already paid)
- If the holder has dependents: the relevant documentation that establishes the National Regime of Family Allowances.