Changing jobs is a common decision, but it can sometimes carry unforeseen financial risks. One of the most significant, yet least understood, regulations for workers is the '90-day rule' from the Public Employment Service (SEPE). This legal guideline can leave individuals without unemployment benefits or subsidies if they leave their new employment prematurely.

Generally, when an employee voluntarily resigns to pursue a new professional opportunity, they forfeit their right to unemployment benefits, as the public system requires the job loss to be involuntary. The issue arises if the employment relationship breaks down within the first few weeks at the new workplace.

Spanish legislation, specifically the General Law of Social Security, establishes a mechanism to prevent fraud. This involves requiring the worker to have a minimum period of employment before reapplying for unemployment protection.

If the company terminates your employment during the probationary period, before you complete three months (90 days) in the role, the SEPE will deny your unemployment benefits. The law considers that the previous voluntary resignation has not been 'cleansed,' thus suspending the right to benefits until a new employment is consolidated.

However, the situation changes drastically if the company formally dismisses you—either for objective or disciplinary reasons—before those three months. In this specific scenario, the SEPE immediately recognizes the legal state of unemployment and allows the collection of accumulated benefits, provided general contribution requirements are met.

Naturally, if the employee themselves decides to leave the new position voluntarily during the probationary period, it is counted again as a voluntary resignation, maintaining the inability to access public unemployment benefits.