Unemployment benefit (paro) denied in Spain: appeal the SEPE decision
A SEPE refusal is a written official decision (resolución) stating the exact reason. You have 30 days from notification to file a pre-claim appeal (reclamación previa). The deadline is strict — courts will not accept a claim if this step was missed.
Quick answer
- 30-day deadline from the notification date (fecha de notificación) — not from the document date.
- If SEPE does not reply within 45 days: silencio negativo. Then 30 working days to sue in Juzgado de lo Social.
- File at the same employment office (oficina de empleo) or through sede.sepe.gob.es.
- Key rule: your reclamación must specificălly challenge the stated reason — not just disagree in general.
Describe the benefit situation
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NAVI will analyse your official decision (resolución) SEPE, set the pre-claim appeal (reclamación previa) deadline and prepare a concrete response plan.
Start the appealFive reasons SEPE refuses unemployment benefit (paro) — and what to do about each
- Not enough contributions: you need ≥360 days in the last 6 years — check your work history report (vida laboral).
- Voluntary resignation: unemployment benefit (paro) is not available, except for legal exceptions — workplace harassment (acoso laboral), gender-based violence (violencia de género), relocation for a partner’s job.
- Late application: filed after 15 working days — unemployment benefit (paro) starts from application date, not from job end.
- Wrong termination reason (causa de extinción) on employer certificate (certificado de empresa): ask your employer for a corrected one.
- Previous unemployment benefit (paro) breach: undeclared income or work during previous unemployment benefit (paro) — SEPE demands repayment and refuses again.
What to do first
- Find the official decision (resolución) SEPE — the official document with the stated reason. Without it, you cannot write the reclamación.
- Establish the notification date — the 30-day clock starts from when you received it, not when it was written.
- Read the stated reason carefully: SEPE always cites a specific clause — that is what you must challenge.
- Gather evidence against that specific reason: work history report (vida laboral), corrected employer certificate (certificado de empresa), dismissal documents.
Documents and evidence
- DNI/NIE/TIE or passport.
- SEPE/INSS decision, application receipt or expediente number.
- Work history report (vida laboral), contribution days, income documents and bank details.
Deadlines and risk
- The 30-day deadline is strict. Courts will not accept a claim if pre-claim appeal (reclamación previa) was not filed in time.
- A reclamación that does not address the specific cited reason: SEPE will reply formally but the refusal stands.
- Employer error on employer certificate (certificado de empresa): without the corrected document SEPE will not change the decision.
- After silencio negativo (45 days): 30 working days to sue. That deadline also does not wait.
- Verbal assurances from a SEPE employee mean nothing — everything must be in writing with a date and stamp.
The 30-day deadline is already running?
If you have the official decision (resolución), every day counts. NAVI will identify how much time is left and your next step right now.
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Information only, not legal advice. Public authorities, courts, banks and companies make their own decisions.
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