How does one obtain provisional unemployment benefits after a dismissal for gross misconduct?

No unemployment compensation is due:

• in the event of unjustified abandonment of the last position, unless the abandonment is due to exceptional, valid and convincing reasons;
• in the event of dismissal for grave misconduct.

In the event of dismissal for grave misconduct or resignation due to sexual harassment, job seekers may petition the Chief Judge of the competent Labour Tribunal to provisionally award full unemployment benefits pending the final judicial decision on the legality or validity of a dismissal or resignation.

The Chief Judge of the Labour Tribunal shall issue an order which may be appealed within 40 days of its notification to the presiding magistrate of the Court of Appeal.

A person must be registered as a job seeker and have previously brought the dispute concerning his dismissal or resignation before the competent Labour Tribunal.

The Chief Judge of the Labour Tribunal shall determine the period for which a provisional award of unemployment benefits shall be authorized, up to a maximum of one hundred and eighty-two calendar days.

The unemployed person may apply for an extension of provisional unemployment benefits, but the total duration of the authorisation may not exceed 365 calendar days.

A judgment or ruling declaring the dismissal of an employee to be unfair or the resignation for sexual harassment to be justified shall order the employer to reimburse to the Employment Fund for the unemployment benefits paid by the Fund to the employee for the period or periods covered by the wages or benefits that the employer is required to pay pursuant to the judgment or ruling.

The same shall apply to a judgment or ruling ordering an employer to pay wages or compensation should the employer fail to comply with the period of notice or in case of early termination of a fixed-term contract.

The amount of unemployment benefits that the employer is ordered to repay to the Employment Fund is deducted from the wages or compensation that an employer is ordered to pay to the employee pursuant to the judgment or ruling.

ATTENTION: A judgment or ruling stating that the dismissal of an employee was justified or that the resignation of the employee due to an act of sexual harassment was unsubstantiated shall cause the employee concerned to reimburse all or part of the unemployment benefits paid to him or her in advance to the Employment Fund, if necessary in instalments.

The employee may request a partial remission or a staggering of the reimbursement to the State of unemployment benefits received in advance. However, such a reimbursement facility must be expressly requested by the employee and the judge cannot substitute himself for the employee in deciding ex officio on a reduction of the amount to be reimbursed.

How does one get provisional unemployment benefits after justifiably resigning due to sexual harassment?

No unemployment compensation is due:

• in the event of unjustified abandonment of an employee’s latest job, unless the abandonment is due to exceptional, valid and convincing reasons;
• in the event of dismissal for grave misconduct.

In the event of dismissal for grave misconduct or resignation due to sexual harassment, job seekers may petition the Chief Judge of the competent Labour Tribunal to provisionally award full unemployment benefits pending the final judicial decision on the legality or validity of a dismissal or resignation.

The Chief Judge of the Labour Tribunal shall issue an order which may be appealed within 40 days of its notification to the presiding magistrate of the Court of Appeal.

A person must be registered as a job seeker and have previously brought the dispute concerning his dismissal or resignation before the competent Labour Tribunal.

The Chief Judge of the Labour Tribunal shall determine the period of time for which a provisional award of unemployment benefits shall be authorized, up to a maximum of one hundred and eighty-two calendar days.

The unemployed person may apply for an extension of provisional unemployment benefits, but the total duration of the authorisation may not exceed 365 calendar days.

A judgment or ruling declaring the dismissal of an employee to be unfair or the resignation for sexual harassment to be justified shall order the employer to reimburse to the Employment Fund for the unemployment benefits paid by the Fund to the employee for the period or periods covered by the wages or benefits that the employer is required to pay pursuant to the judgment or ruling.

The same shall apply to a judgment or ruling ordering an employer to pay wages or compensation should the employer fail to comply with the period of notice or in case of early termination of a fixed-term contract.

The amount of unemployment benefits that the employer is ordered to repay to the Employment Fund is deducted from the wages or compensation that an employer is ordered to pay to the employee pursuant to the judgment or ruling.

ATTENTION: A judgment or ruling stating that the dismissal of an employee was justified or that the resignation of the employee due to an act of sexual harassment was unsubstantiated shall cause the employee concerned to reimburse all or part of the unemployment benefits paid to him or her in advance to the Employment Fund, if necessary in instalments.

The employee may request a partial remission or a staggering of the reimbursement to the State of unemployment benefits received in advance. However, such a reimbursement facility must be expressly requested by the employee and the judge cannot substitute himself for the employee in deciding ex officio on a reduction of the amount to be reimbursed.