Decree-Law no. 95/2020, of November 4, in force since November 5, determines the reduction of the guarantee periods for access to unemployment benefits and to the subsidy for cessation of activity, and provides for the suspension of the exclusivity regime in the legal system of social protection in case of unemployment for employees.
The formula for calculating the reference pay is used to determine the daily amount to be received in the event of termination of activity during a state of emergency or public calamity, by workers entitled to unemployment benefit, workers with economically dependent self-employment and entitled to severance pay, and workers with professional activity and entitled to severance pay.
According to the approved law, workers with 180 and 360 days of employment, with the corresponding proof of remuneration, in a 24-month period immediately prior to the date of unemployment, and who were unemployed during the state of emergency and public calamity situation, are entitled to unemployment benefits.
From May 27, 2020, for workers entitled to unemployment benefit, the daily amount of unemployment benefit will be equal to the net baseline remuneration calculated on the basis of the baseline remuneration defined by R/(30 × n), where R represents the total remuneration reported from the beginning of the reference period until the day before unemployment and n is the number of months.
For workers entitled to severance pay, 180 days of economically dependent self-employment in a 24-month period, the daily amount of severance pay is equal to the net baseline remuneration calculated on the basis of the baseline remuneration defined by R/(30 × n), where R represents the total remuneration reported from the start of the reference period until the day before unemployment and n the number of months.
For workers entitled to severance pay, 360 days of employment in a 48-month period, the daily amount of the severance pay is equal to the net baseline remuneration on the basis of the baseline remuneration defined by R/(30 × n), where R represents the total remuneration reported from the start of the reference period until the day before unemployment and n the number of months.
The temporary suspension of the exclusivity regime, when the flat-rate unemployment benefits regime is applied, will come into effect on April 1 of this year.
03/03/2022