A Bill Proposes That Entrepreneurs Have The Right To Receive Unemployment Insurance. See Who Will Be Eligible If Approved.
A bill has been presented in the Chamber of Deputies that aims to grant the right to unemployment insurance to workers dismissed without just cause who are micro-entrepreneurs.
This rule, which would apply as long as the professional has not earned profit or any income in the previous 24 months, also extends to participants in a business partnership, which is one where the worker professionally engages in organized economic activity for the production or circulation of goods or services.
In the text currently under review, if approved, it will be inserted into the Unemployment Insurance Law, which provides temporary assistance to those dismissed without just cause or rescued from forced labor or similar conditions to slavery.
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In the justification of the bill, Deputy Jonas Donizette (PSB) recalled that, in a recent decision, the Regional Federal Court of the 1st Region recognized the right of a worker who is a company partner to unemployment insurance.
“This worker was dismissed without just cause and did not have sufficient income to support his family. The TRF-1 concluded that being a company partner did not prevent him from receiving the benefit,” said the parliamentarian in defense of the bill.
What Are The Current Unemployment Insurance Rules
Currently, unemployment insurance is one of those Social Security benefits intended for workers who have been involuntarily dismissed. To receive it, they must meet certain conditions, which are:
- Not having sufficient income to support themselves and their family; and
- Not having received ongoing pension benefits, except for accident assistance, supplemental aid, and retention bonus.
Insufficient as it may be, considering current law, it is noted that a worker who received salaries from a legal entity or an individual equated to it may have access to unemployment insurance:
- For at least 12 months in the last 18 months immediately prior to the dismissal date, for the first request; or
- For at least 9 months in the last 12 months immediately prior to the dismissal date, for the second request; or
- For each of the six months immediately prior to the dismissal date, for additional requests.
Progress of The Bill in The Chamber of Deputies
Now, the bill that provides for unemployment insurance to workers dismissed without just cause who are micro-entrepreneurs will move forward in a conclusive manner and will be analyzed by the committees of Industry, Trade, and Services; Labor; Finance and Taxation; and Constitution, Justice, and Citizenship.
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