Impact on the protection by unemployment of the absence of the national territory for a period of less than 90 days without communication to the management entities: prevalence of entitlement to benefits against the sanctioning perspective. Commentary on the STS April 21, 2015 and May 26, 2015.

Abstract

He is declared in these judgments that the inconsistency in this matter between the sanctioning legislation, which includes such conduct as causes of extinction of the provision, and the entitlement to benefits, which considers it as a cause of suspension of it, should be interpreted in favour of the latter. And objective this by virtue of the requirement for coherence of the legal system, the principle of legal certainty, the prohibition of discrimination in the application of the rules, the principle of speciality, and the principle of proportionality.