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Unemployment protection for immigrant workers has been one of the most controversial issues at the doctrinal and jurisprudential level. In this regard, article 36.5 of the Spanish Organic Law on Foreigners (after the reform operated by the LO 2/2009) provides that foreign workers in an irregular situation may choose not to invalidate the employment contract, even if it remains -in an illogical wayexcluded from eligibility for unemployment benefit. This normative reality reflects a certain idea of distributive justice that clearly contradicts the provisions of the International Labour Organization for the multi-level protection of fundamental rights and public social care for migrants. At present, there is a call for the establishment of a system of basic incomes that addresses the continuity of the incomes of immigrant workers, in transitional periods, in order to guarantee the right to a dignified existence for all people at risk of social exclusion. However, in order for this measure to operate, it is first necessary to exceed the limits imposed on nationality by the Organic Law on Foreigners in Spain, as well as by the doctrine of the Supreme Court.

El derecho a las prestaciones por desempleo de las personas inmigrantes