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111 PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAW PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAW PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAW
(b) In which his unemployment is due to voluntarily leaving work without cause of
a necessitous and compelling nature, irrespective of whether or not such work is
in "employment" as defined in this act: Provided, That a voluntary leaving work
because of a disability if the employer is able to provide other suitable work,
shall be deemed not a cause of a necessitous and compelling nature: And
provided further, That no employe shall be deemed to be ineligible under this
subsection where as a condition of continuing in employment such employe
would be required to join or remain a member of a company union or to resign
from or refrain from joining any bona fide labor organization, or to accept wages,
hours or conditions of employment not desired by a majority of the employes in
the establishment or the occupation, or would be denied the right of collective
bargaining under generally prevailing conditions, and that in determining whether
or not an employe has left his work voluntarily without cause of a necessitous
and compelling nature, the department shall give consideration to the same
factors, insofar as they are applicable, provided, with respect to the determination
of suitable work under section four (t): And provided further, That the provisions
of this subsection shall not apply in the event of a stoppage of work which exists
because of a labor dispute within the meaning of subsection (d). Provided further,
That no otherwise eligible claimant shall be denied benefits for any week in
which his unemployment is due to exercising the option of accepting a layoff,
from an available position pursuant to a labor-management contract agreement,
or pursuant to an established employer plan, program or policy: Provided further,
That a claimant shall not be disqualified for voluntarily leaving work, which is
not suitable employment to enter training approved under section 236(a)(1) of the
Trade Act of 1974: Provided further, That a claimant shall not be disqualified for
voluntarily leaving work if the claimant left such work to accompany a spouse
who is on active duty with the United States Armed Forces and is required to
relocate due to permanent change of station orders, activation orders or unit
deployment orders and such relocation would make it impractical or
unreasonably difficult, as determined by the department, for the claimant to
continue employment with the claimant's employer. For purposes of this
subsection the term "suitable employment" means with respect to a claimant,
work of a substantially equal or higher skill level than the claimant's past
"adversely affected employment" (as defined in section 247 of the Trade Act of
1974), and wages for such work at not less than eighty per centum of the worker's
"average weekly wage" (as defined in section 247 of the Trade Act of 1974).
((b) amended Nov. 3, 2022, P.L.2153, No.156)
(c) With respect to which or a part of which he has received or is seeking
unemployment benefits under an unemployment compensation law of any
other state or of the United States: Provided, That if the appropriate agency of