Distinguish between temporary suspension and termination of unemployment benefits

Temporary suspension and termination of unemployment benefits are two concepts that are no longer unfamiliar to employees and employers. These are two completely different concepts, with different conditions for practical application. The article below will provide you with some information about temporary suspension and termination of unemployment benefits and will distinguish when employees are temporarily suspended from receiving unemployment benefits and when they are terminated. stop receiving unemployment benefits. We welcome you to follow us.

When do workers temporarily stop receiving unemployment benefits?

Pursuant to Clause 1 and Clause 2, Article 53 of the Law on  Employment 2013, Clause 2, Article 19 of Decree 28/2015/ND-CP, employees temporarily stop receiving unemployment benefits when they do not notify about job searching every month as prescribed in Article 52 of the Law on  Employment 2013.

Within 02 working days from the date the employee fails to report monthly job search according to regulations, the employment service center where the employee is receiving unemployment benefits shall submit it to the Director of the Department of Labor. Labor – Invalids and Social Affairs decided to temporarily suspend workers’ unemployment benefits.

The decision on temporary suspension of unemployment benefits is sent by the employment service center: 01 copy to the Provincial Social Insurance to suspend payment of unemployment benefits to employees; 01 copy to the employee. The decision on temporary suspension of unemployment benefits is made according to the form prescribed by the Minister of Labor, War Invalids and Social Affairs.

When do workers completely stop receiving unemployment benefits?

Pursuant to Clause 3, Article 53 of the Law on  Employment 2013, Clause 1, Article 21 of Decree 28/2015/ND-CP (amended and supplemented by Clause 9, Article 1 of Decree 61/2020/ND-CP), the case Employees who stop receiving unemployment benefits include:

• Expiration of unemployment benefits;
• Find a job;
• Perform military service and police service;
• Receive monthly pension;
• After 02 times of refusing to accept a job introduced by the employment service center where you are receiving unemployment benefits without a valid reason;
• Failure to submit monthly job search notices as prescribed in Article 52 of theLaw on Employment 2013 for 3 consecutive months;
• Go abroad to settle down, work abroad under contract;
• Going to study for a period of 12 months or more;
• Administratively sanctioned for violations of unemployment insurance laws;
• Die;
• Comply with the decision to apply the measure of sending to reformatories, compulsory education establishments, and compulsory detoxification establishments;
• Declared missing by the court;
• Detained; serve a prison sentence.

The difference between temporary suspension and termination of unemployment benefits

Consequences of temporary suspension and termination of unemployment benefits

Temporary suspension and termination of unemployment benefits both result in the employee not receiving unemployment benefits for a period of time until they meet the conditions to continue receiving benefits. unemployment.

However, there will be many more cases of termination of unemployment benefits, including failure to provide monthly job search notification as prescribed in Article 52 of the Law on  Employment 2013 for 03 consecutive months, according to prescribed in Point e, Clause 3, Article 53 of this Law; At the same time, there will be cases where unemployment benefits are permanently terminated, meaning the unemployment insurance payment period cannot be reserved as a basis for calculating the unemployment benefit period for the next time when eligible. sue.

The temporary suspension of unemployment benefits will end when the employee is still receiving unemployment benefits and continues to receive monthly job search notices, so the employee will only not receive short-term unemployment benefits.

Consulting services and support for issues related to unemployment benefits

The process of understanding issues related to unemployment benefits, especially for groups of workers, often causes confusion for those who inquire. As a unit with extensive experience in helping customers better understand the basis for implementing issues related to unemployment benefits, Long Phan will provide consulting services to you, including:

• Explain clearly and in detail the legal regulations that you should know before receiving unemployment benefits;
• Assist in better understanding how the regulations apply to your individual situation;
• Consulting on documents, procedures to receive unemployment benefits and solving complex issues related to unemployment benefits
• Work on behalf of competent authorities to ensure the rights of workers.

If you have more questions about receiving unemployment benefits and need support, or want to use Long Phan’s services, please call the hotline. 0906.735.386. We are committed to helping you understand and meet the requirements of receiving unemployment benefits effectively.