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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.
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.
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:
| Base for comparison | Temporarily stop receiving unemployment benefits | Termination of unemployment benefits |
| Grounds for suspension/termination | Are receiving unemployment benefits but do not notify monthly about job search as prescribed in Article 52 of the 2013 Employment Law | • 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 this Law for 3 consecutive months; • Going abroad to settle or work abroad under contract; • Going to study for a period of 12 months or more; • Administrative sanctions for violations of unemployment insurance laws; • Die; • Comply with the decision to apply measures of sending to reformatories, compulsory education establishments, and compulsory detoxification establishments; • Declared missing by the court; • Detained; serve a prison sentence. |
| Ability to continue receiving unemployment benefits | You can still continue to receive unemployment benefits. Accordingly, if the employee still has time to receive benefits according to the decision, he or she will continue to receive unemployment benefits when the employee gives monthly notice of job search as prescribed in Article 52 of the Law on Employment 2013. | You can only continue to receive unemployment benefits if you fall into the cases specified in Points b, c, h, l, m and n, Clause 3, Article 53 of the Law on Employment 2013 |
| Issue of reservation of insurance payment period | There is no regulation on the insurance payment reservation period | There are regulations on the insurance payment reservation period in Clause 4, Article 53 of the Law on Employment 2013 |
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.
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:
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.
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