The duration of receiving unemployment benefits

Receiving unemployment benefits is one of the aspects that workers are most concerned about when participating in the labor market. Unemployment benefits help workers have enough expenses to pay for their daily living expenses while they are not looking for a job. The following article will provide you with some information about the duration of unemployment benefits as well as the procedures for submitting applications for benefits. We welcome you to follow us!

Conditions for receiving unemployment benefits

Pursuant to Article 49 of the Law on Employment 2013, the conditions of receiving unemployment benefits are:

1. Termination of labor contract or working contract, except in the following cases:

• The employee unilaterally terminates the labor contract or working contract illegally;
• Receive monthly pension and disability allowance;

1. Have paid unemployment insurance for 12 months or more within 24 months before terminating the labor contract or working contract for labor contracts or working contracts of indefinite term; Labor contract or fixed-term working contract;
2. Have paid unemployment insurance for 12 months or more within 36 months before terminating the labor contract in the case of a seasonal labor contract or a certain job with a term of at least 3 months. to less than 12 months.
3. Have submitted an application for unemployment benefits at an employment service center within 03 months from the date of termination of the labor contract or working contract.
4. Have not found a job after 15 days from the date of filing for unemployment insurance, except in the following cases:

• Perform military service and police service;
• Going to study for a period of 12 months or more;
• Comply with the decision to apply the measure of sending to reformatories, compulsory education establishments, and compulsory detoxification establishments;
• Detained; serve a prison sentence;
• Settling abroad; go to work abroad under contract;
• Die.

Note: In case an employee signs and is performing multiple labor contracts according to Clause 1, Article 43 of the Law on Employment 2013, the employee and the employer of the first signed labor contract are responsible for obligation to participate in unemployment insurance.

Period of unemployment benefits

Pursuant to Clause 2, Article 50 of the Law on Employment 2013, the unemployment benefit period will be calculated based on the number of months of unemployment insurance payment. For every 12 to 36 months of full payment, you will receive 03 months of unemployment benefit. After that, for every additional 12 months of payment, you will receive an additional month of unemployment benefits but not exceeding 12 months.

Procedures for receiving unemployment benefits

Prepared documents

Pursuant to Clause 2 and Clause 3, Article 16 of Decree 28/2015/ND-CP, Clause 6, Article 1 of Decree 61/2020/ND-CP, the documents that need to be prepared to receive unemployment benefits are:

1. Request unemployment benefits according to the form prescribed by the Minister of Labor, War Invalids and Social Affairs.
2. Original or certified copy or copy accompanied by an original for comparison of one of the documents confirming the termination of the labor contract or working contract

• The labor contract or work contract has expired or the work under the labor contract has been completed;
• Decision to quit;
• Decision to dismiss;
• Disciplinary decision to force dismissal;
• Notice or agreement to terminate the labor contract or working contract;
• Confirmation from the employer including specific content about the employee’s information; type of labor contract signed; Reasons and time to terminate the labor contract for the employee;
• Confirmation from a competent state agency on the dissolution, bankruptcy or decision of the enterprise or cooperative to dismiss, dismiss or demote the appointed positions in case the employee is a natural person. enterprise management, cooperative management;
• In case the employee does not have documents confirming the termination of the labor contract because the employer does not have a legal representative and the person is authorized by the legal representative, the following procedures shall be followed: Procedures for verifying the content that the employer does not have a legal representative or does not have a person authorized by a legal representative.
• In case the employee participates in unemployment insurance, documents certifying the termination of a seasonal labor contract or a certain job with a term of 3 months to less than 12 months must be the original or copy. Certified copy or copy accompanied by the original for comparison of that contract.

1. Social insurance book

Competent authority

Pursuant to Clause 1, Article 17, Clause 1, Article 18 of Decree 28/2015/ND-CP, the agency competent to receive and review the completeness of the dossier is the local employment service center where the applicant is located. Workers want to receive unemployment benefits.

This agency will then submit the documents they have reviewed to the Director of the Department of Labor, War Invalids and Social Affairs so that the Director of the Department of Labor, War Invalids and Social Affairs can decide on the worker’s unemployment benefits. dynamic.

Process steps

Pursuant to Article 17 and Article 18 of Decree 28/2015/ND-CP (amended and supplemented by Clause 7 and Clause 8, Article 1 of Decree 61/2020/ND-CP), steps to submit and resolve The decision to apply for unemployment benefits is:

Step 1: Submit application:

Within 03 months from the date of termination of the labor contract or employment contract, an unemployed employee who wishes to receive unemployment benefits must directly submit 01 set of documents to request benefits. unemployment benefits to the local employment service center where the worker wants to receive unemployment benefits.

The employee may authorize another person to submit the application or send the application by post if it falls into one of the following cases:

• Sickness or maternity certified by a competent medical facility;
• Having an accident certified by traffic police or a competent medical facility;
• Fires, floods, earthquakes, tsunamis, enemy sabotages, and epidemics certified by the Chairman of the People’s Committee of the commune, ward or town.

The date of submitting the application for unemployment benefits in the above cases is the date the authorized person directly submits the application or the date recorded on the postmark in case of sending by post.

Within 15 working days from the date of submitting the application for unemployment benefits, if the employee does not wish to receive unemployment benefits, the employee must directly or authorize another person to submit the request. receive unemployment benefits accordingly Form No. 08 issued together with Circular No. 15/2023/TT-BLDTBXH to the employment service center where the employee has submitted an application for unemployment benefits.

Step 2: The employment service center is responsible for receiving, checking documents, recording appointment slips to return results and handing out slips to applicants; In case the dossier is not sufficient according to regulations, it will be returned to the submitter and clearly state the reason.

Step 3: Within 20 working days from the date of receiving complete documents as prescribed, the employment service center is responsible for reviewing and submitting to the Director of the Department of Labor, War Invalids and Social Affairs to decide on unemployment benefits. workers’ careers; In case of ineligibility to receive unemployment benefits, a written response must be sent to the employee clearly stating the reason.

Step 4: Within 03 working days stated in the results appointment slip, the employee must come to receive a decision on unemployment benefits.

In case the employee does not come to receive the decision on unemployment benefits or does not authorize another person to receive the decision and does not notify the employment service center of the reason for not being able to receive unemployment benefits, it is considered as There is no need to receive unemployment benefits. Within 02 days from the date the employee expires to receive the decision according to the appointment card to return the results, the employment service center shall submit to the Director of the Department of Labor, War Invalids and Social Affairs to issue a decision to cancel the decision. workers receive unemployment benefits.

Consulting services on issues of unemployment benefits

With his experience in helping customers better understand the steps to take to receive 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 and procedures to receive unemployment benefits and solving complex issues related to receiving unemployment benefits;
• Work on behalf of competent authorities to ensure the rights of workers;
• Representing customers to explain to competent authorities upon request;

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 your unemployment benefit requirements effectively.