Conditions for employees to enjoy unemployment insurance
(Baonghean.vn) - I signed a 36-month labor contract. I have participated in unemployment insurance for nearly 3 years. Now the contract has expired, the company does not need to renew it. Am I entitled to unemployment insurance? To receive unemployment insurance, what conditions do I need to meet and what documents do I need to prepare? (Duong Manh Thang, Ha Huy Tap, Vinh City)
Reply:
1. Conditions for unemployment insurance benefits are stipulated in Article 49 of the 2013 Law on Employment, including the following conditions:
- Terminate the labor contract in accordance with the law (except in cases of retirement or receiving monthly disability benefits);
- There is a month immediately preceding the timeTermination of Contractcurrently participating in social insurance;
- Having paid unemployment insurance for at least 12 months within 24 months before the termination of the non-employment contract or employment contract; having paid unemployment insurance for at least 12 months within 36 months before the termination of seasonal or job-specific employment contracts with a term of less than 12 months;
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| Workers receive support from the Unemployment Insurance Fund at the Social Insurance Agency of Nghe An province. Photo: PV's document |
- Submit your application for unemployment benefits to the local employment service center where you want to receive unemployment benefits within 03 months from the date of termination of the labor contract;
- Not finding a job after 15 days from the date of submitting the application for unemployment insurance (except for the following cases: Performing military service, police service; Studying for a term of 12 months or more; Complying with the decision to apply measures to send to a reformatory school, compulsory education facility, compulsory drug rehabilitation facility; Being detained; serving a prison sentence; Settling abroad; Working abroad under a contract; Death).
2. Unemployment insurance claim file. Pursuant to the Law on Employment and Decree 28/2015/ND-CP, unemployment insurance claim file includes:
- Application for unemployment benefits (according to the form prescribed by the Ministry of Labor, Invalids and Social Affairs);
- Original or certified copy of expired labor contract (LC) or employment contract (LEC); termination decision or dismissal decision or disciplinary decision forcing termination or notice or agreement to terminate the LCC or LCC;
- Social insurance book.
- Regarding time, within 03 months from the date of termination of the labor contract or employment contract, unemployed employees who need to receive unemployment benefits must directly submit 01 set of documents to the local Job Introduction Center (TTGTVL) where the employee wants to receive unemployment benefits.
So you base on the above regulations to do the procedure.enjoy social insurance.
LEGAL POLICY DEPARTMENT - LABOR RELATIONS
NGHE AN PROVINCE LABOR FEDERATION
(Tel: 09 1974 2006; 0375 037 037)
