10 cases where workers are not entitled to unemployment benefits

(Dan Tri) - Workers participating in unemployment insurance will receive unemployment benefits when they lose their jobs. However, there are cases where workers are not entitled to unemployment benefits when they quit their jobs.

Ms. Kim Ngoc worked for 1 year and 10 months and then quit her job to stay at home. A year later, Ms. Ngoc went to the social insurance agency to ask about the procedures to receive unemployment benefits and was told that the processing time had passed. The time Ms. Ngoc had paid unemployment insurance was reserved but she is not currently receiving unemployment benefits.

10 trường hợp người lao động không được hưởng trợ cấp thất nghiệp - 1 — Cases where employees are required to participate in unemployment insurance (Graphic: Tung Nguyen).

According to Vietnam Social Security, the conditions for receiving unemployment benefits are stipulated in Article 49 of the 2013 Law on Employment and guiding documents.

Accordingly, employees who are paying unemployment insurance are entitled to unemployment benefits when they meet four conditions.

The first is that the employee has terminated the labor contract or employment contract.

Second, the employee has paid unemployment insurance for at least 12 months within 24 months prior to the termination of the contract for a fixed-term or indefinite-term contract; has paid unemployment insurance for at least 12 months within 36 months prior to the termination of the contract for a seasonal contract or a contract for a specific job with a term of 3 months to less than 12 months.

Third, the employee has submitted an application for unemployment benefits at the employment service center within 3 months from the date of contract termination.

Fourth, the employee has not found a job after 15 days from the date of submitting the application for unemployment insurance benefits.

However, in the above 4 conditions, there are 10 exclusions. If the employee falls into one of these 10 exclusions, he/she will not be considered for unemployment benefits.