Delay in reporting job 1 day will result in loss of unemployment benefits

In July 2023, Mr. Quyet received a decision to receive unemployment benefits for 3 months. The decision included an appendix with the date of presentation to notify the employment situation at the employment service center.

After receiving the first unemployment benefit in July 2023, Mr. Quyet forgot and was one day late in reporting the employment situation in August 2023. After that, he received a notice that he would not receive the benefit in August 2023.

According to Mr. Quyet, the reason is that the first appearance is on July 5, 2023, but the second appearance is from August 11, 2023 to August 15, 2023. The appearance time is inconsistent, causing confusion and economic damage to him.

Mr. Quyet said: "During the difficult economic period, workers lost their jobs, and I find it unreasonable to refuse to pay unemployment insurance just because of a one-day delay. I wonder if social insurance has any mechanism to support cases like mine?"

Chậm thông báo việc làm 1 ngày bị mất trợ cấp thất nghiệp - 1 — During the period of receiving unemployment benefits, employees must notify the labor management agency about their job search situation (Illustration: Contributor).

According to Vietnam Social Security, the date of notification of monthly job search during unemployment benefit period is specified in detail in Clause 4, Article 10 of Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015.

Specifically, the date the employee reports monthly about finding a job for the first month of unemployment benefits is the date of receiving the decision to receive unemployment benefits according to the appointment slip for returning results.

From the second month onwards, employees shall make monthly notification of job search within 3 working days from the first day of the month of unemployment benefits.

That is, the Social Insurance agency has correctly calculated the date of notification of job search according to the provisions of Circular No. 28/2015/TT-BLDTBXH and those dates are specifically recorded in the appendix attached to the decision on unemployment benefits.

According to Clause 1, Article 53 of the Law on Employment, a person receiving unemployment benefits will have his/her unemployment benefits suspended if he/she fails to notify about his/her job search as prescribed, which means he/she will lose his/her unemployment benefits for that month.

Clause 2, Article 53 of the Law on Employment stipulates that if an employee whose unemployment benefits are suspended still has time left to enjoy them according to the decision, he/she will continue to receive unemployment benefits when making a monthly job search notification as prescribed.

Thus, Mr. Quyet did not notify about job search in August 2023 as prescribed, so his unemployment benefits for August 2023 were temporarily suspended. He is still entitled to unemployment benefits for the remaining month (September 2023) when he notifies about job search every month as prescribed.

Source