In September 2023, Ms. Chi quit her job. At this time, she had paid unemployment insurance for 36 months and received a decision to receive unemployment benefits for 3 months (from October 5, 2023 to January 4, 2024).
During this time, in November 2023, Ms. Chi signed a labor contract with a new company and was paid social insurance (SI) from the beginning of that month. At this time, Ms. Chi had received 2 months of unemployment benefits, with 1 month left to receive.
After signing the labor contract, Chi was reminded to go to the employment service center that manages her unemployment benefit application to notify that she had a job. Chi did not know if this was necessary or not?
When finding a job, workers receiving unemployment benefits must notify the employment service center within 3 days (Illustration: Cong Binh).
According to Vietnam Social Security, Ms. Chi is entitled to unemployment benefits for the first and second months and will have 12 months of unemployment insurance contributions reserved (equivalent to 1 month of unemployment benefits) that she has not received if she declares on time (within 3 days after signing the labor contract).
If the declaration is not made on time, the employee will lose this reserved benefit, and the unemployment insurance payment period corresponding to the period of time not receiving unemployment benefits will not be reserved.
For example, Ms. Phuong Thao was entitled to 4 months of unemployment, but after only 3 months, she got a job and signed a labor contract on January 1.
On January 11, Ms. Thao went to the employment service center to report that she had a job and requested to reserve unemployment insurance for the fourth month. The employment service officer refused to accept Ms. Thao's application because it was 3 working days past the time limit, calculated from the time of signing the labor contract, and did not allow her to reserve the remaining 1 month.
According to Vietnam Social Security, if Ms. Thao has a job while receiving unemployment benefits, she should stop receiving unemployment benefits. According to regulations, Ms. Thao has passed the deadline for reporting, so she cannot reserve the remaining time of unemployment benefits.
Vietnam Social Security said that according to the provisions of Point b Clause 3 Article 53 of the Law on Employment, employees receiving unemployment benefits will have their benefits terminated when they find a job.
In the case of termination of unemployment benefits due to reemployment, the payment period corresponding to the unemployment benefit period that the employee has not received will be retained. This retained period will be the basis for calculating unemployment benefits for the next benefit.
However, according to Article 21 of Decree No. 28/2015/ND-CP (amended and supplemented by Decree No. 61/2020/ND-CP), within 3 working days from the date of employment, employees must notify the employment service center where they are receiving unemployment benefits and attach copies of documents related to the termination of unemployment benefits.
If the employee fails to notify within the above deadline, the unemployment insurance payment period corresponding to the period during which the employee has not received unemployment benefits will not be reserved (1 month of unemployment benefits corresponds to 12 months of unemployment insurance payment).
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