Can I get unemployment insurance if I quit my job for 1 year?

Can an employee who has been out of work for 1 year receive unemployment insurance? - Reader Van Hai

Can I get unemployment insurance if I quit my job for 1 year?

Pursuant to Article 17 of Decree 28/2015/ND-CP and Clause 7, Article 1 of Decree 61/2020/ND-CP, 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 requesting unemployment benefits in accordance with the provisions of Article 16 of Decree 28/2015/ND-CP to the local employment service center where the employee wants to receive unemployment benefits.

Employees are authorized to authorize another person to submit or send documents by post if they fall into one of the following cases:

- Illness or maternity confirmed by a competent medical facility;

- Accident confirmed by traffic police or competent medical facility;

- Fire, flood, earthquake, tsunami, war, epidemic confirmed by the Chairman of the People's Committee of the commune, ward, or town.

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

The employment service center is responsible for receiving, checking the documents, recording the appointment slip for returning the results according to the form prescribed by the Minister of Labor - Invalids and Social Affairs and giving the slip directly to the person submitting the documents or sending it by post for those submitting the documents by post; in case the documents are not in accordance with the provisions of Article 16 of Decree 28/2015/ND-CP, they shall be returned to the person submitting the documents and the reasons shall be clearly stated.

Within 15 working days from the date of submitting the application for unemployment benefits, if the employee does not have a need to receive unemployment benefits, the employee must directly or authorize another person to submit a request not to receive unemployment benefits to the employment service center where the employee submitted the application for unemployment benefits.

Thus , based on the above regulations, employees must submit an application for unemployment benefits within 03 months from the date of termination of the labor contract or employment contract. Therefore, in case an employee quits his job for 1 year and then submits an application for unemployment insurance, the application time requirement will not be met and will not be processed. The time the employee has paid unemployment insurance will be reserved to process the employee's benefits next time.

Application for unemployment benefits

Pursuant to Article 16 of Decree 28/2015/ND-CP and Clause 6, Article 1 of Decree 61/2020/ND-CP, the application for unemployment benefits includes:

(1) Request for 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 original for comparison of one of the following documents confirming the termination of the labor contract or employment contract:

- The labor contract or work contract has expired or the work under the labor contract has been completed;

- Decision to quit job;

- Decision to dismiss;

- Disciplinary decision to force dismissal;

- Notice or agreement to terminate the labor contract or employment contract;

- Confirmation from the employer including specific information about the employee; type of signed labor contract; reason and time of termination of the labor contract with the employee;

- Confirmation from a competent state agency of the dissolution or bankruptcy of an enterprise or cooperative, or the decision to dismiss, remove, or remove from office the appointed positions in case the employee is an enterprise manager or cooperative manager;

- 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 a person authorized by the legal representative, the following procedure shall be followed:

The Department of Labor, War Invalids and Social Affairs or the provincial Social Insurance shall send a document requesting the Department of Planning and Investment to confirm that the employer does not have a legal representative or does not have a person authorized by the legal representative.

The Department of Planning and Investment is responsible for coordinating with tax authorities, police agencies, and local authorities where the employer has its headquarters to verify the content of the employer not having a legal representative or not having a person authorized by the legal representative.

The Department of Planning and Investment shall send a written response to the Department of Labor, War Invalids and Social Affairs and the provincial Social Insurance regarding the content that the employer does not have a legal representative or does not have a person authorized by the legal representative within 10 working days from the date of receipt of the written request for confirmation from the Department of Labor, War Invalids and Social Affairs or the provincial Social Insurance.

- In case the employee participates in unemployment insurance according to the provisions of Point c, Clause 1, Article 43 of the 2013 Law on Employment, the document confirming the termination of the seasonal labor contract or a certain job contract with a term of 3 months to less than 12 months must be the original or a certified copy or a copy with the original for comparison of that contract.

(3) Social insurance book.

The social insurance organization shall confirm the payment of unemployment insurance and return the social insurance book to the employee within 05 working days from the date of receipt of the employer's request.

For employers who are agencies, units, and enterprises under the Ministry of National Defense and the Ministry of Public Security, within 30 days, the Ministry of National Defense Social Insurance and the People's Public Security Social Insurance shall confirm the payment of unemployment insurance and return the social insurance book to the employee from the date of receipt of the employer's request.

Source: https://baoquocte.vn/nghi-viec-1-nam-co-duoc-huong-bao-hiem-that-nghiep-khong-245991.html