Cases where unemployment benefits are not available, employees need to know

According to Article 49 of the 2013 Law on Employment, employees who are paying unemployment insurance are entitled to benefits when they meet the following conditions:

First: Termination of labor contract or work contract, except in the following cases: Employee unilaterally terminates labor contract or work contract illegally; Receives monthly pension or disability allowance.

Second: Have paid unemployment insurance for 12 months or more.

Within 24 months before the termination of the contract for employees working under a fixed-term or indefinite-term contract. Within 36 months before the termination of the contract for employees working under a seasonal or specific-job contract with a term of 3 - 12 months.

Third: Submitted application for benefits at the employment service center within 3 months from the date of contract termination.

Fourth: Not having found a job after 15 days from the date of application submission, except in the following cases: Performing military service or police service; Studying for a term of 12 months or more; Complying with a decision to apply measures to send to a reformatory school, educational facility, or compulsory drug rehabilitation facility; Being detained or imprisoned; Going abroad to settle down; Working abroad under a contract; Death.

Based on the above regulations, there are 9 cases where employees are not entitled to unemployment benefits even though they have participated in unemployment insurance for a sufficient period of time. These cases include:

- Employees unilaterally terminate labor contracts illegally.

- Workers receive monthly pensions and disability benefits.

- Employees performing military service or police service.

- Employees going to study for a period of 12 months or more

- Workers who are serving measures of being sent to a reformatory school, compulsory education facility, or drug rehabilitation facility.

- Workers in detention; serving prison sentences

- Workers who settle abroad or work abroad under contract

- The worker died.

- Employees do not submit unemployment benefits application within 3 months from the date of termination of the labor contract.

Minh Hoa (t/h)

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