It is possible to authorize someone else to file and receive unemployment insurance.
If you are receiving unemployment benefits but have a new job, your benefits will be arrears and the time you have not received benefits is reserved to calculate the next time you are entitled to enjoy them.
- Is it possible to authorize someone else to receive unemployment insurance?
When an employee is eligible for unemployment benefits but cannot submit a dossier and receive a decision on unemployment benefits, he or she can authorize someone else to carry out the procedures instead. However, not all cases are authorized to perform, specifically:
Pursuant to the provisions of Clause 2, Article 17 and Clause 4, Article 18 of Decree 28/2015/ND-CP, an employee may authorize another person to receive unemployment insurance only in the following cases:
– Sickness, maternity certified by a competent medical facility.
– Having an accident certified by the traffic police or a competent medical facility.
– Fire, flood, earthquake, tsunami, enemy sabotage, epidemic certified by the Chairman of the People’s Committee of the commune, ward or township.
- If you are receiving unemployment benefits but have a job, will your benefits be arrears?
Pursuant to the provisions of Point b, Clause 1, Article 21 of Decree 28/2015/ND-CP on cases of termination of subsidy benefits:
“Article 21. Termination of unemployment benefits
- The cases in which an employee currently receiving unemployment benefits is terminated from receiving unemployment benefits is prescribed as follows:
- a) The time limit for enjoying unemployment benefits has expired according to the employee’s decision on unemployment allowance;
- b) Have a job;[…].”
An employee is determined to be employed in one of the following cases:
– Having entered into a labor contract or a working contract of full 3 months or more.
Having a recruitment decision for those who are not subject to entering into labor contracts or working contracts.
– The employee announces that he has had a job to the employment service center according to the form prescribed by the Minister of Labor, War Invalids and Social Affairs.
Thus, when the employee has a new job during the period of receiving unemployment benefits, he will not continue to receive unemployment benefits. Within 03 working days from the date of getting a new job, the employee must notify the employment service center where he/she is receiving unemployment benefits.
Employees will be fined for administrative violations VND 1,000,000 to VND 2,000,000 and forced to pay back the received amount if they do not notify when they have new jobs specified in Clauses 1 and 20, Article 1 of the Decree. 88/2015/ND-CP.
- If unemployment benefits are recovered, will the remaining time be accumulated to enjoy later?
Pursuant to the provisions of Clause 5, Article 21 of Decree 28/2015/ND-CP:
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“Article 21. Termination of unemployment benefits
…
- For employees whose unemployment benefits are terminated in the cases specified at Points b, c, h, l, m and n, Clause 1 of this Article, the period of unemployment insurance premium payment corresponds to the remaining time. which employees who have not yet received unemployment benefits are reserved as a basis for calculating the period of unemployment benefit enjoyment for the next time they are entitled to receive unemployment benefits when they are eligible for unemployment benefits as prescribed.
The reservation period is equal to the total period of payment of unemployment insurance premiums minus the time of payment for which unemployment benefits have been paid according to the principle that each month of receiving unemployment benefits corresponds to 12 months of paying unemployment insurance.”
Thus, if an employee who is receiving unemployment benefits has a new job and has a refund of the wrong amount, the remaining time that the employee has not received unemployment benefits will be reserved for calculating the time limit. receive unemployment benefits for the next time.
Retention period = Total time to pay unemployment benefits – time to receive unemployment benefits.
For example:
Mr. Nguyen Van A has paid unemployment insurance premiums for 48 months, and Mr. A’s period of enjoying unemployment benefits as prescribed is 04 months. However, after receiving 02 months, Mr. A found a job and informed the employment service center to reserve the time he has not yet received unemployment benefits. So how long is Mr. A’s retention time?
According to the principle, each month of Mr. A’s unemployment benefit is calculated corresponding to 12 months of paying unemployment insurance premiums.
So the period of unemployment insurance premium payment is reserved = 48 – (2 x 12) = 24 months.
Legal grounds:
– Decree 28/2015/ND-CP;
– Decree 88/2015/ND-CP.
