How many months of unemployment benefits can I receive?

While looking for a new job, workers need unemployment insurance support to cover their living expenses. However, the period of unemployment insurance benefits is not unlimited. The law has stipulated the period of time that a worker is eligible for unemployment insurance. So, how many months can you receive unemployment insurance for?

Unemployment insurance regimes and regulations are legally based on the 2013 Law on Employment and Decree No. 28/2015/ND-CP detailing a number of articles of the Law on Employment on unemployment insurance.

To answer the question of how many months of unemployment insurance can be received, employees can refer to the regulations in Article 50 of the Employment Law on the duration of unemployment benefits.

Accordingly, the period of unemployment benefits is calculated based on the number of months of unemployment insurance contributions. Employees who have paid for 12 to 36 months will receive 3 months of benefits. After that, for every additional 12 months of contributions, they will receive 1 month of unemployment benefits, but not exceeding 12 months.

That is, if an employee participates in insurance, pays full premiums and is eligible for unemployment benefits, the maximum benefit period is only 12 months.

Conditions for unemployment insurance

Employees who are paying unemployment insurance are entitled to unemployment benefits when they meet the following conditions:

Firstly, the employee has terminated the labor contract or work contract, except in the following cases: unilaterally terminating the labor contract or work contract illegally or terminating the contract and receiving monthly pension or disability allowance.

Second, before terminating the labor contract or employment contract with a fixed-term or indefinite-term contract, the employee has paid unemployment insurance for at least 12 months within a 24-month period.

Third, before terminating a seasonal labor contract or a certain job contract with a term of 3 months to less than 12 months, the employee has paid unemployment insurance for 12 months or more within 36 months.

Fourth, the employee has submitted an application for unemployment benefits at the employment service center within 03 months from the date of termination of the labor contract or employment contract.

Fifth, the employee has not found a job after 15 days from the date of application. Except for some cases listed below: Performing military service, police service; Studying for a term of 12 months or more; Complying with a decision to apply measures to send to a reformatory school, compulsory education facility, compulsory drug rehabilitation facility; Being detained or serving a prison sentence; Going abroad to settle; Going to work abroad under a contract; Death.

Unemployment insurance benefits according to the latest current regulations

Pursuant to Article 50 of the Law on Employment, the monthly unemployment benefit level is stipulated as follows: Employees are entitled to 60% of the average monthly salary for unemployment insurance contributions of the 6 consecutive months prior to unemployment.

In which, the maximum monthly benefit is not more than 5 times the basic salary at the time of contract termination for cases where employees implement the salary regime prescribed by the State.

The maximum monthly benefit shall not exceed 5 times the regional minimum wage at the time of termination of the labor contract in cases where the employee implements the salary regime prescribed by the employer.

In addition, Clause 1, Article 46 of the Law on Employment also stipulates that employees can receive unemployment benefits from the 16th day from the date of submitting complete unemployment benefit application documents.

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