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

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

Firstly: Termination of employment contract or work agreement, except in the following cases: The employee unilaterally terminates the employment contract or work agreement illegally; Receiving a pension or monthly disability allowance.

Secondly: Having paid unemployment insurance for at least 12 months.

Within 24 months prior to contract termination for employees with fixed-term or indefinite-term contracts. Within 36 months prior to contract termination for employees with seasonal contracts or specific jobs with a duration of 3 to 12 months.

Third: The application for unemployment benefits was submitted to the employment service center within 3 months of the contract termination date.

Fourth: Not having found employment after 15 days from the date of application, except in the following cases: Performing military service or police service; Attending a training course for a period of 12 months or more; Complying with a decision to be placed in a reformatory school, educational institution, or compulsory rehabilitation center; Being temporarily detained or imprisoned; Emigrating abroad; Working abroad under a contract; Death.

Based on the above regulations, there are 9 cases where employees are not entitled to unemployment benefits despite having participated in unemployment insurance for the required period. These cases include:

- The employee unilaterally terminates the employment contract illegally.

- Workers receiving monthly pensions or disability benefits.

- Workers who are currently serving in the military or police force.

- Workers attending training courses for a period of 12 months or more.

- Workers who are currently serving sentences in reform schools, compulsory education facilities, or drug rehabilitation centers.

- Workers who are detained; serving prison sentences.

- Workers who emigrate or work abroad under contract.

- The worker died.

- Employees who do not file for unemployment benefits within 3 months of the termination of their employment contract.

Minh Hoa (compiled)

Source: https://www.nguoiduatin.vn/nhung-truong-hop-khong-duoc-huong-tro-cap-that-nghiep-nld-can-biet-a634077.html