In what cases must unemployment benefits be repaid?

Termination of unemployment benefits when employed

Reporting to Vietnam Social Security about unemployment benefits, a worker said he received a notice to return 1 month of unemployment benefits to the social security agency with the amount of 3,250,000 VND.

Previously, according to the employee, during the 3-month unemployment insurance benefit period, October 2024 was the third month that the employee received unemployment insurance and received it before they re-joined social insurance at the new company. In September 2024, the employee started working at the new company but was in the probationary period and had not signed a labor contract.

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Regarding this case, Vietnam Social Security said that according to the provisions of Point b, Clause 1, Article 21 of Decree No. 28/2015/ND-CP amended and supplemented by Decree No. 61/2020/ND-CP, employees are determined to be employed when they fall into one of the following cases:

Having signed a labor contract, a seasonal labor contract or a specific job contract with a term of 1 month or more. The date on which the employee is determined to have a job is the date the labor contract or employment contract takes effect according to the provisions of law;

There is a decision on recruitment or appointment for cases that are not subject to a labor contract or work contract. The date on which the employee is determined to have a job in this case is the date the employee is recruited or appointed stated in the recruitment or appointment decision.

Have a business registration certificate in case the employee is the business owner or a business registration certificate in case the employee is the business owner.

The date on which an employee is determined to have a job is the date on which the employee notifies the employment service center that the business household or enterprise has commenced operations.

In addition, according to the provisions of Point b, Clause 3, Article 53 of the Law on Employment, employees receiving unemployment benefits will have their unemployment benefits terminated when they find a job.

Clause 4, Article 53 of the Law on Employment also clearly states that in cases where unemployment benefits are terminated due to having a job, the payment period corresponding to the unemployment benefit period during which the employee has not received unemployment benefits will be reserved as a basis for calculating unemployment benefits for the next benefit.

According to the provisions of Article 21 of Decree No. 28/2015/ND-CP, as amended and supplemented by Decree No. 61/2020/ND-CP, within 3 working days from the date of employment, employees must notify the employment service center where they are receiving unemployment benefits and attach copies of documents related to the termination of unemployment benefits.

If the notification is not made within the above deadline, the unemployment insurance payment period corresponding to the period during which the employee has not received unemployment benefits will not be reserved.

Thus, in case the employee has received unemployment benefits during the period of employment, he/she must return the amount received.

Conditions for unemployment benefits

According to the provisions of Article 49 of the Law on Employment, employees specified in Clause 1, Article 43 of this Law who are paying unemployment insurance are entitled to unemployment benefits when they meet all the following conditions: Termination of labor contract or work contract, except in the following cases, such as: employees unilaterally terminate labor contract or work contract illegally; receive monthly pension or disability allowance.

Having paid unemployment insurance for at least 12 months within 24 months before the termination of the labor contract or employment contract in the cases specified in Point a and Point b, Clause 1, Article 43 of this Law; having paid unemployment insurance for at least 12 months within 36 months before the termination of the labor contract in the cases specified in Point c, Clause 1, Article 43 of this Law.

Have submitted an application for unemployment benefits to the employment service center within 03 months from the date of termination of the labor contract or employment contract. Have not found a job after 15 days from the date of submitting the application for unemployment insurance, except in the following cases:

Performing military service, police service; studying for a term of 12 months or more; executing a decision to apply measures to send to a reformatory school, compulsory education facility, compulsory drug rehabilitation facility; being detained; serving a prison sentence; settling abroad; working abroad under a contract; dying.

According to the provisions of Clause 1, Article 17 of Decree No. 28/2015/ND-CP dated March 12, 2015 of the Government detailing the implementation of the Law on Employment on unemployment insurance: Within 3 months from the date of termination of the labor contract or employment contract, unemployed employees who need to receive unemployment benefits must directly submit a set of documents requesting unemployment benefits to the local employment service center where the employee wants to receive unemployment benefits.

Bao Thoa

Source: https://congthuong.vn/truong-hop-nao-phai-hoan-tra-tien-tro-cap-that-nghiep-389655.html