How many years of work are required to receive an additional month of unemployment allowance? When is the unemployment allowance granted?
How many years of work are required to receive an additional month of unemployment benefits?
Article 50 of the 2013 Employment Law stipulates the level, duration, and timing of unemployment benefits as follows:
Level, duration, and timing of unemployment benefits
1. The monthly unemployment benefit is 60% of the average monthly salary for unemployment insurance contributions of the six consecutive months prior to unemployment but not exceeding five times the statutory pay rate for employees under the policies stipulated by the State or not exceeding five times the regional minimum salary as specified in the Labor Code for employees contributing to unemployment insurance under employer-determined salary policies at the time of termination of the labor contract or working contract.
2. The duration of unemployment benefits is calculated based on the number of months of unemployment insurance contributions; for every 12 to 36 months of contribution, the employee is entitled to three months of unemployment benefits. Thereafter, for every additional 12 months of contribution, they receive one additional month of unemployment benefits, but not exceeding 12 months.
3. The timing of unemployment benefits starts from the 16th day from the date of submission of the complete application for unemployment benefits as required by Clause 1, Article 46 of this Law.
Thus, an employee who has contributed between 12 to 36 months to unemployment insurance is entitled to three months of unemployment benefits, meaning that contributing for three years results in a maximum of three months of unemployment benefits.
Afterward, if the employee continues to work and contribute to unemployment insurance for another 12 months, they will receive an additional one month of unemployment benefits. This means that starting from the fourth year of working with unemployment insurance contributions, for every 12 months of contributions, they receive one additional month of unemployment benefits.
However, the maximum duration of unemployment benefits does not exceed 12 months.
How many years of work are required to receive an additional month of unemployment benefits? When does the period of unemployment benefits commence?
When does the period of unemployment benefits commence?
Clause 3, Article 50 of the 2013 Employment Law stipulates the level, duration, and timing of unemployment benefits as follows:
Level, duration, and timing of unemployment benefits
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3. The timing of unemployment benefits starts from the 16th day from the date of submission of the complete application for unemployment benefits as required by Clause 1, Article 46 of this Law.
Clause 1, Article 46 of the 2013 Employment Law stipulates the receipt of unemployment benefits as follows:
Receipt of unemployment benefits
1. Within three months from the date of termination of the labor contract or working contract, the employee must submit their application for unemployment benefits at a job service center established by the State employment management agency.
4. Employees whose unemployment benefits are terminated under the circumstances specified in points b, c, h, l, m, and n of Clause 3 of this Article, may have their unemployment insurance contributions reserved for calculating the period of unemployment benefits for the next eligible period as prescribed in Article 49 of this Law.
The reservation period is calculated by the total time of unemployment insurance contributions minus the period that has already been used for unemployment benefits, based on the principle that each month of received unemployment benefits corresponds to 12 months of unemployment insurance contributions.
Thus, working abroad under a contract does not qualify for the reservation of the unemployment insurance contribution period.
How long after submitting an application for unemployment benefits can they be received?
According to Article 46 of the 2013 Employment Law, the specific provisions regarding the receipt of unemployment benefits are:
Receipt of unemployment benefits
1. Within three months from the date of termination of the labor contract or working contract, the employee must submit their application for unemployment benefits at a job service center established by the State employment management agency.
2. Within 20 days from the date the job service center receives the complete application, the competent state authority must issue a decision on the receipt of unemployment benefits; if the conditions for unemployment benefits are not met, a written response must be given to the employee.
3. The social insurance organization carries out the disbursement of unemployment benefits to the employee within five days from the date of receiving the decision on the receipt of unemployment benefits.
Therefore, according to the above regulations, the person submitting the application for unemployment benefits within 20 days from the date the job service center receives the complete application, the competent state authority must issue a decision on the receipt of unemployment benefits.
Within five days from the date of receiving the decision on the receipt of unemployment benefits, the social insurance organization carries out the disbursement of unemployment benefits to the employee.
Therefore, the person submitting the application for unemployment benefits within a maximum of 25 days will receive the benefits according to the provisions of the law.
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