Receipt of Unemployment Insurance Benefits Followed by Employment Within the Same Month: Is This a Violation?

According to Clause 2, Clause 4 Article 21 of Decree 28/2015/ND-CP (amended by Clause 9 Article 1 of Decree 61/2020/ND-CP) stipulating termination of unemployment benefits, wherein:

Having a job falls into the cases of termination of unemployment benefits (Point b Clause 1 of this Article);

- Within 03 working days from the date the employee falls into the cases of termination of unemployment benefits as stipulated in Points b, c, d, and h Clause 1 of this Article, the employee must notify the employment service center where they are receiving unemployment benefits and attach copies of relevant documents regarding termination of unemployment benefits. In case of postal delivery, the date on the postmark is considered valid.

- Employees who are receiving unemployment benefits will have their benefits terminated on specific days of the month they are receiving the benefits; however, the employees will still receive unemployment benefits for the entire month.

Thus, based on the aforementioned regulations, when having a job, the employee must notify the employment service center. Additionally, if the employee is receiving unemployment benefits but falls into the case of termination of benefits during the days of receiving benefits, they are still entitled to the benefits for that month.

Therefore, the date you received the last unemployment benefit payment was May 8, 2019, but you officially signed the labor contract (obtained a job) on May 14, 2019, so you are still entitled to the benefits for May. Hence, in our opinion, you are not in violation in this case if you notified the employment service center from May 14, 2019, that you had a job.

Sincerely!