Late Notification of Employment to Cease Receiving Unemployment Insurance Benefits: Penalty Duration?
According to Point c Clause 1 and Clause 3 Article 39 of the Decree 28/2020/ND-CP regarding violations in the process of creating dossiers to obtain social insurance benefits and unemployment insurance, which state:
A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on employees committing the following violations: Employees who are receiving unemployment benefits fail to notify the Employment Service Center as per the regulations in the following cases: obtaining employment; performing military service, police duties; receiving a monthly pension; pursuing studies of a duration of 12 months or more.
And Clause 9 Article 1 of the Decree 61/2020/ND-CP stipulates as follows:
Within 3 working days from the date the employee falls under the cases of termination of unemployment benefits as regulated 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 documents related to the termination of unemployment benefits. If sent by postal mail, it shall be based on the date of the postmark.
Thus, if you exceed the 3 working day period from the date you fall under the case of termination of unemployment benefits (due to obtaining employment) without notifying the Employment Service Center, you will be fined from VND 1,000,000 to VND 2,000,000 and must return to the social insurance organization the amount of unemployment benefits received due to committing the violation.
Respectfully!