Unemployment insurance has helped many employees get the amount of money to cover their lives during the time of not having a job. However, many people still do not receive unemployment insurance due to various reasons. Therefore, can employees reserve the time to pay unemployment insurance premiums?
Article table of contents
Cases in which the period of unemployment insurance premium payment is reserved (Illustration image)
According to Clause 2, Article 9 of Circular 28/2015/TT-BLDTBXH of Vietnam, employees are entitled to reserve the period of unemployment allowance for the next time in the following cases:
(1) The employee does not come to receive the decision on unemployment benefits under regulations.
(2) The employee does not come to receive unemployment benefits complied with regulations.
(3) The employee unresolved odd months receive unemployment benefits.
(4) The employee receiving unemployment benefits will have his/her unemployment benefit terminated in the following cases:
+ Find a job;
+ Perform military service and police service;
+ Going to study for a term of full 12 months or more;
+ To abide by the decision to apply the measure of sending to reformatories, compulsory education establishments, compulsory detoxification establishments;
+ Being declared missing by the court;
+ Being detained; serving a prison sentence.
In addition, according to Clause 1, Article 45 of the Employment Law 2013 of Vietnam, the period of payment of unemployment insurance premiums for receipt of unemployment insurance benefits is the total of consecutive or interrupted periods of payment of unemployment insurance premiums from the starting time of such payment to the time the worker terminates his/her labor contract or working contract under law but during which he/she has not yet received any unemployment allowance.
Therefore, there is only regulation on the accumulation of unearned unemployment insurance payment period without limit on the issue of reserve of unemployment insurance payment period.
The reservation period is calculated as the total period of unemployment insurance premium payment minus the payment period for which unemployment benefits have been paid, specifically:
|
Payment period of reserved Unemployment insurance |
= |
Total time to pay unemployment insurance |
- |
Payment period of unemployment insurance for which unemployment benefits have been paid |
In which, the period of payment for which unemployment benefits have been paid is calculated according to the principle that each month of receiving unemployment benefits corresponds to 12 months of paying unemployment insurance premiums.
Also according to Clause 1, Article 17 of Decree No. 28/2015/ND-CP, employees are entitled to receive unemployment benefits in any locality they want to receive.
If the employee has received unemployment benefit for at least 01 month and has a demand, the employee may move the place of unemployment benefit to another province or centrally-run city.
Bao Ngoc
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