Workers must submit a request to not receive unemployment benefits if not needed

Employees must submit a request to not receive unemployment benefits if they do not have a need (Illustrative photo)

According to Article 17 of Decree 28/2015/ND-CP stipulates that within 03 months from the date of termination of the labor contract or work contract, the employee who is still unemployed and wishes to receive unemployment benefits must directly submit 01 set of application for unemployment benefits as specified in Article 16 of this Decree to the employment service center in the locality where the employee wants to receive unemployment benefits.

However, Decree 28 does not provide guidelines for employees who have submitted an application for unemployment benefits but then find that they no longer need the benefits, leading to a loss of the Unemployment Insurance Fund while the employee does not actually want to receive it.

Hence, Clause 7, Article 1 of Decree 61/2020/ND-CP has added this case and will be applied from July 15, 2020, specifically:

--- 4. Within 15 working days from the date of submitting the application for unemployment benefits, if the employee does not need unemployment benefits, the employee must directly or authorize another person to submit a request to not receive unemployment benefits to the employment service center where the employee has submitted the application for unemployment benefits.-

In addition, Decree 61/2020/ND-CP also amends the deadline for employees not to go to get the decision on unemployment benefits after a certain number of days will be considered as having no need for unemployment benefits, and will issue a decision to cancel the decision on unemployment benefits. Specifically, the deadline is amended as follows:

--- 3. Within 03 working days recorded on the appointment slip to return the result according to Form No. 01 issued with this Decree, if the employee does not come to receive the decision on unemployment benefits or does not authorize another person to receive the decision and does not notify the employment service center of the reason for not being able to come to receive it, it is considered as having no need for unemployment benefits. Within 02 working days from the date the employee's deadline for receiving the decision according to the appointment slip expires, the employment service center submits to the Director of the Department of Labor, Invalids and Social Affairs to issue a decision on the cancellation of the decision on unemployment benefits of the employee according to Form No. 02 issued with this Decree.--- The decision on the cancellation of the decision on unemployment benefits is sent by the employment service center: 01 copy to the provincial social insurance agency so as not to pay the unemployment benefits to the employee; 01 copy to the employee.-

Le Hai

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