Cases of termination of unemployment benefits as prescribed

TERMINATIONUNEMPLOYMENT BENEFITS

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     Termination of unemployment benefits as defined?

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     Legal basis:

Labor Law 2012

Decree 28/2015/ND-CP provides detailed guidance on the implementation of a number of articles on unemployment insurance of the Law on employment

1.Regulations on the termination of unemployment benefits in Article 21 of Decree No. 28/2015 / ND-CP stipulates the following cases:

First: The expiration of the period of unemployment benefits under the unemployment benefit decision of the employee.

Second: There are jobs.

 An employee is determined to be employed in one of the following circumstances:

     + Having entered into a labor contract or working contract of full 3 months or more. The date on which an employee is determined to be employed is the date on which the labor contract or contract of employment takes effect as stipulated by law.

      + Having a recruitment decision for cases not falling under the scope of labor contract or working contract. The date of employment in this case is defined as the date of commencement of employment of that person as stated in the recruitment decision.

     + The laborer informs that he / she has worked for the job placement service center according to the form set by the Minister of Labor, War Invalids and Social Affairs.

Third: Performing the military duty, police duty.

The date on which the labourer determined to perform military obligations,  police duty is the day the labourer joins the army.

Fourth: Enjoying retirement pension monthly

The date on which laborer determined to enjoy retirement pension is the first date stated in monthly retirement pension decision issued by competent agencies.

Fifth: After two times the employee has refused employment by the job placement center where unemployment benefits are offered without a good reason.

Sixth: During the period of unemployment benefits, 3 consecutive months of not making monthly notice of finding employment with the employment service center as prescribed.

Seventh: To go abroad for permanent residence or work abroad under contract. The date on which the laborer is determined to be abroad to work or work abroad for a definite period of time under a contract is the date on which the employee leaves the country according to the law on exit and entry.

Eighth: To study for a term of full 12 months or more. The date on which an employee is determined to study for a period of 12 months or more is the date of enrollment recorded in the admission notice for domestic study.

Ninth: Being fined for administrative violations of the law on unemployment insurance. The date on which an employee is determined to be fined is the date on which the employee is fined under a decision of the competent authority.

 Tenth: To execute decisions on the application of measure of sending to reformatories, compulsory education establishments or compulsory rehabilitation establishments.

Eleventh: Death. The date of death is the date written on the death certificate.

Twelveth: to be declared missing by court or detained, imprisonment penalty

      As such, the termination of unemployment benefits is very broad and covers all possible cases. An employee who is receiving unemployment benefits but falls into one of these categories will be terminated from unemployment benefits. The remaining period will be reserved for the next period if the conditions are met.