Amendments and supplements to the regulations on receiving unemployment insurance benefits?

According to Article 17 of Decree 28/2015/ND-CP, within 3 months from the date of termination of the employment contract, unemployed employees who need to receive unemployment benefits must directly submit a set of documents requesting unemployment benefits to the local employment service center where the employee wants to receive unemployment benefits. The Government has just issued Decree 61/2020/ND-CP amending and supplementing a number of articles of Decree No. 28/2015/ND-CP dated March 12, 2015 of the Government detailing the implementation of a number of articles of the Law on Employment on unemployment insurance.

In which, Clause 2 and Clause 3 of Article 12 on unemployment insurance payment are amended and supplemented. Accordingly, employees are determined to be paying unemployment insurance according to the provisions of Article 49 of the Law on Employment when they fall into one of the following cases:

• First, the employee has paid unemployment insurance for the month of termination of the labor contract or work contract and has been confirmed by the social insurance agency on the social insurance book.
• Second, the employee has paid unemployment insurance for the month immediately preceding the month of termination of the labor contract or work contract and has been confirmed by the social insurance agency on the social insurance book.
• Third, the employee has the month immediately preceding the month of termination of the labor contract or work contract or the month of termination of the labor contract or work contract but has been absent from work due to illness or maternity for 14 working days or more in the month, has not received monthly salary at the unit and has been confirmed by the social insurance agency on the social insurance book.
• Fourth, the employee has the month immediately preceding the month of termination of the labor contract, work contract or the month of termination of the labor contract, work contract and has been absent from work without pay for 14 working days or more in the month at the unit and has been confirmed by the social insurance agency on the social insurance book.
• Fifth, the employee has the month immediately preceding the month of termination of the labor contract, work contract or the month of termination of the labor contract, work contract and has been temporarily suspended from performing the labor contract or work contract for 14 working days or more in the month at the unit and has been confirmed by the social insurance agency on the social insurance book.
• The month of unemployment insurance payment of an employee is counted if the employer and employee have executed a labor contract or work contract and have paid unemployment insurance.

In case the employee has been settled to receive unemployment benefits, after the unemployment benefits are terminated, the social insurance agency confirms the additional period of unemployment insurance payment, this period is determined as the period of payment but not yet receiving unemployment benefits according to the provisions of Clause 1, Article 45 of the Law on Employment.

>>>See more: How to calculate the level of unemployment insurance benefits