After terminating the labor contract, the eligible employees can apply for unemployment insurance benefits to receive unemployment benefits. So how should employees prepare their application for unemployment benefits? What is the process and procedures for receiving unemployment benefits? In the following article, Hong Bang Law Firm will guide this content in detail.

Dossier of application for unemployment benefits

Pursuant to the Employment Law and Decree No. 28/2015/ND-CP stipulating that the application for unemployment insurance benefits includes:

• An application form for unemployment benefits (under the form prescribed by the Ministry of Labour, Invalids and Social Affairs);
• The original or a certified true copy of one of the documents certifying the termination of the labor contract or working contract: The labor contract (LD) or the working contract (the contract of employment) has expired; Decision on resignation or Decision on dismissal or Disciplinary decision on dismissal or Notice or agreement on termination of labor contract or labor contract;
• Social insurance book;
• 2 3 x 4 photos;
• ID card, household registration book/temporary residence book, photo if the application is submitted at the place of residence and enclosed with the original for comparison.

Process and procedures for receiving unemployment benefits

Step 1. Within 03 months from the date of termination of the labor contract or labor contract, the employee who has not had a job and wishes to receive unemployment benefits must directly submit 01 dossier to the Job Introduction Center (TTGTVL). in the locality where the employee wants to receive unemployment benefits.

Step 2. Time limit for processing dossiers:

• Within 15 working days after submitting the application, if the employee has not found a job, the job placement center (TTGTVL) will confirm the settlement of the application for unemployment benefits.
• Within 20 working days from the date of submission of dossier, TTGTVL issues a decision approving unemployment allowance payment enclosed with social insurance book with confirmation of payment to employee.

In case the employee is not entitled to unemployment benefits, the labor center must notify in writing and clearly state the reason.

Time to calculate unemployment benefits: 16th day from the date of filing.

Step 3. Receive unemployment benefits payment

Within 5 working days from the date of issuance of the decision approving the payment of unemployment benefits, the local social insurance agency shall pay the first month’s allowance to the employee together with the health insurance card. Unemployment allowance is calculated at 60% of the average salary of the 6 consecutive months with which unemployment insurance premiums were paid prior to unemployment.

Every month, the social insurance agency shall pay unemployment allowance within 12 days from the date of enjoying unemployment benefit of that month if it does not receive the employee’s decision on suspension or termination of unemployment allowance.

Step 4: Notice of monthly job search of employees

Pursuant to the provisions of Clause 1, Article 19 of Decree No. 28/2015/ND-CP, every month, employees must go to the Employment Service Center to notify them of finding a job while receiving unemployment benefits. in case a job has not been found (according to the appointment schedule attached to the Decision on unemployment benefits).

During the month, if the employee does not receive as notified, the unemployment benefit for that month will be cut off. If the employee fails to notify the Employment Service Center about the job search situation beyond the prescribed time limit, the Employment Service Center will simultaneously send a notice to the Social Insurance Agency and send a notice to the employee. about the termination of the employee’s benefits.

Above is our advice on this matter. If you need more detailed advice as well as how to access this service, please contact Lawyer – Mr. Nguyen Duc Trong directly via hotline: 0912.35.65.75, 0912.35.53.53 or call Free Consultancy Center 1900.6575 or send a service request via email: info@hongbanglawfirm.com

We wish you and your family good health, peace and success!

Best regards!

Hong Bang Law Firm.