Are unemployment benefits reserved when going to labor export?

Thu, 25 Feb 2021 17:56:00  |  Print  |  Email   Share:

A readerwith email address hoanganhx @ xx asked: I have paid unemployment insurance for 5 years and have been entitled to 5 months of unemployment benefits. When I was enjoying the 2-month unemployment allowance, I went to work as a labor export worker in Japan. Are 3 months of unearned benefits reserved?

Lawyer Nguyen Thi Trang, YouMe Law Firm answers:

Clause 3, Article 53 of the 2013 Law on Employment provides for the termination of unemployment benefits as follows:

a/ The duration of unemployment allowance receipt expires;

b/ He/she has found a job;

c/ He/she performs the military or public security service obligation;

d/ He/she receives monthly pension;

dd/ He/she has twice refused without a plausible reason to take up the job recommended by the employment service center of the locality where he/she currently receives unemployment allowance;

e/ He/she fails to monthly notify his/her job seeking under Article 52 of this Law for 3 consecutive months;

g/ He/she goes abroad for settlement or as guest worker;

h/ He/she attends a training course of full 12 months or longer;

i/ He/she is administratively sanctioned for violations of the law on unemployment insurance;

k/ He/she dies;

l/ He/she serves a decision on application of the measure to send him/her to a reformatory, compulsory education institution or compulsory detoxification establishment;

m/ He/she is declared by a court as missing;

n/ He/she is kept in temporary detention or serves a prison sentence.

4. Workers who stop receiving unemployment allowance in the cases specified at Points b, c, h, l, m and n, Clause 3 of this Article may have the period of payment of unemployment insurance premiums reserved for calculating the subsequent duration of receipt of unemployment allowance when they fully satisfy the conditions specified in Article 49 of this Law.

The reserved period equals the total of the periods of payment of unemployment insurance premiums minus the period during which the worker has received unemployment allowance, with one month of receipt of unemployment allowance equivalent to 12 months of payment of unemployment insurance premiums.

Thus, in case of being enjoying unemployment allowance but going abroad to settle or work for a definite period of time under a contract, unemployment allowance will be terminated and the remaining period of time has not yet enjoyed unemployment allowancethat will not be reserved.

According to Nguyen Trang/

By: Online Newspaper of the Government / Translator: HaiYen-Bizic


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