Forgetting the notice of job search, is employee temporally suspended unemployment benefits?
A reader has email address as thuduongx @ xx sent an email to the Office of Legal Advice of Lao Dong newspaper to ask: I wasenjoying unemployment benefits, recently, because I was busy by my family’sissue, I forgot to go to the employment service center to inform to find jobs every month. Will my unemployment benefit be suspended? If I still be in time ofenjoying unemployment benefits? and if I continue to notify according to regulations, will I continue to receive unemployment benefits?
Lawyer Nguyen Thi Trang, YouMe Law Firm answers:
Clauses 1 and 2, Article 52 of Law on Employment 2013 provide for notification of job seeking as follows:
1. While on unemployment allowance, monthly, a worker shall directly notify his/her job seeking to the employment service center of the locality where he/she currently receives unemployment allowance, except the following cases:
a/ He/she is sick or on maternity leave or has an accident as certified in writing by a competent health establishment prescribed by the law on medical examination and treatment;
b/ Force majeure cases.
2. The worker shall notify the case specified at Point a or b, Clause 1 of this Article to the employment service center of the locality where he/she currently receives unemployment allowance.
Clauses 1 and 2, Article 53 of the 2013 Law on Employment provide for suspension and continue enjoyment of unemployment benefits as follows:
1. Persons whoare under unemployment allowance will be suspended from receiving unemployment benefits if they fail to monthly notify their job seeking under Article 52 of this Law.
2. Workers who are suspended from receiving unemployment allowance may continue receiving it under the decisions on unemployment allowance receipt if the receipt duration has not yet expired and they monthly notify their job seeking under Article 52 of this Law.
As such, you will be suspended from receiving unemployment benefits when you do not report your job search every month, except in some cases as prescribed above. If the unemployment allowance is suspended and still enjoy the time under the decision, continue enjoying unemployment benefit when making monthly job search notice as prescribed.
According to NGUYEN TRANG (Labor Newspaper)
By: Online Newspaper of the Government / Translator: HaiYen-Bizic
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