I heard that if paying social insurance, employees were only entitled to a lump sum unemployment benefit, I did not know it is true or not? A reader who is Pham Thi Mai (in Hai Duong Province) asked.

Answers:

Answering her questions, lawyer Pham Thi Bich Han said: In Article 45 of the Employment Law, the unemployment insurance payment period is as follows:

1. The period of unemployment insurance payment for consideration of unemployment insurance entitlement is the sum of the periods of continuous or discontinuous unemployment insurance payment accumulated from the beginning of the unemployment insurance payment until the employee terminates the labor contract or the working contract as prescribed by law but has not yet enjoyed unemployment benefits.

2. After terminating unemployment benefits, the employee's previous period of unemployment insurance payment shall not be counted for the subsequent unemployment benefit entitlement. The period of unemployment insurance payment for the next time of enjoying unemployment insurance is recalculated from the beginning, except for the case of termination of enjoying unemployment benefits according to the provisions of Points b, c, h, l, m and n of the Clause. 3 Article 53 of this Law.

3. The period of time an employee pays unemployment insurance premiums shall not be counted for enjoyment of job loss or severance pay in accordance with the law on labor and the law on public employees.1

In Article 46, enjoying unemployment benefits stipulates: Within 3 months from the date of termination of the labor contract or working contract, the employee shall submit a dossier for unemployment benefit at the employment service center. Established by the state management agency of employment.

Pursuant to the above provisions of the Employment Law, after terminating unemployment benefits, the employee's previous period of unemployment insurance payment shall not be counted to enjoy unemployment benefit for the next time and the schools, who are not entitled to unemployment benefits other than those specified in Article 53 of the Employment Law. Therefore, it is not in accordance with the law to only enjoy the one-time subsidy.