CAN I RECEIVE SUPPORT BY RESOLUTION 116 AGAIN?
Question: Dear Lawyer, according to regulations, if you have completed the procedures and received social insurance once, will you be able to receive the support regime under Resolution 116 again? Looking forward to hearing from you soon, thanks!
Answer: Dear Sir., for your question, Gattaca has the following advice
In Article 1 of Decision 28/2021/QD-TTg detailing Resolution 116, there are provisions: Subjects receiving support.
(i) The employee is participating in unemployment insurance as of September 30, 2021 (named on the list of participating in unemployment insurance of the social insurance agency), excluding the following cases:
+ Employees working at state agencies, political organizations, socio-political organizations or people's armed forces units.
+ Employees who are working at public non-business units whose recurrent expenditures are guaranteed by the state budget in accordance with the Government's Decree No. 60/2021/ND-CP dated June 21, 2021 on the basic financial autonomy of public non-business units and current legal regulations on financial autonomy of public non-business units.
(ii) Employees who have stopped participating in unemployment insurance due to termination of their labor contracts or working contracts during the period from January 1, 2020 to the end of September 30, 2021 have a period of premium payment. Unemployment insurance is reserved according to the provisions of the law on employment, excluding those who have decided to receive monthly pension.
And in Clause 72, Article 1 of Decision 505/QD-BHXH in 2020, it is stipulated: “Make a list and file of employees who have paid one-time social insurance for the time that unemployment insurance has not been received; participants entitled to, stopped or canceled their unemployment benefits shall send it to the Collection Management Department/Team for comparison and re-confirmation of the data of the total unearned UI payment time on the national collection database.
Therefore, in case an employee has enjoyed one-time social insurance but has not yet enjoyed unemployment insurance, it is still reserved. Employees who have received one-time social insurance benefits, but have participated in unemployment insurance during the period specified above from January 1, 2020 to the end of September 30, 2021, are still entitled to the benefits under Resolution 116.
Reservation of unemployment insurance payment period is understood as: Employees participating in unemployment insurance premiums are eligible for unemployment insurance benefits in accordance with regulations. However, due to a number of reasons such as not wanting to receive unemployment insurance right away, applying for unemployment benefits but not receiving unemployment benefits, there are odd months that have not yet been settled for unemployment benefits, etc., the period of unemployment insurance benefit has not been received in the period. This will be reserved and accumulated to calculate for the next benefit.
For detailed advice and timely support on transfer procedures and documents, please contact:
Gattaca Law Firm
Address: 32 Nguyen Dinh Hoan, Nghia Do, Cau Giay, Ha Noi
Hotline: 0243.204.1777 – 090.17.63.379
Website: gattacalaw.vn