04 cases where the time paid for unemployment insurance is retained

Unemployment insurance (UI) has helped many workers (employees) get a sum of money to cover their lives during the time of not having a job. However, for many different reasons, many people still do not receive unemployment insurance. So, in which case employees are entitled to retain the time paid for unemployment insurance?

According to Clause 2, Article 9 of Circular 28/2015/TT-BLDTBXH, employees are entitled to retain the time paid for unemployment insurance to serve as a basis for calculating the time to earn unemployment benefits for the next period in the following cases:

 (1) Employees do not come to receive the decision on unemployment insurance;

 (2) Employees do not come to receive unemployment payment;

 (3) Employees having less than 12 months surpassing are not qualified for unemployment benefits (with a period of over 36 months of paying for unemployment insurance, the surpassing less than 12 months are not qualified for recognising unemployment benefits);

 (4) Employees receiving unemployment benefits whose unemployment benefits are terminated:

+ Found a job;

+ Perform military service and police service;

+ Going to study for a term of full 12 months or more;

+ To abide by the decision to apply the measure of sending to reformatories, compulsory education establishments, compulsory detoxification establishments;

+ Being declared missing by the court;

+ Being detained; being imprisoned. 

How to calculate the time paid for unemployment insurance to be retained

The retaining period is calculated as the total period of payment for unemployment insurance minus the time of payment for which unemployment benefits have been used up, specifically: 

The retaining period = Total period of payment for unemployment insurance - Period of unemployment insurance benefits used up.

 In which, the period of unemployment insurance benefits used up is calculated according to the principle: each month of unemployment insurance benefits received equivalent to 12 months of paying for unemployment insurance premiums.

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