Question:
Our organization has some questions regarding unemployment insurance, and we would like some clarification:
Individuals contribute to unemployment insurance throughout their working period, and when they retire, they haven’t received any unemployment benefits. In this case, can the individual receive a refund of the unemployment insurance contributions, or can it be added to their retirement benefits?
According to the regulations, if an employee who is receiving unemployment benefits finds a new job, their unemployment benefits will be terminated. So, in the case of an employee who has found a new job but has only been on probation for 2 months (and hasn’t yet joined the new company’s social insurance scheme), will their unemployment benefits be terminated?
Answer:
According to Article 4, Clause 3 of the Employment Law, unemployment insurance is a regime aimed at compensating a part of the income for employees who lose their jobs, supporting employees in vocational training, maintaining employment, and finding new jobs, based on contributions to the Unemployment Insurance Fund.
Therefore, in the case of an individual who retires and hasn’t received unemployment benefits, the contributions to the unemployment insurance fund are not refundable or added to their retirement benefits. Unemployment insurance contributions are intended to provide benefits during periods of job loss or unemployment, not for retirement purposes.
Regarding the termination of unemployment benefits when an employee finds new employment, an individual is considered to have found new employment in the following situations:
– They have signed an employment contract or work contract for a period of at least 3 months. The date an individual is considered to have found new employment is the effective date of the employment contract or work contract as stipulated by law.
– They have received a hiring decision in cases that are not subject to employment contracts or work contracts. The date an individual starts new employment in this case is the date specified in the hiring decision.
– The individual has informed the employment service center about their new employment in accordance with the form prescribed by the Minister of Labor, War Invalids, and Social Affairs. The date an individual is considered to have found new employment is the date recorded in their notification of new employment.
Therefore, if an employee has found a new job but is still in the probationary period (for 2 months) and hasn’t yet joined the new company’s social insurance scheme, they will still be eligible to receive unemployment benefits during this period, and their benefits will not be terminated. The termination of unemployment benefits typically occurs when the employee starts their new employment with a contract lasting at least 3 months or under the conditions mentioned above.
Question:
I would like to ask if I continue working until or beyond the retirement age (but have not started receiving retirement benefits), will I still be eligible for unemployment insurance in addition to social insurance when I retire?
Answer:
– Article 49 of the Employment Law states that employees who are paying unemployment insurance premiums are eligible for unemployment benefits if they meet the following conditions:
Termination of the labor contract or work contract, except in the following cases:
a) The employee unilaterally terminates the labor contract or work contract against the law;
b) Receiving monthly retirement pay or labor capacity loss allowance;
2. Have paid unemployment insurance premiums for at least 12 months within the 24 months before the termination of the labor contract or definite-term work contract, or for at least 12 months within the 36 months before the termination of the labor contract for seasonal work or specific work with a term of 3 to under 12 months.
3. Have submitted an application for unemployment benefits at the employment service center;
4. Have not found new employment within 15 days from the date of submitting the application for unemployment benefits, except in the following cases:
a) Performing military service or police duties;
b) Pursuing education with a duration of at least 12 months;
c) Complying with decisions to send individuals to educational institutions, compulsory educational institutions, or compulsory rehabilitation facilities;
d) Being detained temporarily or serving a prison sentence;
e) Emigrating; working abroad under a contract;
f) Deceased.
=> Therefore, after retirement, if the employee meets the above-mentioned conditions, they will be eligible for unemployment benefits.
