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Yes, it is only possible to interrupt employment without the person's will, such as being dismissed, terminated through negotiation, dissolved by the original employer, or terminated upon the expiration of the labor contract.
Social Insurance Act
Article 45 An unemployed person who meets the following conditions shall receive unemployment insurance money from unemployment insurance**:
1) The employer and the person have paid unemployment insurance premiums for one year before becoming unemployed;
2) Interruption of employment not due to the person's will;
(3) Those who have already registered as unemployed and have requirements to seek employment.
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According to Article 14 of the Regulations on Unemployment Insurance, an unemployed person who meets the following conditions may receive unemployment insurance money:
1. Participate in unemployment insurance in accordance with the regulations, and the employer and the person have fulfilled the obligation to pay contributions in accordance with the provisions for one year;
2. Interruption of employment not due to one's own will;
3. Have been registered as unemployed and have job search requirements.
The process of receiving unemployment benefits is as follows:
1. The insured unit shall issue two copies of the Certificate of Dissolution (Termination) of Labor Relations, one to the Unemployment Insurance Center and the other to the Labor Dispute Arbitration Commission of the Labor and Social Security Bureau for the record.
2. The Unemployment Insurance Center shall conduct a strict investigation and verification of the situation on the basis of the Certificate of Dissolution (Termination) of Labor Relations issued by the insured unit (the unemployed person shall bring the labor contract signed with the unit), and issue 2 copies of the Registration Form for Application for Unemployment Insurance and 1 copy of the Registration Form for Unemployment Seeking Employment.
3. The unemployed person should carefully fill in all the columns on the front of the "Unemployment Insurance Application Registration Form", and please go to the family planning relationship receiving unit where his household registration is located to affix the seal in the opinion of the family planning relationship receiving unit on the back. Fill out the "Job Hunting Registration Form" carefully.
4. Pay three one-inch color photos and a copy of the unemployed person's ID card.
To receive unemployment benefits, you need to prepare the following documents:
1. Bring your ID card;
2. Proof of dissolution or termination of labor relationship with the employer;
3. Unemployment insurance payment handbook, proof of payment and a recent 1-inch photo.
To sum up, if a worker meets the above conditions, he or she can go to the district-level labor and social security department at the place of household registration or temporary residence to apply for unemployment insurance benefits.
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1. Can I receive unemployment insurance benefits if I am fired from the company?
1. If you are fired from the company, you can receive unemployment insurance money. If the labor contract is terminated, the employee is terminated by the employer, the employee is dismissed, removed or dismissed by the employer, and the employer violates the law or violates the labor contract and causes the employee to resign. If an employee becomes unemployed due to the occurrence of the above-mentioned circumstances, the employee has the right to apply for unemployment insurance money.
2. Legal basis: Article 45 of the Social Insurance Law of the People's Republic of China provides that an unemployed person who meets the following conditions shall receive unemployment insurance money from unemployment insurance
1) The employer and the applicant have paid unemployment insurance premiums for one year before becoming unemployed;
2. Interruption of employment not due to one's own will;
3) Have been registered as unemployed and have a job search request.
2. What is the standard for receiving unemployment insurance benefits?
The criteria for receiving unemployment insurance benefits are as follows:
1. Urban enterprises, public institutions, and private non-enterprise units shall pay unemployment insurance premiums at the rate of 2% of the total wages of their employees, and their employees shall pay 1% of their own wages. Social organizations shall pay unemployment insurance premiums at the rate of 2% of the total wages of full-time personnel of their units, and their full-time personnel shall pay 1% of their own wages;
2. State organs shall pay unemployment insurance premiums at the rate of 2% of the total wages of the personnel of the establishment of institutions and workers under the labor contract system of the unit, and the personnel of the establishment of the enterprises and workers under the labor contract system shall pay 1% of their own wages.
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OK. According to the law, anyone who interrupts his or her employment is not of his own volition is entitled to unemployment insurance benefits. Of course, dismissal is undesirable, so employees are entitled to unemployment insurance benefits.
1. Relevant laws and regulations, according to Article 45 of the Social Insurance Law of the People's Republic of China, unemployed persons who meet the following conditions shall receive unemployment insurance money by unemployment insurance**. The employer and the applicant have paid unemployment insurance premiums for one year before becoming unemployed; Interruption of employment not due to the person's will; Have been registered as unemployed and have work requirements.
2. According to Article 4 of the Measures for the Receipt and Distribution of Unemployment Insurance Money, an unemployed person who meets the conditions specified in Article 14 of these Regulations may apply for unemployment insurance money and enjoy other unemployment insurance benefits. Among them, the interruption of employment not due to the person's will refers to the following persons: termination of labor contract; The employer terminates the labor contract; being fired, expelled or expelled by the employer; Terminating the labor contract with the employer in accordance with the provisions of Paragraphs 2 and 3 of Article 32 of the Labor Law of the People's Republic of China; Laws and administrative regulations provide otherwise.
Further information: The procedure for receiving insurance benefits is as follows:
1. To apply for unemployment insurance money, you need to fill in the unemployment insurance declaration form within 60 days after the end of unemployment or labor disputes, and bring two one-inch color **, unemployment certificates, and copies of household registration books (employees with the status of cadres and fixed employees must also bring personal files) to the welfare plan development department to go through the application procedures for unemployment insurance benefits. At the same time, it is also necessary to go to the Municipal Labor and Employment Service Center to register as unemployed.
2. During the period of receiving unemployment benefits, the unemployed person must bring the unemployment certificate to the unemployment registration office of the Social Security Bureau to collect it from the 7th to the 9th of each month (the statutory rest day will be postponed). Otherwise, the treatment for the current month will be suspended and will not be reissued in the future. Those who fail to sign in for two consecutive months shall be treated as re-employment and all unemployment insurance benefits shall be suspended.
3. As long as the employer proposes to terminate the labor contract, the employee can receive unemployment benefits, even if he is dismissed by the employer, he can also receive unemployment benefits.
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Summary. The unemployed shall receive unemployment insurance money on a monthly basis at 90% of the city's minimum wage standard, and the policy will be implemented for a period of five years. If an unemployed person has paid contributions for one to four years, the period for receiving unemployment insurance benefits shall be one month for each full year; For more than four years, the period for receiving unemployment insurance benefits shall be increased by one month for each full six months.
The maximum period for receiving unemployment insurance benefits is 24 months.
Hello, I am lawyer Xu Qian, a cooperative lawyer of LegalPro platform, and I am happy to serve you.
Hello, I am lawyer Xu Qian, a cooperative lawyer of LegalPro platform, and I am happy to serve you.
Hello. Hello.
If you embezzle 1,000 yuan from the company and are fired, can you receive unemployment benefits or compensation?
You can receive unemployment insurance benefits, but if you are fired from the company, you will be able to interrupt your employment without your will.
Your personal fault, and there is no situation where the company will compensate you.
Is it necessary for the company to sign to receive unemployment benefits, but if the company does not want to sign?
The documents required to receive unemployment benefits include; 1. The original and photocopy of the recipient's ID card; 2. Proof of unemployment registration; 3. Social security card; 4. Certificate of termination of labor relationship signed with the original enterprise. In addition to receiving the unemployment insurance allowance in accordance with the regulations, the persons who apply for unemployment insurance can also enjoy other reasonable and legal unemployment insurance benefits.
You'll need these four materials.
I haven't gone to apply for an unemployment registration certificate, but now I have to do it, is it too late?
OK. It took about a few months, and I paid it for 7 years.
Unemployed persons receive unemployment insurance money on a monthly basis according to 90% of the city's minimum wage standard, and the policy implementation period is 5 years. If the unemployed person has paid for one to four years, the period for receiving unemployment insurance benefits is one month for each full year; For more than four years, the period for receiving unemployment insurance benefits shall be increased by one month for each full six months. The maximum period for receiving unemployment insurance benefits is 24 months.
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Summary. A person who has been dismissed from an employer may receive unemployment insurance. According to the law, as long as the employment is interrupted by the person not due to his own will, he has the right to receive unemployment insurance money, and the dismissal is of course undesirable for the employee, so the employee has the right to enjoy the unemployment insurance money.
A person who has been dismissed from the employer can receive unemployment insurance. According to the law, as long as the employment is interrupted by the person not due to his own will, he or she has the right to receive unemployment insurance money, and the dismissal is of course undesirable for the employee to occur, so the employee has the right to enjoy the unemployment insurance money.
Those who are dismissed or terminated from their labor contracts in violation of the company's system may be denied unemployment insurance benefits if their employment is interrupted without their will. If you resign yourself, you can't apply for unemployment benefits, and you can return to your position, unless you are dismissed, terminated through negotiation, dissolved by the original employer, terminated at the expiration of the labor contract, and other employment interruptions that are not your will.
Social Insurance Law of the People's Republic of China Article 45 An unemployed person who meets the following conditions shall receive unemployment insurance money from unemployment insurance**: (1) the employer and himself have paid unemployment insurance premiums for one year before becoming unemployed; 2) Interruption of employment not due to the person's will; (3) Those who have been unemployed and have job search requirements.
Please take a look at the above analysis of your problem, if you have any doubts, you can continue to consult Lakai, you can also give me the case or other related facts to describe it so that I can help you analyze.
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There is unemployment benefit for layoffs. If the employer lays off employees, and the employer has paid unemployment insurance for the employee for one year, the worker can receive unemployment benefits, and the worker can go to the social security department to go through the formalities.
Article 3 of the Regulations on Unemployment Insurance*** The labor and social security administrative department is in charge of unemployment insurance work throughout the country. The local labor and social security administrative departments at or above the county level shall be in charge of unemployment insurance work within their respective administrative areas.
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1) Participating in unemployment insurance in accordance with regulations, and the unit to which they belong and themselves have fulfilled their obligation to pay contributions in accordance with regulations for one year or more; (2) Interrupting employment not due to one's own will; (3) Those who have already been registered as unemployed, and have a job search requirement for their grandchildren. During the period of receiving unemployment insurance money, an unemployed person shall enjoy other unemployment insurance benefits at the same time in accordance with regulations.
Legal basis: Article 14 of the Regulations of the People's Republic of China on Unemployment Insurance An unemployed person who meets the following conditions may receive unemployment insurance money: (1) Participating in unemployment insurance in accordance with the regulations, and the employer and the person have fulfilled the obligation to pay the premiums in accordance with the provisions for one year; (2) Interrupting employment without the person's will; (3) Those who have been registered as unemployed and have requirements for job seeking.
During the period of receiving unemployment insurance money, an unemployed person shall enjoy other unemployment insurance benefits at the same time in accordance with regulations.
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