How long can a worker get unemployment insurance benefits if the factory closes down and the worker

According to the provisions of Article 45 of Chapter 5 of China's latest Social Insurance Law, 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 job search requirements.

Among them, the interruption of employment without one's will includes the following situations:

a. Termination of the labor contract; The labor contract is terminated by the employer;

b. Being dismissed, removed or dismissed by the employer;

c. The employer compels labor by means of violence, threat or illegal restriction of personal freedom, and the worker notifies the employer to terminate the labor contract;

d. The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract, and the employee notifies the employer to terminate the labor contract;

e. As otherwise provided by laws and administrative regulations.

Information required to apply for unemployment benefits.

1. ID card;

2. Hukou booklet;

3. Social security card;

4. Proof of termination or dissolution of labor relationship;

5. Unemployment registration certificate.

Note: The information required to receive unemployment benefits varies from place to place.

How much unemployment benefits can I get a month? Here's what the policy says.

According to the provisions of the "Unemployment Insurance Regulations", the standard of unemployment insurance money shall be determined by the people of the provinces, autonomous regions and municipalities directly under the Central Government in accordance with the level lower than the local minimum wage standard and higher than the minimum living security standard for urban residents. According to the provisions of the "Provisions on Minimum Wage for Enterprises", the minimum wage refers to the minimum labor remuneration that should be paid by the enterprise to which the worker works under the premise that the worker provides normal work within the statutory working hours. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

At present, 30 provinces, municipalities and autonomous regions across the country have formulated minimum wage standards and established corresponding adjustment mechanisms. Municipalities are generally unified into one standard. Provinces and autonomous regions determine several criteria according to the level of economic development of each region, and each region adopts different standards.

The local minimum wage standard mentioned in the Regulations refers to the minimum wage standard in the overall area.

The maximum period of receiving unemployment benefits is 24 months.

It can be up to 24 months.

Unemployment insurance benefits shall be calculated and paid from the date on which the unemployed person is dissolved or terminated from the labor contract; (1) If the cumulative payment time is more than one year but less than 10 years, it shall be paid according to the standard of 70% of the local statutory minimum wage; (2) If the cumulative payment time is more than 10 years but less than 20 years, it shall be paid according to the standard of 75% of the local statutory minimum wage; (3) If the cumulative payment time is more than 20 years, it shall be paid according to the standard of 80% of the local legal minimum wage for work shortages.

According to the Labor Contract Law, if a labor contract is terminated due to the closure of a factory, the employer shall pay economic compensation to the employee. Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

You can be compensated for two months' salary.

1. How much is the unemployment insurance for enterprise bankruptcy.

The period for an unemployed insured person to receive unemployment insurance money shall be determined according to the number of years he or she has paid unemployment insurance premiums before becoming unemployed (hereinafter referred to as the payment period): if the payment period is 1 to 4 years, he or she can receive 1 month of unemployment insurance money for every full year; For more than 4 years, the unemployment insurance premium can be increased by 1 month for every six months for more than 4 years. For each unemployment, the maximum period for receiving unemployment insurance benefits is 24 months, and the months of unemployment insurance benefits that have not yet been paid are calculated together.

2. How to pay social security for the company's bankruptcy.

After the bankruptcy of the unit, the social security of the company's employees can be paid according to the status of flexible employees.

1. The payment of flexible employment shall be submitted by the person at his or her own choice according to the regulations, or the bankruptcy liquidation group shall agree through the workers' congress at the end of the bankruptcy liquidation before the payment of flexible employment as a whole.

2. Due to the large number of bankrupt unemployed people in the county's state-owned enterprises, the accumulation of unemployment funds, and financial difficulties, all the unemployed people cannot enjoy unemployment benefits in a timely manner, so the county decided to enjoy them in installments and batches. If you have not received unemployment benefits, you will no longer be able to enjoy unemployment benefits when you are re-employed.

3. Flexible employees shall pay the premiums in a timely manner, and no supplementary payment is allowed for cross-year arrears. In April this year, in order to standardize the payment of flexible employment personnel on time and in full, the Luoyang Municipal Human Resources and Social Security Bureau paid the fee in full and on time, and those who had paid the fee before but did not continue to the flexible employment household still paid according to the original unit, and after being transferred to the flexible employment household, they paid according to the flexible employment fee.

3. When will the social security be paid after the company goes bankrupt.

When and who should pay the social insurance premiums of employees after the bankruptcy of the enterprise makes it impossible to perform the labor contract and the legal effect of termination occurs. The Reply of the Supreme People's Court on the Timing of the Payment of All Social Insurance Pooling Fees after the Bankruptcy of Enterprises Implementing Social Insurance clearly stipulates that the outstanding social insurance pooling expenses shall be paid until the date on which the people's court decides to declare bankruptcy. The specific expenses shall be implemented in accordance with the relevant provisions of the Bankruptcy Law, and the repayment shall be given priority from the bankruptcy estate of the enterprise, including the severance that the employer should pay to the employee due to the termination of the labor contract.

This part of the subsidy is a guarantee given by the state to the unemployed, but not all unemployed people can receive unemployment insurance money. "Only unemployed persons who have participated in unemployment insurance in accordance with the regulations, paid contributions for one year in accordance with the regulations, and whose employment has been interrupted not due to their own will, have gone through unemployment registration and have job search requirements, can apply to the labor insurance institution with relevant materials. If the employer does not pay the insurance, the employee cannot apply for it.

1) Procedures for receiving unemployment insurance money.

After the employer pays unemployment insurance for the employee, the employee may apply for unemployment insurance after leaving the job, and the specific conditions and procedures are as follows:

1. Terminate employment without the person's will (i.e., the company dissolves or terminates the labor contract) and has job search requirements, (proof of dismissal from the employer must be provided);

2. Pay unemployment insurance premiums for more than 12 months;

3. The company shall handle the labor contract within 60 days after dissolving or terminating the labor contract.

2) 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.

3) 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 two copies of the Registration Form for Application for Unemployment Insurance and one copy of the Registration Form for Unemployment and Job Seekering.

4) The unemployed person should conscientiously fill in all the columns on the front of the "Unemployment Insurance Application Registration Form", and in the back of the opinion of the family planning relationship receiving unit, please go to the family planning relationship receiving unit where his household registration is located to affix his seal. Fill out the "Job Hunting Registration Form" carefully.

5) Pay three one-inch color photos and a copy of the unemployed person's ID card.

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.

To sum up, with regard to how to receive unemployment benefits when a factory closes down, we should note that the conditions for receiving unemployment benefits must first be that you have terminated employment without your will and paid unemployment insurance benefits for more than 12 months, and then we can go to the relevant departments to handle it within 60 days after terminating the labor contract and receive unemployment benefits.

Article 46 of the Labor Contract Law provides that under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

How to apply for unemployment benefits after the closure of the factory: The employer issues a resignation certificate for the unemployed person and informs the social insurance agency of the list of the unemployed person; An unemployed person shall register as unemployed at a designated public employment service agency with a certificate of resignation; With the unemployment registration certificate and personal identity certificate, apply to the social insurance agency to receive unemployment insurance money.

1. What is the basis for the issuance of unemployment insurance by the insurance institutions?

Unemployment insurance premiums are paid on a monthly basis by the social insurance agency. Procedures for receiving unemployment insurance benefits: The employer issues a resignation certificate and informs the social insurance agency of the list of unemployed persons; The unemployed person shall register as unemployed at the designated public employment service agency with the certificate of resignation; An unemployed person shall go through the formalities of receiving unemployment insurance money at the social insurance agency on the basis of his unemployment registration certificate and personal identity certificate.

2. Can unemployment benefits be paid only if they have been dismissed?

Unemployment benefits are not payable only in the event of dismissal. You can claim it if you meet the following conditions:

1. Participate in unemployment insurance in accordance with the regulations, and the filial piety and Qiaoqiaozhi of the unit have fulfilled the payment obligation for one year in accordance with the regulations;

2. Interruption of employment not due to one's own will;

3. Have been registered as unemployed and have job search requirements.

Unemployment insurance benefit process:

1. Apply to the local social insurance agency;

2. The social insurance agency shall conduct the preliminary examination and review;

3. Eligible issuance of "Unemployment Insurance Payment Certificate";

4. Unemployment insurance money shall be issued by the bank to the social security (bank) card of the unemployed on a monthly basis.

3. How do I receive unemployment benefits?

How to apply for unemployment allowance: The unemployed person shall, within 60 days from the date of termination or dissolution of the labor contract, apply for unemployment insurance money at the handling agency (social security bureau) of the unemployment insurance business in the place where the insured person participates, and the social security agency shall handle the relevant procedures for receiving unemployment insurance money for the unemployed person. The required materials are as follows:

1. Certificate of termination or dissolution of labor relationship issued by the unit;

2. Unemployment registration certificate;

3. Personal ID card.

Article 50 of the Social Insurance Law of the People's Republic of China.

The employer shall promptly issue a certificate of termination or dissolution of the labor relationship for the unemployed person, and inform the social insurance agency of the list of the unemployed person within 15 days from the date of termination or dissolution of the labor relationship.

An unemployed person shall, with the certificate of termination or dissolution of labor relations issued by his or her employer, promptly go to the designated public employment service agency to register as unemployed.

An unemployed person shall go through the formalities of receiving unemployment insurance money at the social insurance agency on the basis of his unemployment registration certificate and personal identity certificate. The period for receiving unemployment insurance money is calculated from the date of unemployment registration.

Not everyone can receive it, and those who have paid unemployment insurance for more than 12 months must go to the local social security bureau to go through the relevant procedures within 60 days after the termination or termination of the labor contract with a certificate that the worker was dismissed due to the closure of the factory and stamped with the official seal. At the same time, the elderly can also be paid severance to the employer according to the number of years of service. Article 14 of the Regulations on Unemployment Insurance An unemployed person who meets the following conditions may receive unemployment insurance money:

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) Interruption of employment not due to 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, in accordance with the regulations, enjoy other unemployment insurance benefits at the same time.

Legal analysis: If the company goes bankrupt, the employee can go to the designated social insurance agency to register as unemployed with the certificate of termination or dissolution of labor relations issued by the unemployed. Unemployment benefits are lower than the local minimum wage standard and higher than the minimum living security standard for urban residents, and shall be determined by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Even if the company goes bankrupt, it is still necessary to pay and compensate employees, and employees' wages are the priority repayment items of bankruptcy liquidation.

Legal basis: Regulations on Unemployment Insurance

Article 16 Urban enterprises and public institutions shall promptly issue certificates of termination or dissolution of labor relations to unemployed persons, inform them of their right to enjoy unemployment insurance benefits in accordance with regulations, and report the list of unemployed persons to the social insurance agency for the record within 7 days from the date of termination or dissolution of labor relations. After an employee of an urban enterprise or public institution becomes unemployed, he or she shall, with the certificate of termination or dissolution of labor relations issued by his or her own unit, promptly go to the designated social insurance agency to register as unemployed. Unemployment insurance benefits are calculated from the date of unemployment registration.

Unemployment insurance premiums are paid monthly by social insurance agencies. The social insurance agency shall issue documents for the unemployed persons to receive unemployment insurance money, and the unemployed persons shall collect unemployment insurance money at designated banks with the documents.

Article 18 The standard of unemployment insurance premiums shall be determined by the people of provinces, autonomous regions and municipalities directly under the Central Government at a level lower than the local minimum wage standard and higher than the minimum subsistence security standard for urban residents.

Article 19 An unemployed person who falls ill and seeks medical treatment during the period of receiving unemployment insurance money may apply to the social insurance agency for medical subsidy in accordance with the regulations. The standard of medical subsidy shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.