Can I get unemployment insurance benefits if I lose my job due to voluntary resignation?

Yes. As long as you have paid unemployment insurance before becoming unemployed, for any reason, as long as you are unemployed from March to December 2020, you can receive it.

If you voluntarily resign due to your own volition, you will not be able to receive unemployment benefits after resigning if you do not meet the conditions for receiving unemployment benefits. However, if the employer leaves the company because of the employer's arrears of wages, the employer can receive unemployment benefits in this case because the employer has committed illegal acts first.

Legal basis: ?Article 14 of the Regulations on Unemployment Insurance stipulates that an unemployed person who meets the following conditions may receive unemployment insurance money: (1) he or she has participated in unemployment insurance in accordance with the regulations, and his or her employer and himself have fulfilled the obligation to pay contributions for one year or more in accordance with the regulations; (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 enjoy other unemployment insurance benefits at the same time in accordance with regulations.

1. If you are receiving unemployment benefits, you must indicate on the resignation certificate (certificate of termination of labor relations) that it is not your will (such as dismissal, non-renewal of the contract when the contract expires, etc.) before you can receive unemployment benefits. If you quit your job, you will not be able to receive unemployment benefits. Absenteeism and dismissal from the company are eligible for unemployment benefits.

2. The unemployment benefit must be received after the labor relationship has been terminated with the unit, and the labor relationship can only be received if the labor relationship is terminated by the individual's will, and the cumulative payment reaches one year. The details are as follows: 1. Whether or not you can receive unemployment insurance is stipulated in Article 14 of the Unemployment Insurance Regulations

An unemployed person who meets the following conditions may receive unemployment insurance money: (1) he or she has participated in unemployment insurance in accordance with the regulations, and his or her employer and himself have fulfilled the obligation to pay contributions in accordance with the provisions for one year; (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. 2. How much to receive:

If the unemployed person's employer and himself have paid contributions for one year but less than five years in accordance with the regulations before becoming unemployed, the maximum period for receiving unemployment insurance money is 12 months; If the cumulative payment period is 5 years but less than 10 years, the maximum period for receiving unemployment insurance benefits is 18 months; If the cumulative payment period is more than 10 years, the maximum period for receiving unemployment insurance benefits is 24 months. If a person becomes unemployed again after re-employment, the payment period shall be recalculated, and the period for receiving unemployment insurance money may be combined with the period for receiving unemployment insurance money that should have been received but not yet received in the previous unemployment, but the maximum period shall not exceed 24 months. 3. How to receive unemployment benefits that meet the conditions for receiving unemployment benefits, you need to provide materials for terminating labor relations, ID cards, household registration books, **, etc. to apply to the social security institutions of the insured cities to receive unemployment benefits, and the unemployed can only receive unemployment benefits after unemployment registration and training.

Generally, it is received in the next month after unemployment, and it is issued by punching in and receiving it locally on a monthly basis. Due to the different procedures, it is recommended that you consult the local social security agency.

Questions. During his tenure, there was a personal forced fine, and he admitted the penalty at that time, and now he resigns, is it considered to be forced to leave his job? Can I get unemployment benefits?

The company fined him 300 as a warning, can the employee be "forced to leave the job" and ask for severance payment? According to Article 38, Paragraph 2 of the Labor Contract Law, if the employer fails to pay the remuneration in full and in a timely manner, the employee may unilaterally terminate the labor contract, i.e., "forced resignation". In this case, if the employee proposes to terminate the labor contract, the employer shall pay severance as one month's salary for each year of service for the employee.

There are three conditions required to receive unemployment insurance benefits:

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.

Can I get unemployment insurance benefits if I voluntarily quit my job?

Then it is necessary to find out whether voluntary resignation is an interruption of employment due to non-voluntary reasons.

Under all lawful circumstances of the company, if the employee submits his resignation to the employer out of his own subjective will, he is not eligible to receive unemployment insurance benefits.

However, there are different situations for resignation, and sometimes the employer has something illegal.

For example, if the employer fails to pay the labor remuneration in full and in a timely manner, or fails to pay social insurance premiums for the employee in accordance with the law, the employee resigns when his or her legitimate rights and interests cannot be protected, which is a situation in which the employment is interrupted without his own will.

Article 13 of the Several Provisions of the Social Insurance Law of the People's Republic of China stipulates that if an employee terminates a labor contract in accordance with Article 38 of the Labor Contract Law, it is a termination of employment that is not due to his own will.

Therefore, the answer to the question of whether an employee can receive unemployment insurance money if he voluntarily resigns can only be determined according to the specific circumstances of the resignation, and the employee who voluntarily resigns under the circumstances stipulated in Article 38 of the Labor Contract Law, such as the employer's failure to pay labor remuneration in full and in a timely manner, or the failure to pay social insurance premiums for the employee in accordance with the law, is eligible for receiving unemployment insurance money.

Finally, I would like to give you a suggestion, if the employer fails to pay the labor remuneration in full and on time, or fails to pay social insurance premiums for the employee in accordance with the law, when the employee proposes to resign, it needs to clearly write these circumstances as the reason for resignation. Such a written resignation is favorable evidence for the employee when he or she claims economic compensation and unemployment insurance benefits in accordance with the law.

Legal analysis: 1. I cannot receive unemployment insurance money if I resign. One of the application conditions is that the employee leaves the company without his or her will.

2. An unemployed person who meets the following conditions may receive unemployment insurance money and enjoy other unemployment insurance benefits in accordance with the regulations: (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) The employment is interrupted not due to the person's will; (3) Those who have been registered as unemployed in accordance with the procedures prescribed by law; (4) Those who have job search requirements and are willing to accept vocational training and job introduction.

Legal basis: "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 already registered as unemployed and have requirements to seek employment.

Those who resign on their own will not be able to receive unemployment insurance benefits.

Article 14 of the Regulations on Unemployment Insurance stipulates that "only those who have interrupted their employment without their will" can receive unemployment insurance money, and at the same time enjoy other unemployment insurance benefits in accordance with the regulations.

Can I get unemployment insurance benefits if I lose my job due to voluntary resignation?

No. According to the provisions of the Labor Law and the Regulations on Social Insurance, employers must pay social insurance for their employees in accordance with the law, and the so-called "three insurances" or "five insurances" include unemployment insurance. The contribution ratio of unemployment insurance varies from province to province, so you can consult the local social security department.

According to 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.

Which situations can be classified as "non-benevolent interruption of employment".

1. Termination of the labor contract (if the contract expires and is terminated, or the unit proposes to terminate it by mutual agreement);

2. The labor contract is terminated by the employer;

3. The employer proposes to terminate the labor contract because it does not provide working conditions in accordance with the regulations;

4. The employer proposes to terminate the labor contract because the employer has forced labor by means of violence, coercion or restriction of personal freedom;

5. The employer proposes to terminate the labor contract because the employer withholds or arrears wages, or fails to pay labor remuneration for extended working hours in accordance with regulations;

6. The employer proposes to terminate the labor contract because the employer pays wages lower than the local minimum wage standard or the wage standard agreed in the collective contract;

7. The employer proposes to terminate the labor contract due to the seizure of identity, qualifications, qualifications and other documents;

8. The employer proposes to terminate the labor contract because the employer fails to pay social insurance premiums in accordance with the law;

9. Other circumstances stipulated by laws and regulations that are inconsistent with the person's will to interrupt employment.

If the labor relationship is terminated under the above circumstances, it shall be classified as "interruption of employment without the willingness of the person to change the bridge", and the employer shall issue a certificate of termination of the labor relationship, and the employer shall receive unemployment benefits in accordance with the regulations.

Under what circumstances can I receive unemployment insurance premiums for voluntary retirement? In addition to guaranteeing the material livelihood of the unemployed, unemployment insurance is more important to maintain the stable development of society. Generally speaking, voluntary retirement is not eligible for unemployment insurance benefits.

However, the following cases are special and you can receive unemployment insurance premiums.

1. Probationary period.

2. The user is forced to work by means of violence, threat or illegal restriction of personal freedom.

3. If the employer fails to pay labor remuneration or provide working conditions as agreed in the labor contract, it can enjoy unemployment insurance benefits.

According to the explanation of the Measures for the Application and Registration of Unemployment Insurance Benefits issued by the Ministry of Labor and Social Security, if the labor contract is terminated with the user in accordance with Article 32 of the Labor Law of the People's Republic of China (Article 32 of the Labor Law of Zheng Ze has one of the above circumstances, the employee may notify the user to terminate the labor contract at any time).