Because miners who are fired can t get unemployment benefits?

If you are dismissed because of absenteeism and your employment is interrupted by your will, you can enjoy unemployment insurance benefits if you have paid unemployment insurance premiums for one year before and registered as unemployed and job-seekers.

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) Have been registered as unemployed and have a request to seek employment.

Yes, if you want to get unemployment benefits, you need the employer to take the initiative to dismiss you.

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) Have been registered as unemployed and have a request to seek employment.

If the employer has paid unemployment insurance for the employee for one year, the employee can receive unemployment benefits.

According to Article 45 of the Social Insurance Law, 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) Have been registered as unemployed and have a request to seek employment.

Absenteeism is usually not subject to unemployment benefits. Those who have paid unemployment insurance premiums for a large number of years before being dismissed without their own will, have registered as unemployed, and have requirements for job hunting, may receive unemployment benefits. The termination of the labor contract due to absenteeism does not belong to the interruption of employment due to the person's will, and the employee cannot receive unemployment benefits according to the regulations.

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 the person have paid unemployment insurance premiums for one year before becoming unemployed;

2) Interrupting employment not due to one's own will;

3) Have been registered as unemployed and have a request to seek employment.

Social Insurance Law of the People's Republic of China

Article 47.

The standard of unemployment insurance money shall be determined by the people of the provinces, autonomous regions, and municipalities directly under the Central Government, and shall not be lower than the minimum subsistence security standard for urban residents.

Legal analysis: The law protects workers, and workers can get unemployment benefits according to the law, and workers can file lawsuits to protect their legitimate rights and interests. Workers who are absent from work and are dismissed are entitled to unemployment benefits.

According to the relevant laws of China, if the former employer has paid unemployment insurance for one year, and the worker has been registered as unemployed after being dismissed by the employer, and is still looking for a job, he can be cut off from receiving unemployment insurance money from unemployment insurance**. If the employer does not pay unemployment benefits, the employee can file a lawsuit to protect his legitimate rights and interests.

Legal basis: Article 45 of the Social Insurance Law of the People's Republic of China 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) Have been registered as unemployed and have a request to seek employment.

Those who can receive unemployment benefits. Generally, unemployed persons who meet the following conditions can 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.

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.

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 of the date of termination or dissolution of labor relations.

To sum up the above, the employee's unreasonable absenteeism will cause the company's interests to be lost, and the company can choose to use the dismissal method to solve it, but the premise must be to notify the employee in writing in advance, which can be carried out by writing or email, as long as it is determined to be legal, you can protect your rights and interests.

1. How to receive unemployment benefits?

Unemployment benefits are collected at the agency.

An unemployed person shall, within 60 days from the date of termination or dissolution of the labor contract, apply for unemployment insurance money at the agency that accepts the unemployment insurance business of his unit.

1. Participate in unemployment insurance in accordance with the regulations, and the employer and the person have fulfilled the payment obligation in accordance with the provisions for one year.

2. Interruption of employment not due to one's own will, that is, the unemployed person is unwilling to interrupt employment, but is forced to interrupt employment due to reasons beyond his control. The Measures for the Application and Payment of Unemployment Insurance Premiums issued by the Ministry of Labor and Social Security stipulate the circumstances under which employment is interrupted not due to one's will, mainly including: termination of labor contract, termination of labor contract by the employer, dismissal, dismissal or dismissal of the employee by the employer, and resignation of the employee due to the employer's violation of the law or violation of the labor contract.

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.

3. Have been registered as unemployed and have job search requirements. The purpose of unemployment registration is to grasp the basic information of the unemployed and confirm their qualifications. The requirement to seek employment is due to the fact that an important function of unemployment insurance is to facilitate the re-employment of the unemployed.

This is a prerequisite for enjoying unemployment insurance benefits, and it is also the obligation of the unemployed to fulfill their obligations.

2. What should I do if I want to get a certificate from the unemployment insurance company?

There are conditions for receiving unemployment insurance, and those who voluntarily resign are not entitled to unemployment insurance benefits. However, the employer is obliged to issue a certificate of termination of the labor relationship, and if the negotiation fails, it has no choice but to apply for labor arbitration for settlement, or file a complaint with the labor inspection department where the enterprise is located. Participating in unemployment insurance in accordance with the provisions of the "Unemployment Insurance Regulations", and the employer and the person have fulfilled the obligation to pay contributions in accordance with the provisions for one year; Interruption of employment not due to the person's will; The judgment has been registered as unemployed and there is a requirement to seek employment.

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. Unemployment insurance benefits are available.

Miners who have been laid off can apply for unemployment benefits. The unemployment claim application process is as follows:

1. Bring the relevant materials, including the original ID card of the applicant, fill in the "Unemployment Insurance Application Registration Form", a copy of the social security card or bank card, etc., and go to the unemployment insurance window of the service hall of the local social security bureau to go through the application procedures;

2. The Human Resources and Social Security Bureau shall conduct a preliminary examination and review, and issue the "Unemployment Insurance Payment Certificate" if the conditions are met;

3. The bank will issue the social security card or bank card of the unemployed on a monthly basis;

4. It should be noted that certain conditions need to be met to receive unemployment insurance money, including those who have participated in the insurance in accordance with the regulations and paid social security for one year before becoming unemployed, and whose employment has been interrupted not due to their own will. The process of receiving unemployment benefits may vary from place to place, so please call your local social security service** for advice.

The criteria for receiving unemployment benefits are as follows:

1. The condition for receiving unemployment insurance money is that the unemployed person has participated in unemployment insurance and has paid unemployment insurance premiums for one year, followed by the reason for unemployment is not his own reason, and finally the unemployed person has registered for unemployment and expressed his willingness to seek employment. The standard for the payment of unemployment insurance benefits is 70% to 90% of the city's minimum wage;

2. According to the provisions of the "Social Insurance Law", if an unemployed person meets the following conditions, he shall receive unemployment insurance money from unemployment insurance**;

Before becoming unemployed, the employer and the person have paid unemployment insurance premiums for one year or more; Interruption of employment not due to the person's will; and those who have been registered as unemployed and have a job search request.

Unemployment Benefit Receipt Materials:

An unemployed person applying for unemployment insurance money should fill in the "Application Form for Unemployment Insurance Money" and present the following supporting materials:

1. My identity and my **;

2. The labor contract of termination or liberation issued by the unit;

3. Job search certificate issued by the employment agency of the administrative department of the Department of Labor and Social Security.

To sum up, the conditions for receiving unemployment subsidies are: employees have permanent residence in the city, interrupt employment within the legal working age without their own will, complete unemployment registration according to regulations, pay unemployment insurance premiums for less than one year during their employment, and have special difficulties in life. The standard of receipt is that the employer and the employee have paid contributions for one year but less than five years in accordance with the regulations before becoming unemployed, and the maximum period of receiving unemployment insurance benefits is 12 months.

Legal basis]:

Article 14 of the Regulations on Unemployment Insurance.

Unemployed persons who meet the following conditions of the Silver Family can receive unemployment insurance benefits:

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) Have been registered as unemployed and have a job search request.

The analysis of the above questions is as follows: Can you get unemployment insurance if you are fired from the company? The Measures for the Application and Payment of Unemployment Insurance Premiums, promulgated by the Ministry of Labor and Social Security of the People's Republic of China and implemented on 1 January 2001, clearly stipulate the conditions for unemployed persons to receive unemployment insurance:

If an unemployed person meets the conditions stipulated in Article 14 of the Regulations, he may apply to receive unemployment insurance money and enjoy other unemployment insurance benefits. Among them, the interruption of employment not due to one's own will refers to the following persons:

1) Termination of the labor contract;

2) The labor contract is terminated by the employer;

3) Being dismissed, removed or dismissed by the employer;

4) In accordance with Article 32 of the Labor Law of the People's Republic of China.

Clause. 2. Termination of labor contract with the employer in the third paragraph;

5) Laws and administrative regulations provide otherwise. Therefore, as long as the chaos is not the initiative to interrupt the work, the payment has been more than 1 year, you can receive unemployment pension unemployment pension, you must have terminated the labor relationship with the unit, and the labor relationship can only be received if you do not want to terminate the labor relationship, the cumulative payment reaches one year, if you resign or the contract expires and the individual does not renew, you can not receive unemployment benefits. The details are as follows:

1. According to Article 14 of the Regulations on Unemployment Insurance, unemployed persons who meet the following conditions can 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) Have been registered as unemployed and have a job search request.

2. How much to receive: If the unemployed person has paid contributions for 1 year but less than 5 years in accordance with the provisions of the unit and himself 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.

The monthly standard for receiving it varies from city to city, so you should consult the local social security agency.

3. How to receive unemployment benefits that meet the conditions for receiving unemployment benefits, generally within 60 days, you need to provide materials for the termination of 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.

Legal Analysis: Eligible is fine. If you are dismissed from your employer for absenteeism, you may apply for unemployment insurance money if you have paid unemployment insurance money for more than one year.

Legal basis: Labor Contract Law of the People's Republic of China

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 Under any of the following circumstances, the employer may terminate the contract of the Labor and Information Department:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.