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1.You can't claim unemployment benefits if you quit your job.
2.If you need to find a job, you can get it after you have registered as unemployed.
3.It shall be handled within 60 days from the date of termination of the labor contract.
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) Have been registered as unemployed and have a request to seek employment.
1.To participate in unemployment insurance in accordance with the regulations, 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 his own will, i.e. the unemployed person is unwilling to interrupt employment, but is forced to interrupt employment for reasons beyond his or her 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:
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.
3.You have been registered as unemployed and have a job search requirement. 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.
Other materials prescribed by the provincial labor and social security administrative department. Within 60 days from the date of termination of the labor contract, the applicant shall go through the application procedures for unemployment insurance at the business agency (generally the sub-district or township employment service agency where the household registration is located). Once it has exceeded 60 days, it will not be processed, so be sure to apply it quickly.
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Those who voluntarily resign cannot get unemployment insurance.
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After leaving the job, you can receive unemployment benefits if you pay social security by yourself and meet the conditions. If the cumulative payment period is 1 year but less than 5 years, 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.
Unemployed persons who meet the following conditions can receive unemployment insurance benefits:
1. Those who have participated 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. Interruption of employment not due to one's own will;
3. Have been registered as unemployed and have job search requirements.
We can understand that according to the regulations, the insurance paid by ourselves can receive unemployment benefits if they meet certain conditions, which is a relevant provision in the law, and I hope you can understand.
[Legal basis].
Unemployment Insurance Regulations
Article 14. Unemployed persons who meet the following conditions 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.
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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If you get unemployment benefits, you can't pay pension insurance, as follows:
1. The endowment insurance agency shall properly keep its basic endowment insurance relationship and personal account. For unemployed persons who have reached the statutory retirement age and meet the requirements for retirement, the unemployment insurance agency shall hand over their files and other relevant formalities to the pension insurance agency, and enjoy the pension insurance benefits in accordance with the regulations, and the unemployment insurance money and related benefits that they have not yet received shall be suspended;
2. In principle, the pension insurance premiums interrupted by the unemployed persons during the period of non-employment shall not be paid in retrospect. If an unemployed person has not received unemployment insurance money and has not been re-employed, and he voluntarily continues to pay pension insurance premiums, he may continue to pay as a freelancer.
[Legal basis].Article 64 of the Social Insurance Law of the People's Republic of China.
Social insurance** includes basic endowment insurance**, basic medical insurance**, work-related injury insurance**, unemployment insurance** and maternity insurance**. In addition to the basic medical insurance** and maternity insurance** combined accounts and accounting, other social insurance** according to the type of social insurance separately established and accounted for. Social insurance** implements a unified national accounting system.
The special funds for social insurance are used exclusively and shall not be embezzled or misappropriated by any organization or individual.
The basic endowment insurance will gradually implement the national overall planning, and other social insurance will gradually implement the provincial overall planning, and the specific time and steps shall be stipulated by the national level.
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Analysis of legal cheats: First, quit your job, but you haven't found a new company yet. In this case, as long as you have paid for more than one year, you can receive 4-12 months of unemployment benefits, depending on your personal situation and local social security policies.
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 the employee 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.
Article 46 Where an unemployed person has paid contributions for one year but less than five years before he or she becomes unemployed, the maximum period for receiving unemployment insurance money shall be 12 months; If the cumulative contributions have been made for five years but less than 10 years, the maximum period for receiving unemployment insurance benefits is 18 months; If the cumulative contribution is more than 10 years, the maximum period of receiving unemployment insurance money 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 shall be calculated together with the period for which unemployment insurance money should have been received but not yet received in the previous unemployment, and shall not exceed 24 months.
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During the period of receiving unemployment benefits, pension insurance can be paid. The law only stipulates that if an unemployed person reaches the statutory retirement age and enjoys basic pension insurance benefits, he shall cease to receive unemployment insurance benefits and cease to enjoy other unemployment insurance benefits. If an unemployed person receives unemployment benefits temporarily, he or she can continue to pay pension insurance.
According to the provisions of Article 51, Paragraph 1, Item 4 of the Social Insurance Law of the People's Republic of China, if an unemployed person falls under any of the following circumstances during the period of receiving unemployment insurance money, he shall cease to receive unemployment insurance money and at the same time cease to enjoy other unemployment insurance benefits:
4) Those who enjoy basic pension insurance benefits.
During the period of receiving unemployment benefits, pension insurance can be paid. The law only stipulates that if an unemployed person reaches the statutory retirement age and enjoys basic pension insurance benefits, he shall cease to receive unemployment insurance benefits and cease to enjoy other unemployment insurance benefits. If an unemployed person receives unemployment benefits temporarily, he or she can continue to pay pension insurance.
According to the provisions of Article 51, Paragraph 1, Item 4 of the Social Insurance Law of the People's Republic of China, if an unemployed person falls under any of the following circumstances during the period of receiving unemployment insurance money, he shall cease to receive unemployment insurance money and at the same time cease to enjoy other unemployment insurance benefits:
4) Those who enjoy basic pension insurance benefits.
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Summary. Hello.
No. 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;
Can I get unemployment benefits if I pay social security after leaving my job?
Hello, I have seen your question and am sorting out the answer, please wait a minute.
After leaving the job, they pay the medical insurance and pension insurance for flexible employees. Can I apply for unemployment benefits?
If the unemployed person is unemployed, the unit where he or she works and the person who have paid contributions in accordance with the regulations for 1 year but less than 5 years in accordance with the regulations shall receive the maximum period of 12 months for the unemployment insurance benefit; If the cumulative payment period is 5 years but less than 10 years, the maximum period for receiving unemployment insurance benefits is 18 months.
Do I need to stop Medicare and Pension to receive unemployment benefits?
It's okay to suspend payment.
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