Can I receive unemployment benefits under Article 40, Paragraph 2 of the Contract Law?

Article 40 of the Contract Law does not contain a second paragraph. In addition, if the conditions for receiving unemployment benefits are met, they can receive unemployment benefits in accordance with the law.

Contract Law of the People's Republic of China

Article 40: Where standard clauses have the circumstances provided for in Articles 52 and 53 of this Law, or where the party providing the standard clauses exempts itself from liability, increases the liability of the other party, or excludes the main rights of the other party, the clause is invalid.

Unemployment Insurance Regulations

Article 14 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) 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.

In this case, you will not be able to receive unemployment benefits, and unemployment insurance must be paid for at least one year.

1. Can you get it?

According to Article 14 of the Regulations on Unemployment Insurance, 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) Have been registered as unemployed and have a job search request.

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. The monthly standard for receiving is different from place to place.

3. How to receive.

If you meet the conditions for receiving unemployment benefits, you generally need to provide materials for terminating the labor contract, ID card, household registration book, **, etc., to apply to the social security agency of the insured city to receive unemployment benefits within 60 days, and the unemployed can only receive unemployment benefits after unemployment registration and training. Generally, it is paid in the next month after unemployment, which is paid by punching in and received locally on a monthly basis (in rural households, in some places, a one-time unemployment benefit is issued). Due to the different procedures, it is recommended that you consult the local social security agency.

Summary. Hello dear! According to:

Labor Contract Law of the People's Republic of China Article 39 The termination of a labor contract shall be deemed to be the legal termination of the labor contract by the employer, and the worker may receive unemployment insurance. Conditions for receiving unemployment benefits: The employer and the employee have paid unemployment insurance premiums for one year before becoming unemployed.

1) Terminate the labor contract in accordance with the provisions of Paragraphs 1, 4 and 5 of Article 44 of the Labor Contract Law; (2) The employer terminates the labor contract in accordance with Articles 39, 40 and 41 of the Labor Contract Law; (3) The employer proposes to terminate the labor contract to the employee in accordance with Article 36 of the Labor Contract Law and terminates the labor contract through consultation with the employee; (4) The employer proposes to terminate the employment contract or is dismissed, removed or dismissed by the employer; (5) The employee terminates the labor contract in accordance with Article 38 of the Labor Contract Law; (6) Other circumstances stipulated by laws, regulations, and rules.

Hello dear! If the labor contract is terminated, the employer shall legally terminate the labor contract, and the employee may receive unemployment insurance.

Hello dear! According to Article 39 of the Labor Contract Law of the People's Republic of China, the termination of a labor contract is a legal termination of the labor contract by the employer, and the worker may receive unemployment insurance.

Conditions for receiving unemployment benefits: The employer and the employee have paid unemployment insurance premiums for one year before becoming unemployed. (1) Terminate the contract in accordance with the provisions of Paragraphs 1, 4 and 5 of Article 44 of the Labor Contract Law; (2) The employer terminates the labor contract in accordance with Articles 39, 40 and 41 of the Labor Contract Loss Inspection Law; (3) The employer proposes to terminate the labor contract to the employee in accordance with Article 36 of the Labor Contract Law and terminates the labor contract through consultation with the employee; (4) The employer proposes to terminate the employment contract or is dismissed, removed or dismissed by the employer; (5) The employee terminates the labor contract in accordance with Article 38 of the Labor Contract Law; (6) Other circumstances stipulated by laws, regulations, and rules.

Summary. Hello dear, glad for your question oh <>

Unemployment benefits may be received under Article 39, Paragraph 1 of the Labor Contract Law. <> analyze <> from a legal point of view

Yes, if the labor contract is not renewed upon expiration, the employer may terminate the labor contract, and the employer and the employee shall issue a valid certificate of dissolution or termination of the labor relationship within 15 days from the date of dissolution or termination of the labor contract. The worker may directly go through the unemployment registration formalities and receive unemployment security after receiving the labor contract from the employer with valid supporting materials. To receive unemployment benefits, the following conditions must be met:

1. The employer and the person have paid unemployment insurance premiums for one year before becoming unemployed; 2. The subjective will is not due to the person's will to interrupt the employment; 1) Terminate the labor contract in accordance with the provisions of Paragraphs 1, 4 and 5 of Article 44 of the Labor Contract Law;

Unemployment benefits may be received under Article 39, Paragraph 1 of the Labor Contract Law.

Hello dear, glad for your question oh <>

Unemployment benefits may be received under Article 39, Paragraph 1 of the Labor Contract Law. <> analyze <> from a legal point of view

Yes, if the labor contract is not renewed upon expiration, the employer may terminate the labor contract by reading the match, and the employer and the employee shall issue a valid certificate of dissolution or termination of the labor relationship to the employee within 15 days from the date of dissolution or termination of the labor contract. The worker may directly go through the unemployment registration formalities and receive unemployment security after receiving the labor contract from the employer with valid supporting materials. To receive unemployment benefits, the following conditions must be met:

1. The employer and the person have paid unemployment insurance premiums for one year before becoming unemployed; 2. The subjective will is not due to the interruption of employment due to the person's will; (1) The labor contract is terminated in accordance with the provisions of Paragraphs 1, 4 and 5 of Article 44 of the Labor Contract Law;

Legal basis<>

Article 44 of the Labor Contract Law stipulates that a labor contract shall be terminated under any of the following circumstances: (1) the labor contract expires; (2) The worker begins to enjoy basic pension insurance benefits in accordance with the law; (3) The laborer dies, or is declared dead or missing by the people's court; (4) The employer has been declared bankrupt in accordance with law; (5) Where the employer has been dissolved in advance by the military and its business license has been revoked, ordered to close down, revoked or dismantled; (6) Other circumstances provided for by laws and administrative regulations.

Workers may receive unemployment insurance benefits if they meet the following legal conditions.

Legal basis: Social Insurance Law.

Article 45 An unemployed person who meets the following conditions shall be subject to unemployment insurance**.

Unemployment insurance benefits:

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 will of the person;

3) Unemployment registration has been carried out.

and have job search requirements.

Implement several provisions of the Social Insurance Law of the People's Republic of China.

Article 13 An unemployed person who meets the requirements stipulated in Article 45 of the Social Insurance Law may apply for receiving unemployment insurance money and enjoy other unemployment insurance benefits. Among them, the interruption of employment not due to the person's will includes the following situations:

1) In accordance with the Labor Contract Law.

Termination of labor contract as provided for in Paragraphs 1, 4 and 5 of Article 44;

2) The employer terminates the labor contract in accordance with the provisions of Article 39, Article 40 and Article 41 of the Labor Contract Law;

3) The employer proposes to terminate the labor contract to the employee in accordance with Article 36 of the Labor Contract Law and terminates the labor contract through consultation with the employee;

4) The employer shall propose to terminate the employment contract.

or being dismissed, removed or expelled by the employer;

5) The employee terminates the labor contract in accordance with Article 38 of the Labor Contract Law;

6) Other circumstances provided for by laws, regulations, or rules.

Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"

Article 44 The labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired; - It is necessary to indicate that the unit does not agree to renew the contract upon expiration. Generally, the unemployment benefit must reflect the intention of dismissal from the unit that is not the person's will.

4) The employer has been declared bankrupt in accordance with law; -- It can be written directly (5) the employer has had its business license revoked, ordered to close down, revoked, or the employer has decided to dissolve ahead of schedule; - You can write directly.

Hello! If there is a labor dispute, it is recommended that you find a lawyer with labor expertise for detailed consultation.