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According to the labor law, if you are absent from work for many days, if the employer can prove other shortcomings in your work, because of serious disciplinary violations, the employer will notify you in writing 30 days in advance, plus because of your personal reasons, you do not need to pay compensation.
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1. Conditions for receiving unemployment benefits:
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. For example, subsidies for receiving vocational training and employment introduction during the period of receiving unemployment insurance benefits.
2. How to calculate unemployment benefits.
Unemployment insurance benefits are calculated from the date of unemployment registration. The specific criteria are as follows:
1) If the unemployed person's unit and himself have paid contributions for one year but less than five years in accordance with the provisions before becoming unemployed, the maximum period for receiving unemployment insurance money is 12 months;
2) If the cumulative period of payment is 5 years but less than 10 years, the maximum period for receiving unemployment insurance money is 18 months;
3) If the cumulative payment period is more than 10 years, the maximum period for 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 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 apply for unemployment benefits.
1) Apply for the "Unemployment Certificate".
Generally, the following documents should be brought to the unemployment insurance agency to go through the procedures for the "Unemployment Certificate":
1.Hukou booklet, resident ID card;
2.Proof of termination or dissolution of employment relationship;
3.Proof of academic qualifications;
4.Recently, 2 bareheaded one-inch **2.
2) Apply for unemployment benefits.
Generally, the following documents should be brought to the unemployment insurance agency to go through the procedures for receiving unemployment benefits:
1.A copy of the labor contract (stamped with the official seal of the unit) and the original agreement on the termination of the labor contract;
2.Original and photocopy of ID card and original household registration certificate;
3.3 recent bareheaded one-inch **3;
4.The "Unemployment Insurance Payment Certificate" that has been inspected annually.
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If you resign from your employer, you can receive unemployment benefits.
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Legal analysis: To receive unemployment benefits, three conditions must be satisfied: (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) Those who have already registered as unemployed and have requirements to seek employment.
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) Those who have already registered as unemployed and have requirements 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; For those who have made contributions for more than 10 years, the maximum period for 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.
Article 47 The standard of unemployment insurance money shall be determined by the people of the province, autonomous region, or municipality directly under the Central Government, and shall not be lower than the minimum subsistence guarantee standard for urban residents.
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1. Can I receive unemployment benefits if I am dismissed by the employer?
1. Those who are dismissed by the unit can receive unemployment benefits. Because the employee is dismissed by the company, the employee interrupts his employment without his will, and as long as the employee meets the requirements for receiving unemployment benefits under other conditions, then he can enjoy unemployment insurance benefits.
2. Legal basis: Article 16 of the Regulations on Unemployment Insurance.
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.
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 a document for the unemployed person to receive unemployment insurance money, and the unemployed person shall collect unemployment insurance money at a designated bank with the document.
2. Can I receive unemployment benefits if I leave the company after the expiration of the labor contract?
1. If you resign voluntarily, you cannot receive unemployment benefits.
2. If the labor contract expires and the employer is unwilling to renew the contract, it can receive unemployment insurance money and claim economic compensation at the same time.
Unemployed persons who meet the following conditions can receive unemployment insurance benefits:
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. Have been registered as unemployed and have job search requirements.
The labor contract shall be terminated upon the expiration of the labor contract or the occurrence of the conditions for the termination of the labor contract agreed by the parties.
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Unemployed persons who have been dismissed by the company and have paid unemployment insurance premiums for one year can receive unemployment insurance 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 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.
Paragraph 3 of Article 50 stipulates that an unemployed person shall, on the basis of his unemployment registration certificate and personal identity certificate, go through the formalities of receiving unemployment insurance money at the social insurance agency. The period for receiving unemployment insurance money is calculated from the date of unemployment registration.
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Those who are dismissed by the unit and meet the following conditions may receive unemployment insurance money: those whose employment is interrupted not due to their own will; have been registered as unemployed and have a request to seek employment; The employer and the person who have paid unemployment insurance premiums for one year or more have been absent from the previous employment. The period for receiving unemployment insurance money is calculated from the date of unemployment registration.
Legal basis. Article 45 of the Full Text 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) Before becoming unemployed, the employer and the person have argued that they have paid unemployment insurance premiums for one year; 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.
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