On the issue of unemployment benefits and subsistence allowances

You can only receive unemployment benefits if the company dismisses you, and you cannot receive unemployment benefits if you resign voluntarily.

An unemployed person must meet the following conditions to receive unemployment insurance money:

a) Participate in unemployment insurance in accordance with the regulations, and the employer and the person have fulfilled the obligation to pay contributions for one year or more in accordance with the regulations;

b) Interruption of employment not due to your own will, that is to say, the company dismisses you, not your voluntary resignation;

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

During the period when you receive unemployment benefits, you cannot go to social security, and the biggest impact is that the pension insurance will be interrupted.

After your company terminates the labor contract, if you want to receive unemployment benefits, your company should go to the social security center to go through your unemployment procedures, and after the completion of the work, the social security center will issue an "unemployment registration notice", and then go to the street social security department where the household registration is located to handle it specifically.

The handling method is slightly different in each district and county. Taking Chaoyang District, Beijing as an example, the unemployed should bring their ID cards, household registration books, and 4 one-inch ** to the relevant departments for registration, and wait for the unemployed people's files to arrive at the street before they can handle it, and the general files can start to receive unemployment benefits one month later.

During the period of receiving unemployment benefits, they must "report" to the neighborhood social security department on the prescribed date every month, and those who do not sign for two consecutive months are deemed to have found a job and will not continue to pay unemployment benefits. In addition, unemployment benefits in most areas will be paid directly to personal bank accounts, and no cash will be received at the social security department.

General unemployment benefits can only be enjoyed after paying unemployment insurance for more than one year, and two months for each full year of payment. The details vary from place to place.

Laid-off workers may apply to the neighborhood committee under the condition that they are unable to work. Search for it and you'll find out.

There should be a law on this.

After working for one year, you can ask the employer to surrender the insurance for you, and then you take the unemployment application form issued by the unit to you and go to the Labor and Social Security Bureau to handle it, and you need to go to the designated place to open an account (China Post), and you can receive it after 2 months.

Unemployment benefits. The differences and specific manifestations of the minimum living allowance are:

1. Conditions for receiving unemployment and noisy funds:

Participate in the unemployment insurance of the regiment according to the regulations.

The single vacant waiter and the person have fulfilled the payment obligation in accordance with the regulations for 1 year; Interruption of employment not due to the person's will; This includes the following:

1) If the labor contract is terminated, the contract expires; (2) The labor contract is terminated by the employer;

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

2. The following three categories of persons can apply for the minimum subsistence allowance for urban residents:

1) Residents who have no livelihood, no ability to work, and no legal supporter or supporter;

2) Residents who are still unable to re-employ during the period of receiving unemployment benefits or after the expiration of unemployment benefits, and whose per capita household income is lower than the minimum living security standard;

3) Incumbents and laid-off personnel are receiving wages or minimum wages.

After basic living expenses and retirees receive a pension.

Residents whose per capita household income is still below the minimum subsistence security standard are still below the subsistence allowance.

Unemployment insurance money is commonly known as "unemployment insurance", which belongs to the conventional unemployment insurance benefits; The unemployment allowance is a temporary and phased measure newly introduced by the State Council of Friends of State during the epidemic prevention and control period, and the initial application time limit is until December 31, 2020, but some regions have extended the application time limit to June 30 this year.

Differences in application conditions.

Unemployment insurance premiums: The employer and the applicant have paid unemployment insurance premiums for one year or more before becoming unemployed, or have paid unemployment insurance premiums for less than one year but have a time limit for receiving unemployment insurance premiums; Interruption of employment not due to the person's will; Have been registered as unemployed and have a job search requirement.

Unemployment Benefits: Generally speaking, you can receive unemployment insurance if you have paid unemployment insurance and are now unemployed. Specific implementation policies may vary from place to place.

Differences in issuance standards.

Unemployment insurance premiums: Paid at a level lower than the local minimum wage and higher than the minimum subsistence security standard for urban residents, for a maximum of 24 months. During the period, you can enjoy other unemployment insurance benefits at the same time.

Unemployment allowance: The standard is not higher than 80% of the local unemployment insurance premium, and the period of receipt is 6 months. During the period of collection, they are not entitled to unemployment insurance money, basic medical insurance premiums, funeral subsidies and pensions.

It should be noted that unemployment insurance and unemployment benefits cannot be paid at the same time.

The difference between the period of receipt and the number of years of payment.

Unemployment insurance money: For those who receive unemployment insurance money, unemployment insurance money is paid on a monthly basis. If an unemployed person's employer and himself or herself 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.

Among them, those who have paid contributions for one year or more can receive three months of unemployment insurance benefits. For each additional year of cumulative payment time, 3 months of unemployment insurance premiums will be added; If the cumulative payment period is less than 10 years after 5 years, the unemployment insurance premium will be increased by 1 month for each additional year of the cumulative payment time, and the maximum period for receiving unemployment insurance money is 18 months; If the cumulative payment period is 10 years or more, the period for receiving unemployment insurance benefits is 24 months.

Unemployment Benefits: Unemployment benefits can only be applied for once, and unemployment benefits are not available in the month of enrollment. The maximum period of receipt is 6 months, calculated from the month in which the unemployed person meets the requirements, and will be paid on a monthly basis and credited to the account in the next month.

It should be noted that applications are currently closed for most regions.

Subsistence allowance is the abbreviation of the minimum subsistence allowance for late-type urban residents. In 1997, the "Notice on the Establishment of a Minimum Subsistence Security System for Urban Residents in the Country" (Guo Fa 1997 No. 29) was issued, requiring that by the end of 1999, cities at or above the county level and towns where the county is located should establish a Changli system for the minimum subsistence security for urban residents. For urban residents with non-agricultural household registration whose per capita household income is lower than the local minimum living security standard, they are included in the scope of urban residents' minimum living security, and the required funds are included in the financial budget by local people at all levels.

Unemployment insurance moneyUnemployment insurance money is the basic living expenses received by the unemployed during the period of unemployment, and is the main unemployment insurance benefit. As long as the unemployed laborers and their units before becoming unemployed have participated in unemployment insurance in accordance with the law and fulfilled their obligation to pay contributions, regardless of the economic situation of the unemployed person's family, as long as they meet the conditions for receiving unemployment insurance money, unemployment insurance money will be paid according to the legal amount of the amount to be paid, and there is a time limit for the payment of unemployment insurance money, and the maximum period for receiving unemployment insurance money in China is 24 months. To apply for the subsistence allowance, the application should be made to the neighborhood committee where the household registration is located, and the neighborhood committee will conduct a household survey and publish the list.

If the place of residence and the place of household registration are not the same, they can apply to the neighborhood committee or unit of the place of residence to conduct a household survey and issue a certificate, and then apply for the subsistence allowance at the neighborhood committee where the household registration is located.

The minimum subsistence allowance is different from the unemployment benefit, which is a temporary compensation for the loss of wage income during the period of unemployment by the unemployed person who is unemployed or whose employment is interrupted by his own will. The minimum subsistence allowance refers to a certain amount of cash assistance given by the state to the population whose per capita household income is lower than the minimum living standard announced by the local government.

The recipients, conditions, and standards of the minimum subsistence allowance and the unemployment allowance are different.

Legal analysis: If an unemployed person meets the conditions for minimum living security, he or she enjoys: 1

receiving unemployment insurance benefits; 2.If a person falls ill and seeks medical treatment during the period of receiving unemployment insurance money, he may receive medical subsidies in accordance with regulations; 3.The family members of an unemployed person who dies during the period of receiving unemployment insurance money may receive funeral subsidies and pensions; 4.

During the period of receiving unemployment insurance benefits, you can receive vocational training and employment agency subsidies.

Legal basis: Article 23 of the "Regulations of the People's Republic of China on Unemployment Insurance, Transportation and Risk-Tolerance" If an unemployed person meets the conditions for the minimum subsistence guarantee for urban residents, he or she shall enjoy the minimum subsistence security treatment for urban residents in accordance with the regulations.

The standard of unemployment insurance premiums shall be determined by the provincial-level people** in accordance with the principle of being lower than the local minimum wage standard and higher than the minimum subsistence security standard for urban residents.

Legal basis. Circular of the Ministry of Labor and Social Security on Carrying out Labor Security Policy Consultation Activities "Unemployment insurance benefits mainly include: unemployment insurance benefits, medical subsidies during the period of receiving unemployment insurance benefits, funeral subsidies for unemployed persons who die during the period of receiving unemployment insurance benefits, and pensions for their dependent spouses and immediate family members.

In addition, unemployed persons who receive vocational training or employment introduction during the period of receiving unemployment insurance money may be given subsidies.

The standard of unemployment insurance benefits shall be determined by the provincial-level people** in accordance with the principle of being lower than the local minimum wage standard and higher than the minimum subsistence security standard for urban residents. The standard of medical subsidy is set by the provincial people**. The standard of funeral allowance and pension shall be handled with reference to the regulations of local employees and shall be paid in a lump sum.

The period for receiving unemployment insurance money is determined by the unemployed person's unit and the time for which he or she has paid contributions in accordance with the provisions before he or she becomes unemployed, and the maximum period of 12 months shall not exceed 12 months if it is less than 5 years; if it has been 5 years but less than 10 years, the maximum shall not exceed 18 months; If it is more than 10 years, the maximum shall not exceed 24 months. The principle of determining the cumulative payment time: First, before the implementation of individual payment, the length of service calculated according to the provisions of the state is regarded as the payment period, and the payment period after the promulgation of the "Regulations" is combined with the calculation of the payment period.

Second, if an unemployed person becomes unemployed again after being re-employed during the period of receiving unemployment insurance money, the period of receipt may be combined with the period of unpaid unemployment in the previous unemployment, and if he is re-employed and unemployed again for less than one year, he or she may receive unemployment insurance money that has not been received in the previous unemployment.

The standard of unemployment insurance premiums shall be determined by the people of provinces, autonomous regions, and municipalities directly under the Central Government, and shall not be lower than the minimum subsistence security standard for urban residents. According to the provisions of the "Unemployment Insurance Regulations", the standard of unemployment insurance money shall be determined by the people of the provinces, autonomous regions and municipalities directly under the Central Government in accordance with the level lower than the local minimum wage standard and higher than the minimum living security standard for urban residents.

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.

Article 47 of the Social Insurance Law of the People's Republic of China The standard of unemployment insurance benefits shall be determined by the people of provinces, autonomous regions and municipalities directly under the Central Government, and shall not be lower than the minimum subsistence security standard for urban residents.

Article 48 During the period of receiving unemployment insurance money, an unemployed person shall participate in the basic medical insurance for employees and enjoy the benefits of basic medical insurance.

The basic medical insurance premiums that the unemployed should pay shall be paid from the unemployment insurance**, and the individual shall not pay the basic medical insurance premiums.

Article 49 Where an unemployed person dies while receiving unemployment insurance money, a one-time funeral subsidy and pension shall be paid to his surviving family members with reference to the local regulations on the death of an in-service worker. The required funds are paid out of unemployment insurance**.

If an individual dies and meets the conditions for receiving the basic pension insurance funeral subsidy, work-related injury insurance funeral subsidy and unemployment insurance funeral subsidy at the same time, the surviving family can only choose to receive one of them.

Article 50 An employer shall promptly issue a certificate of termination or dissolution of labor relations for an unemployed person, and inform the social insurance agency of the list of unemployed persons within 15 days from the date of termination or dissolution of the labor relationship.

An unemployed person shall, in a timely manner, register as unemployed at a designated public employment service agency with the certificate of termination or dissolution of labor relations issued by his or her own unit.

Unemployed persons can go through the formalities of receiving unemployment insurance money at the social insurance agency with their unemployment registration certificate and personal identity certificate. The period for receiving unemployment insurance money is calculated from the date of unemployment registration.