Hello, as for the question you asked about whether the company could receive unemployment benefits after leaving the company automatically after arrears of wages, I would like to analyze the following for you: according to the relevant provisions of the Social Insurance Law and the Unemployment Insurance Regulations, three conditions should be met at the same time to receive unemployment benefits: 1) Unemployment insurance premiums have been paid for one year or more; 2) Interruption of employment not due to my will; 3) Unemployment registration has been handled and there are job requirements. In your case, the key point lies in the identification of the nature of automatic resignation. If the company is forced to leave because of long-term arrears of wages, in theory, it can be claimed that it is involuntary. But in actual operation, attention should be paid to: 1 It is suggested to request the company to pay salary within a time limit in written form (such as EMS) and retain relevant evidence 2. If the company fails to pay within the time limit, it can claim to terminate the labor contract in accordance with Article 38 of the Labor Contract Law. In this case, leaving the company is legally deemed as forced termination and meets the conditions for claiming unemployment compensation 3. Direct selection of voluntary resignation may be deemed as voluntary resignation, which affects the application for unemployment benefits. We suggest that you: 1. First collect the evidence of wage arrears (such as payslip, bank statement, reminder record, etc.) 2. Terminate the labor contract through formal procedures 3. Go to the local social security agency for unemployment registration in a timely manner after resignation. If the agency does not recognize the situation, you can apply for labor arbitration to confirm the nature of resignation. If you need further help, please feel free to contact.
