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What to do if the reason for dismissal does not meet the requirements of applying for unemployment benefits

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What to do if the reason for dismissal does not meet the requirements of applying for unemployment benefits


        

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  • 2024-06-17 06:00:55

    The reason for quitting the job does not meet the requirements for applying for unemployment compensation. The lawyer suggests that you go to the social security center to handle unemployment registration and filing within 60 days after the unit terminates the contract. If you did not handle the unemployment compensation receiving procedures at that time, you can collect unemployment compensation together for the accumulated months when the labor contract is terminated again after paying the social security for the next re employment. There are certain conditions for enjoying unemployment benefits: (1) Unemployment and job search registration have been handled according to regulations. Only those who meet the above conditions can enjoy unemployment insurance benefits. (2) Participate in unemployment insurance according to regulations, and the employer and the employee have fulfilled their payment obligations according to regulations for more than one year; (3) Interrupting employment within the legal working age without his own will.

    Legal basis

    Article 37 of the Labor Contract Law of the People's Republic of China (2012 Revision) [The laborer gives notice in advance to terminate the labor contract] The laborer may terminate the labor contract by giving a written notice to the employer 30 days in advance. The laborer may terminate the labor contract by notifying the employing unit three days in advance during the probation period.

    Article 38 of the Labor Contract Law of the People's Republic of China (Revised in 2012) [Unilateral Termination of Labor Contract by Employee] If the employer has one of the following circumstances, the employee can terminate the labor contract:
    (1) Failing to provide labor protection or working conditions as agreed in the labor contract;
    (2) Failing to pay labor remuneration in full and on time;
    (3) Failing to pay social insurance premiums for workers according to law;
    (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
    (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
    (6) Other circumstances under which the labor contract may be terminated as stipulated by laws and administrative regulations.
    If the employing unit forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employing unit commands or forces the laborer to work at risk in violation of regulations, which endangers the personal safety of the laborer, the laborer may immediately terminate the labor contract without informing the employing unit in advance.

    M***

    2024-06-17 06:00:55

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