Lawyer Nguyen Thu Thuy, YouMe Law Company Limited replied:
Article 53 of the Employment Law 2013 stipulates the suspension, continuation, and termination of unemployment benefits as follows:
1. People receiving unemployment benefits will have their unemployment benefits suspended when they do not notify them of their monthly job search as prescribed in Article 52 of this Law.
2. Employees who are temporarily suspended from receiving unemployment benefits, if they still have time to receive unemployment benefits according to the decision, will continue to receive unemployment benefits when making monthly job search notices as prescribed in Article 52. of this Law.
3. People receiving unemployment benefits will have their unemployment benefits stopped in the following cases:
a) Expiration of unemployment benefits;
b) Find a job;
c) Perform military service and police service;
d) Receive monthly pension;
d) After 02 times of refusing to accept a job introduced by the employment service center where you are receiving unemployment benefits without a valid reason;
e) Failure to submit monthly job search notices as prescribed in Article 52 of this Law for 03 consecutive months;
g) Going abroad to settle or work abroad under contract;
h) Going to study for a period of 12 months or more;
i) Being administratively sanctioned for violations of unemployment insurance laws;
k) Death;
l) Comply with the decision to apply the measure of sending to reformatories, compulsory education establishments, and compulsory detoxification establishments;
m) Declared missing by the court;
n) Detained; serve a prison sentence.
4. Employees whose unemployment benefits are terminated in the cases specified in Points b, c, h, l, m and n, Clause 3 of this Article are entitled to reserve the unemployment insurance payment period as a basis. to calculate the time to receive unemployment benefits for the next time when the conditions specified in Article 49 of this Law are met.
The reservation period is calculated by the total time of paying unemployment insurance minus the time of paying for unemployment benefits, on the principle that each month of receiving unemployment benefits corresponds to 12 months of paying for unemployment insurance.
Thus, people receiving unemployment benefits who go to work abroad under a contract are subject to termination of unemployment benefits according to the regulations cited above.
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