Can I get unemployment benefits if my company leaves and defaults on social security?

Units that leave their jobs and are in arrears with social security can receive unemployment benefits.

Unemployed persons who have been insured for more than 1 year and whose employment has not been interrupted due to their own wishes may apply to the unemployment insurance agency for unemployment insurance benefits.

"Involuntary termination of employment relationship" includes the following situations:

1, the labor contract expires or the employer's qualification dies, and the labor contract is terminated;

2, the employer due to serious difficulties in production and operation, major changes in objective conditions and other reasons to terminate the labor contract;

3. The employer terminates the labor contract because the employee violates discipline, rules and regulations or is incompetent and without fault;

4. Dissolve the labor contract through negotiation;

5. The employee voluntarily terminates the labor contract due to the employer's illegal acts such as wage arrears and failure to pay insurance;

6. Other circumstances stipulated by laws, regulations and rules.

The process of receiving unemployment benefits is as follows:

1. The insured unit shall issue two certificates of dissolution (termination) of labor relations, one for the unemployment insurance center and the other for the labor dispute arbitration committee of the Labor Security Bureau for the record;

2, the unemployment insurance center with the insured units issued by the "proof of termination of labor relations", the unemployed were strictly investigated and verified; (Unemployed persons carry the labor contract signed with the unit), and two unemployment insurance application registration forms shall be issued, and the job registration form shall be 1 copy.

3. Unemployed persons should fill in all the columns on the front of the unemployment insurance application registration form, and leave spaces in the opinions of the family planning relationship acceptance unit on the back. Please go to the family planning relationship acceptance unit where the account is located and stamp it. Fill in the job registration form carefully;

4. The applicant shall submit three one-inch color photos and a copy of the unemployed person's ID card;

5. After completing the formalities, you can get unemployment insurance money from the district-level labor and social security department of your domicile or temporary residence.

To sum up, even if the unit fails to pay social security, it still meets the conditions for receiving unemployment benefits after leaving the company. Those who need to receive unemployment benefits can prepare materials and go to the designated place to handle them.

Legal basis:

Article 45 of People's Republic of China (PRC) Social Insurance Law

Unemployed persons who meet the following conditions shall receive unemployment insurance money from the unemployment insurance fund:

(a) before unemployment, the employer and I have paid unemployment insurance premium 1 year;

(two) the employment is not interrupted because of my will;

(three) registered unemployed and have job requirements.