Is it fraud to get unemployment benefits for a job?

It is fraud to get unemployment benefits when you have a job.

Unemployed people who have been re-employed shall stop receiving unemployment insurance benefits and enjoy other unemployment insurance benefits; Unemployed people who defraud insurance money by fraudulent means shall be ordered to return it by the administrative department of social security and fined. Before unemployment, if the accumulated payment time of the employer and the unemployed person is less than 5 years 1 year, the longest period of receiving unemployment insurance benefits is 12 months; If the accumulated payment time is less than 10 years, the longest period of receiving unemployment insurance benefits is 18 months; If the accumulated payment time exceeds 10 years, the longest period for receiving unemployment insurance benefits is 24 months.

The process of handling unemployment benefits is as follows:

1. Social Security Bureau provides unemployment application. This requires the company to send personnel to the social security bureau of each unemployment insurance payment place for filing within/0/5 days before the termination date of the labor contract, and the filing is not directly aimed at the unemployed. If the total number of applicants exceeds 8, the human resources department of the company should inform the Social Security Bureau in advance to make an appointment for filing. When the company handles the employee resignation procedures, it shall hand over the audit opinions replied by the unemployment insurance agency to the resigned personnel;

2. The Social Security Bureau stipulates that before receiving unemployment benefits, unemployment insurance benefits can only pay for more than one year. Require individuals to be unemployed for reasons other than personal reasons. Those who have registered as unemployed. Re-employment is required. Willing to receive re-employment training;

3. When filing, the employer needs to submit four kinds of materials to the Social Security Bureau, namely, the dismissal notice issued by the unit and related filing materials, four copies of the unified format of the Social Security Bureau, two copies of the unemployment certificate and the unified format of the Social Security Bureau, and one copy of the unemployment registration form and the unified format of the Social Security Bureau. The company sends routine official documents to the Social Security Bureau. And affix the official seal of the unit;

4. After the unemployment registration, the Social Security Bureau will inform the unemployed to go to training and receive unemployment benefits after passing the unemployment registration, and at the same time apply for an employment permit. Unemployment insurance can be applied for three months on the basis of one-year payment, with an increase of two months for each additional year, that is, five months for two years, seven months for three years, and so on, but only 24 months at most. Medical treatment during the period of receiving unemployment insurance benefits can be reimbursed for 60% to 80% of medical expenses;

5. Personal follow-up preparation. Unemployed people, after the termination or rescission of labor relations with the employer, hold the audit documents, vocational guidance and training cards, household registration books, identity cards and three one-inch bareheaded photos issued by the Social Security Bureau, and go to the relevant departments of the street (town) where the household registration is located to handle unemployment registration and apply for unemployment insurance benefits. From next month, the unemployed will receive unemployment insurance benefits at designated places.

To sum up, unemployed people who have jobs can no longer receive unemployment insurance. Unemployment insurance refers to the basic living expenses paid by unemployment insurance agencies to eligible unemployed people according to law, and it is a temporary compensation for unemployed people to lose their wage income during unemployment. Those who have already taken part in the work are not unemployed.

Legal basis:

Article 51 of People's Republic of China (PRC) Social Insurance Law

Unemployed persons who have one of the following circumstances during the period of receiving unemployment insurance benefits will stop receiving unemployment insurance benefits and enjoy other unemployment insurance benefits:

(1) Re-employment;

(2) Those who should be conquered for military service;

(3) Having emigrated;

(four) enjoy the basic old-age insurance benefits;

(5) Refusing to accept appropriate jobs or training provided by departments or institutions designated by local people's governments without justifiable reasons.

Article 88

Whoever defrauds social insurance benefits by fraud, forgery of certification materials or other means shall be ordered by the social insurance administrative department to return the defrauded social insurance benefits, and a fine of not less than two times but not more than five times the amount defrauded shall be imposed.