Conditions and standards for receiving unemployment benefits 2023

The conditions and standards for receiving unemployment benefits are as follows:

1. Employees have participated in unemployment insurance according to regulations, and the employer and I have fulfilled their payment obligations according to regulations 1 year and above;

2. The employee terminates the employment relationship against his will, especially:

(1) If the labor contract is terminated, the employer shall terminate the labor contract;

(2) Being expelled, removed or dismissed by the employing unit;

(3) The employer forces labor by means of violence, threat or illegal restriction of personal freedom, and the employee notifies the employer to terminate the labor contract;

(4) The employer fails to pay labor remuneration or provide working conditions as agreed in the labor contract, and the employee notifies the employer to terminate the labor contract;

(5) It is otherwise stipulated by laws and administrative regulations.

3. The employee has registered unemployment and job hunting. Unemployed persons who meet the above three conditions may apply for unemployment insurance benefits at the agency that accepts unemployment insurance business within 60 days from the date of termination or rescission of the labor contract.

Legal basis: Article 49 of People's Republic of China (PRC) Social Insurance Law.

Unemployed people who die during the period of receiving unemployment insurance benefits shall be given a one-time funeral subsidy and pension for their survivors with reference to local regulations on the death of on-the-job employees. The required funds are paid from the unemployment insurance fund. Personal death can also enjoy funeral subsidies for basic old-age insurance, industrial injury insurance and unemployment insurance.

Conditions, survivors can only choose to receive one of them.

Article 50

The employing unit shall issue a certificate of termination or dissolution of labor relations for the unemployed in time, and inform the social insurance agency of the list of unemployed persons within fifteen days from the date of termination or dissolution of labor relations. Unemployed persons shall, with the certificate of termination or rescission of labor relations issued by their own units, go to the designated public employment service institutions for unemployment registration in time. Unemployed people with unemployment registration certificate and personal identity documents, to the social insurance agencies to receive unemployment insurance procedures. The time limit for receiving unemployment insurance benefits shall be calculated from the date of unemployment registration.