1. How long can I get unemployment benefits?
According to the "Regulations on Unemployment Insurance" (hereinafter referred to as the "Regulations"), the time limit for the unemployed to receive unemployment insurance benefits is divided into three grades according to the difference between the employer before the unemployment and the accumulated payment time of the unemployed:
1, if the accumulated payment time is over 1 less than 5 years, you can receive unemployment insurance benefits for up to 12 months;
2. If the accumulated payment time is less than 5 years 10 year, the longest collection period in unemployment insurance benefits can reach 18 months;
3. The accumulated payment time is 10 year, and the longest period of receiving unemployment insurance benefits is 24 months.
The stipulation in the Regulations that the maximum period for receiving unemployment insurance benefits is 1 2 months if the payment time is over1year and less than 5 years cannot be understood as that all unemployed people who meet the above conditions can receive unemployment insurance benefits 12 months. In the specific operation, according to the length of the payment time of unemployed people of the same grade, all localities can widen the gap in the period of receiving unemployment insurance benefits. For example, before unemployment, if the accumulated payment time is over 1 year and less than 2 years, the unemployed can receive unemployment insurance for 6 months; Every time the accumulated payment time expires 1 year, the period of receiving unemployment insurance benefits will be increased by 2 months; But the longest period shall not exceed 12 months. As for how to divide the specific grades, it is determined by the localities according to the actual situation. 18 months and 24 months enjoyment period can also be divided into specific grades accordingly.
The "Regulations" will calculate the enjoyment period of unemployment insurance benefits according to the continuous working hours before unemployment in the 1993 "Regulations on Unemployment Insurance for Employees of State-owned Enterprises", and change it to calculate the enjoyment period according to the accumulated payment time before unemployment. There are two main considerations: First, the fulfillment of payment obligations should be closely combined with the enjoyment of unemployment insurance benefits's rights. The longer the payment time, the longer the period of receiving unemployment insurance benefits. Those who fail to pay fees according to regulations should be deducted when calculating their collection period, which is an important means to strengthen employees' awareness of payment; Second, it is allowed to determine the enjoyment period based on the accumulated payment time, which is conducive to protecting the legitimate rights and interests of the unemployed. Especially for those who have changed their work units many times before unemployment and participated in unemployment insurance, this spirit is more reflected. From this perspective, it is also conducive to promoting the rational flow of labor force and promoting urban enterprises and institutions and their employees to participate in unemployment insurance.
2. Under what circumstances can the unemployed continue to receive unemployment insurance benefits?
The Regulations on Unemployment Insurance (hereinafter referred to as the Regulations) stipulates that during the period of receiving unemployment insurance benefits, unemployed persons will stop receiving unemployment insurance benefits and enjoy other unemployment insurance benefits in any of the following circumstances:
(1) Re-employment;
(2) Those who should be conquered for military service;
(3) Having emigrated;
(four) enjoy the basic old-age insurance benefits;
(5) Being sentenced to fixed-term imprisonment or reeducation through labor;
(six) refusing to accept the work introduced by the department or institution designated by the local people's government without justifiable reasons;
(seven) there are other circumstances stipulated by laws and administrative regulations.
During the period of enjoying unemployment insurance benefits, the situation of the unemployed changed, which made them lose the condition of continuing to enjoy unemployment insurance benefits. In this case, they should stop enjoying unemployment insurance benefits.
The "Regulations" clearly stipulates the situation that people cannot continue to enjoy unemployment insurance benefits, which is an important measure to protect the legitimate rights and interests of unemployed people. Unemployed persons who violate these provisions and whose unemployment insurance benefits is terminated by the unemployment insurance agency without authorization have the right to apply to the administrative department of labor and social security for administrative reconsideration. Anyone who refuses to accept the reconsideration decision may bring a lawsuit to the people's court.
Unemployment benefits are only temporary assistance to eligible unemployed workers, so although they can receive unemployment benefits if they meet the requirements, it does not mean that they can receive them all the time, and eventually they need to find new jobs and re-employment. As for the period of receiving unemployment benefits, it is often determined according to the previous payment period. Under the same conditions, the payment period is longer, so when receiving unemployment benefits, you can receive a relatively long time.