What Are the Different Types of Unemployment Insurance?

Unemployment insurance benefits refer to various types of assistance in the form of cash provided by the unemployment insurance fund when workers participating in the unemployment insurance temporarily interrupt their sources of life due to unemployment. Unemployment insurance benefits are one of the basic contents of the unemployment insurance system. Different forms and standards of unemployment insurance benefits determine the characteristics and role of the unemployment insurance system. [1]

Unemployment insurance benefits

Right!

Unemployment insurance benefits refer to various types of assistance in the form of cash provided by the unemployment insurance fund when workers participating in the unemployment insurance temporarily suspend their livelihood due to unemployment. Unemployment insurance benefits are one of the basic contents of the unemployment insurance system. Different forms and standards of unemployment insurance benefits determine the characteristics and role of the unemployment insurance system. [1]

Chinese name

Unemployment insurance benefits

Foreign name

Unemployment insurance benefits

Content

Unemployment insurance

Features

Functions that guarantee basic life

Standard

Survival guarantee principle

Field

Insurance

Pinyin

shi ye bao xian dai yu

Traditional characters

Unemployment insurance benefits

About from countries

From the development history of unemployment insurance and the practical experience of industrialized countries, unemployment insurance benefits usually have three functions. The first is to protect the basic living function, that is, to provide the unemployed with corresponding unemployment insurance benefits to protect their basic living, to prevent them from being unable to maintain their livelihood due to income interruption after unemployment. The second is the function of suppressing unemployment and promoting reemployment, that is, providing living allowances or job subsidies through unemployment insurance, and organizing employment introduction and vocational training to help and promote the reemployment of unemployed people. The third is economic function, that is, by providing unemployment insurance benefits to the unemployed so that they will not lose their income due to unemployment, in order to maintain their consumption expectations, ensure the effective demand of society, and promote stable economic development. Different combinations of these three functions have formed unemployment insurance systems in different countries in different periods. ^[2]

Conditions of payment of unemployment insurance benefits

When involuntary unemployed workers meet the legal requirements, they can apply to the social insurance agency to request the corresponding unemployment insurance benefits. The conditions of payment of unemployment insurance benefits include: ^[3]

1. Qualification period. The so-called "eligibility period" means that the person claiming unemployment insurance benefits is eligible for unemployment insurance benefits, and must meet the legal insurance period or working period. The limitation of the qualification period is based on the financial considerations of the unemployment insurance fund; on the other hand, it reflects the insurable characteristics of the unemployment insurance. Therefore, China's "Unemployment Insurance Regulations" ^[4] stipulates that those who receive unemployed insurance benefits should participate in unemployment insurance in accordance with regulations. Due to different economic development and unemployment rates in different countries and regions, the length of the eligibility period varies. For example, the eligibility period for a Canadian unemployment insurance application is: within 52 weeks before applying for benefits, the statutory insurance hours must be reached , And the specific insurance hours are determined based on the unemployment rate of the applicant's location.

2. Involuntary suspension of employment. Suspension of employment for reasons other than his own willingness means that the unemployed himself is willingly employed, but objectively there is no corresponding employment opportunity. Therefore, those who are unemployed as a result of their voluntary departure are not eligible for unemployment insurance benefits.

But how to determine whether the applicant is involuntarily unemployed? According to the "Unemployment Insurance Application and Issuance Measures" issued by the Ministry of Labor and Social Security, "The employment interruption that is not due to my own intention refers to the following: Labor contract; (2) the employer terminated the labor contract; (3) the employer was fired, removed, and dismissed; (4) in accordance with Article 32, Clauses 2 and 3 of the Labor Law of the People's Republic of China and (5) Where the employer terminates the labor contract; (5) laws or administrative regulations provide otherwise. "

3 The unemployed must be employable and willing to work. Unemployment insurance only refers to the fact that workers are entitled to corresponding insurance benefits due to loss of employment opportunities. If workers lose their ability to work, they should be protected by other social insurances, such as endowment insurance. The unemployed have the ability to work specifically including two aspects: one is that the unemployed are still at the legal working age stage, that is, they have not reached the retirement age; the other is that the physical functions of the unemployed must be able to bear the needs of labor. Involuntarily unemployed people must also have a willingness to work in order to enjoy unemployment insurance benefits. Therefore, some countries require that the unemployed should apply for unemployment registration or enter into an employment service agreement with an employment service agency. However, unemployment registration is actually involuntary. The objective manifestation of the unemployed's subjective employment willingness.

China s Unemployment Insurance Regulations stipulates that After the employees of urban enterprises and institutions are unemployed, they shall hold the certificate issued by their units to terminate or terminate their labor relations and go to the designated social insurance agency to register for unemployment in a timely manner. Calculated from the date of unemployment registration. "The unemployed should also actively seek reemployment opportunities through social insurance agencies or labor security administrative departments, or actively participate in various employment training, etc., to continuously improve their quality and enhance Ability to compete for employment. For example, the unemployed can register for employment at the labor employment service agency affiliated with the local labor administrative department.

Unemployment insurance benefits

As for the standard of unemployment insurance benefits, there are two views in the academic circles: "status theory" and "minimum cost of living". Scholars who hold the "status theory" believe that in order to maintain the status of the unemployed and to seek employment on the same conditions; and to maintain the normal living standards of the unemployed's family so that their family life does not change due to unemployment, unemployment compensation should be Same salary as before unemployment. Scholars who hold the "minimum cost of living" theory believe that in order to prevent voluntary unemployment and promote the unemployed to work as soon as possible, unemployment compensation should be based on the principle of maintaining the minimum living of the unemployed.

We believe that the determination of the payment standards for unemployment insurance benefits should follow the following three principles:

1. The principle of survival protection. The payment standard of unemployment insurance benefits should first meet the basic living needs of the unemployed and their family members, and realize the survival protection function of unemployment insurance.

2. Below the principle of less eligibility. The so-called "below comfort principle" means that the insurance benefits for the unemployed should be lower than the minimum wage of the workers in order to curb their dependence and encourage self-sufficiency. Because the payment of unemployment insurance benefits should stimulate the reemployment of the unemployed, and if the "status theory" view is adopted, the payment standards of unemployment insurance benefits are the same as the wages before unemployment, it will weaken the unemployed's job search willingness, leading to benefits rely.

3 Reciprocity of rights and obligations. The principle of equal rights and obligations is a reflection of the insurable characteristics of unemployment insurance. The amount of unemployment insurance received by unemployed workers is closely related to their working age, payment period, and original wage level. The longer the unemployed workers are working, the longer the payment period, and the higher the wage level, the more unemployment insurance benefits they can receive.

Due to different socio-economic conditions, the specific standards for unemployment insurance benefits vary from country to country. At present, there are mainly the following types of international unemployment insurance standards: (1) The wage ratio system, that is, the standard for unemployment insurance benefits is based on unemployment. The salary income of personnel within a certain period of time before being unemployed is prorated as a base. For example, Japanese unemployment insurance benefits are 60% to 80% of wages. (2) Fixed amount system, that is, unemployment insurance benefits are paid to the unemployed according to a uniform standard. For example, the British Contributory Job Seeker Allowance is divided into three standards based on age. Those who are 25 years of age or older are paid £ 53.95 per week; 18 to 24 years old are paid 42.70 pounds per week, and 16 to 17 years old are weekly. Issued to £ 32.50. (3) Mixed system, that is, the payment of unemployment insurance benefits is based on a combination of the wage ratio system and the fixed amount system. One part is paid based on a certain percentage of the wages before unemployment, and the other is paid as a fixed amount.

China's "Unemployment Insurance Regulations" stipulates that the standard of unemployment insurance benefits should be higher than the minimum standard of living security for urban residents, but in order to achieve the efficiency of unemployment insurance and properly coordinate the protection and incentive functions, unemployment insurance benefits are generally lower than the local minimum fee standard. Specific guarantee standards shall be determined by the people's governments of provinces, autonomous regions and municipalities. For example, the "Beijing Unemployment Insurance Regulations" clearly states that Beijing's unemployment insurance payment standard is 70% to 90% of Beijing's minimum wage.

Waiting period for unemployment insurance benefits

The waiting period refers to the period between the day when a worker becomes unemployed and when he receives unemployment insurance benefits. The waiting period has the following two functions: First, based on the financial considerations of the unemployment insurance fund, avoiding small payments due to short-term unemployment, thereby reducing the number and number of payments, reducing the financial expenditure of the fund, and reducing the corresponding administrative operating costs Second, it is based on the consideration of the unemployment insurance payment procedure, because after receiving the application for unemployment insurance benefits from the unemployed, the unemployment insurance agency needs to perform qualification verification such as unemployment determination. Therefore, the waiting period can be set as the unemployment insurance economy The office provides a certain period of time to review the applicant. The International Labour Organization (ILO) Convention on the Promotion of Employment and the Protection of Unemployment (Convention No. 168) states that "If member states legislation provides that in the case of full unemployment, the payment of benefits can only begin after the waiting period has expired, This waiting period must not exceed 7 days. "

The premise of the waiting period system is that all workers can withstand the impact of short-term income interruptions, and that the short interval between new and old work is normal and should not be considered non-compensable. In countries and regions with relatively mature unemployment insurance systems, the waiting period is gradually shortening, and some countries and regions have even lifted the limit of waiting periods. The International Labour Organization (ILO) Convention on the Promotion of Employment and Unemployment Protection (Convention No. 168) has suggested that member states should shorten the waiting period if conditions permit.

Benefit period of unemployment insurance benefits

The term of payment of unemployment insurance benefits refers to the time during which unemployed workers can claim unemployment insurance benefits. The determination of the length of the unemployment insurance benefit payment period needs to balance the following two factors: one is the financial and administrative factors of the unemployment insurance fund; the other is the balance of survival guarantee and employment promotion. In addition, the length of the payment period is closely related to the employment situation. When the employment situation deteriorates and the unemployment rate rises, the period of payment of unemployment insurance benefits can be extended accordingly.

At present, there are mainly two types of payment periods for unemployment insurance benefits in the world: (1) Uniform period restrictions, that is, regardless of the wages, working age, and length of the insurance period of the unemployed, all eligible unemployed persons are provided with the same period. Unemployment insurance benefits, such as the United Kingdom; (2) Different period limitation, that is, within the maximum period specified, different terms of unemployment insurance benefits are provided according to different conditions such as premium payment period, length of service life, and salary income. For example, Japan provides different unemployment insurance benefits from 17 to 52 weeks depending on the length of the insurance period.

China's "Unemployment Insurance Regulations" ^[4] impose restrictions on different periods. Depending on the payment period, different payment periods are implemented.

(1) If the unemployed person and his employer have paid a total of one year and less than five years according to the regulations, the maximum period for receiving unemployment insurance benefits is 12 months;

(2) If the accumulated payment period is 5 years but less than 10 years, the maximum period for receiving unemployment insurance benefits is 18 months;

(3) If the accumulated payment is more than 10 years, the maximum period for receiving unemployment insurance benefits is 24 months.

In order to determine the calculation of cumulative payment time, the Ministry of Labor and Social Security issued the "Unemployment Insurance Claims and Payment Methods" in 2000, which stipulates: First, before implementing individual unemployment insurance premiums, the working age calculated according to family regulations It is regarded as the time of payment, combined with the time to pay unemployment insurance premiums after the publication of the Unemployment Insurance Regulations. Second, if an unemployed person becomes unemployed again after re-employment during the period of receiving unemployment insurance benefits, the payment time is recalculated and he receives unemployment insurance The duration of the benefits may be combined with the duration of the unemployment insurance benefits that should have been received in the previous unemployment period but not yet received, but the maximum period shall not exceed 24 months. An unemployed person who has been unemployed less than one year after re-employing during the period of receiving unemployment insurance benefits may continue to apply for the unemployment insurance benefits that they should have received in the previous unemployment but have not yet received them. The former is to solve the transition of the old and new legal systems after the promulgation and implementation of the Unemployment Insurance Regulations, and to ensure the stability of the entire social security system; the latter is to solve the determination of the period of receiving unemployment insurance benefits in the case of re-employment after re-employment. .

Procedures for claiming unemployment insurance benefits

Applying for unemployment insurance benefits requires the tripartite cooperation of workers, employers and unemployment insurance agencies, and its procedures include:

(1) The employer shall promptly issue a certificate of termination or termination of labor relations for its unemployed, inform it of its right to enjoy unemployment insurance benefits in accordance with regulations, and report the list of unemployed persons to the society within 7 days from the date of termination or termination of labor relations. Recorded by insurance agency.

(2) Register for unemployment insurance and apply for unemployment insurance. After being unemployed, individual employees shall apply for unemployment insurance at the agency that accepts their unit's unemployment insurance business within 60 days from the date of termination or termination of the labor contract. The application process is that the employee holds the certificate issued by the unit to terminate or terminate the labor relationship, timely goes to the designated social insurance agency to register for unemployment, fills in the "Unemployment Insurance Application Form", and issues the corresponding written materials. Such as proof of identity.

(3) Receive unemployment insurance benefits. After review. For qualified unemployed persons, the social insurance agency issues documents to the unemployed to receive unemployment insurance benefits, and undertakes the obligation to issue unemployment insurance benefits on a monthly basis. The unemployed can collect unemployment insurance benefits and other subsidies at the designated bank with their documents.

Unemployment insurance benefits stop paying

The payment of unemployment insurance is conditional, including both physical and procedural conditions. When all the conditions are met, the unemployed person should apply for the corresponding unemployment insurance payment, and when one of all the necessary conditions is missing, the unemployment insurance payment should be stopped. The "Unemployment Insurance Regulations" stipulates that if an unemployed person has one of the following conditions during the period of receiving unemployment insurance benefits, he shall stop receiving unemployment insurance benefits and at the same time stop enjoying other unemployment insurance benefits: (1) reemployed; (2) military service (3) Emigrated overseas; (4) Enjoyed basic pension benefits; (5) Sentenced to prison or reeducated through labor; (6) Refusal to accept the work of a designated department or institution of the local people's government without justification (7) There are other circumstances required by laws and regulations.