What are the requirements for using unemployment insurance and the duration of payment?

Armin Afsharipour, a lawyer and lawyer for a judiciary in a conversation with Mehr reporter, referring to workers' referrals to labor departments to benefit from unemployment insurance and the legal and executive dimensions of this legal protection said: Providing the rights and benefits of workers subject to labor law is one of the key tasks of the country. Unemployment insurance, meanwhile, plays an important role in supporting people who are unemployed without personal will. This is clearly specified in the law adopted by the Year 2 and its executive bylaws.

Terms of using unemployment insurance

Afsharipour explained the conditions of utilization of unemployment insurance: According to Article 5 of the Unemployment Insurance Act, the person must have at least 6 months of paying a premium. Also, according to Article 2 of the Law, unemployment must Non -compatriots Be; That is, the person has not left the job at his own will. The worker must go to the Labor Office for up to one month after being unemployed, unless he has a justified excuse, such as illness or hospitalization, in which case the deadline can be renewed for up to six months.

He noted: In cases such as floods, earthquakes, war or other coercive accidents, the legislator has even ignored the six -month condition of insurance and has allowed the worker to be subject to unemployment insurance.

Worker's obligations during receipt

Afsharipour emphasized the responsibilities of the unemployed during the unemployment insurance period. C. Article 5 The worker is obliged to participate in the technical, vocational or literacy courses specified by the Labor Office. Also, if the appropriate job is introduced to him and refuses to accept it, the payment will be cut immediately.

The amount and duration of the payment

He explained how the monthly calculation is at least 2 % of the average salary of the last 6 months before unemployment. The other 5 % is added for each person, though the ceiling is 2 % of the average wage and should not be less than the minimum wage. The payment time is also dependent on the person's insurance history. For single individuals, for a maximum of 6 months and for married people or with subordinate individuals, payment is made up to 6 months, provided that this period does not exceed the sum of a person's premium payment history.

A bitter reality in execution

Afsharipour, referring to one of the implementing weaknesses in the unemployment insurance system, said: “Unfortunately, in some cases, employers do not declare real workers' rights to the Social Security Organization.” This has incentives such as tax cuts, premiums and years. But in practice, the worker receives less than the actual amount of his / her at the time of unemployment. This is a kind of legal and executive overhaul.

The possibility of reusing unemployment insurance

Responding to our reporter's question about the possibility of reuse of unemployment insurance, he said: “The law has not put the explicit restriction on the frequency of use of unemployment insurance.” However, for reuse, legal requirements must be re -established. That is, the person must be re -employed after the end of the previous period and paid for at least 6 months.

Violation during receipt

Afsharipour further warned: According to Article 5 of the Law, if it is determined that unemployment is voluntary or that a secret person is re -employed, he will be required to restore all the amounts received. This is specified in social security investigations and serious legal treatment.

“If the worker has evidence of employment at a specific time, he can sue the Labor Office if the worker has evidence of employment at a specified time,” he said. If his employment is proved in the dispute resolution authorities, the Social Security Organization is obliged to reform the background and claim insurance from the employer.