To ensure stability of the worker after a dismissal, there are several benefits available to assist you at that time. Among them is unemployment insurance, which represents a great help after the employee dismissal.
We can understand unemployment insurance as a benefit granted to the worker, who will guarantee temporary assistance as a result of the dismissal of his services.
However, although the definition appears to be quite comprehensive, please be aware that there are some rules for receiving this benefit. Thus, questions such as “who is entitled to unemployment insurance?”Appear constantly.
To resolve these and other issues, you will find the following information in our article:
- What is unemployment insurance ?;
- How does unemployment insurance work ?;
- Who is entitled to unemployment insurance ?;
- How to calculate unemployment insurance ?;
- What are the rules for receiving unemployment insurance ?;
- How to receive unemployment insurance ?;
- I worked 6 months, how many installments of unemployment insurance do I have ?;
- What to do if I do not receive the unemployment insurance amount?
Did you like it? Continue reading the article and check out a complete guide and learn more about unemployment insurance who is entitled and the rules for obtaining it. Check it out and have a good reading!
What is unemployment insurance?
As you’ve seen, unemployment insurance is a benefit obtained from the dismissal of an employee. And it aims to offer temporary financial assistance to the newly dismissed worker.
That is, we can understand unemployment insurance as a form of support for the worker who had his employment contract suspended, thus being without your source of income.
The benefit has been sanctioned since the early 1990s, through the Law No. 7,998 / 90, which understands unemployment insurance as a program that aims to:
“I – provide temporary financial assistance to the unemployed worker due to unfair dismissal, including indirect dismissal, and to the worker who is provenly rescued from forced labor or from conditions similar to slavery;
II- assist workers in the search or preservation of employment, promoting, for this purpose, integrated actions of orientation, replacement and professional qualification. “
How does unemployment insurance work?
Unemployment insurance is a benefit granted to newly unemployed workers, who were dismissed without just cause or by indirect termination.
This right gives these employees the opportunity to remain financially for a certain period of time. until get another job or occupation.
This benefit works in a simple way in order to, in fact, assist the worker. A monthly installment is made available directly in the beneficiary's account, containing the income average of the last 3 wages received, plus some readjustment values, as you will see in our article.
The number of installments is defined by the time worked by those entitled to unemployment insurance and can be taken advantage of. 3 to 5 months.
Who is entitled to unemployment insurance?
Unemployment insurance is a guaranteed benefit for professionals who have been dismissed without just cause and for indirect termination.
If you ask yourself why only these two categories benefit from unemployment insurance, we must remember the purpose of this right. Your goal is to financially support the recently unemployed worker.
Therefore, if we think “who is entitled to unemployment insurance?”We will come to the conclusion that employees dismissed for cause lose their right through breach of contract. And those who requested termination by common agreement, were not surprised by the situation, being able to provide enough value for their livelihood.
In doubt about the types of layoffs existing in the CLT? See our article on the subject and learn more: What are the types of layoffs and the differences between them?
In addition to the dismissed without just cause and by indirect termination, also fit the collaborators who entered into common agreement with the employing company and were absent from their activities to attend some qualification program.
Fishermen in the fishing period controls or forbids and people rescued in situations similar to slavery are also entitled to the benefit, in the amount of 1 minimum wage.
Now that you know what unemployment insurance is and who has the right, see how to calculate the amount to be received.
How to calculate unemployment insurance?
The amount of unemployment insurance is defined by Ministries of Economy and, to know the exact value, we do the sum of last 3 wages and then divide by 3, thus obtaining the average.
An interesting novelty is that, from 2021, workers will receive unemployment readjustment. Therefore, according to information released by the National Consumer Price Index (INPC), employees will have a 5.45% increase in benefit.
Workers who received an average salary of up to £ 1,686.79 should multiply this amount by 0.80.
Employees with an average income between £ 1,686.79 and £ 2,811.60 multiply the excess amount of £ 1,686.79 by 0.5, plus £ 1,349.43.
Newly dismissed employees with a quarterly average salary above £ 2,811.60, invariably earn £ 1,911.74.
For people who fall into the category of fishermen, domestic workers and workers rescued from slave-like regimes, the stipulated amount of unemployment insurance is 1 minimum wage.
What are the rules for receiving unemployment insurance?
As it was possible to receive, not everyone can receive unemployment insurance. This is because, there are very strict rules that must be respected to avoid problems future.
In general, the formal worker, who is entitled to unemployment insurance guaranteed by law, must follow the following rules:
- Having no other source of income;
- Do not receive others social security benefits;
- Having been fired without just cause or by indirect termination;
- Have worked at least 12 months on the 1st application;
- Have worked at least 9 months on the 2nd request; or
- Have worked at least 6 months on the 3rd application onwards; and
- Be unemployed at the time of claiming the benefit.
How to receive unemployment insurance?
In order to receive insurance, the employer must provide the insurance unemployment insurance application guide. In this document, you will find a protocol number, which should be used to give entry into the benefit.
The protocol number can only be used once, becoming invalid immediately after its first use by the employee.
In order to facilitate the application process, you can apply for and receive unemployment insurance directly through the app “Digital Work Portfolio”. Check out the step by step below:
- Create your registration, informing all the requested information;
- Login with CPF and password;
- Click on the “Benefits” tab;
- Choose the option “request” from the unemployment insurance tab;
- Enter the indicated category;
- Enter the application number.
Ready! Your application will be assessed and, if there is no restriction, unemployment insurance is available in a few days. In-app it is also possible to obtain information about the employment relationship, the amount of installments and values receivable.
You can also do the benefit request directly by Ministry of Economy website (Section of the Secretariat of Labor), in the units of Regional Labor and Employment Superintendencies or in the agencies of Sine scattered throughout your city.
I worked 6 months, how many installments of unemployment insurance do I have?
Before knowing how many plots of the unemployment insurance you will receive, it is necessary to emphasize that the number of times that you will receive the benefit is defined by the Ministry of Economy. That is, your former employer has no responsibility about this.
The number of installments is defined by number of times the worker applied for unemployment insurance and also, how long did you have bond with the company. However, in any case, unemployment insurance will be paid between 3 and 5 monthly installments.
For those who have worked for at least 6 months, the installment is 3 times, for employees with at least 12 months, 4 installments will be paid, and for those who are more than 2 years old, that is, 24 months of work, 5 will be paid. monthly installments of the benefit.
What to do if I do not receive the unemployment insurance amount?
Since 1990, every UK residents worker has, guaranteed by law, the guarantee of receipt of unemployment insurance.
Therefore, it is the role of the contracting company to offer the unemployment insurance application guide. Through it, there will be a protocol number that must be informed in the act of iworker description to the benefit.
In the event of a refusal by the company, the employee has the right to enter a process in the Labor Court or formalize a complaint with the Ministry of Labor. Thereafter, the appropriate measures will be taken and the worker will be able to access the amount referring to the traffic ticket.
If there is no positive return from the company, the National Employment System (SINE) may enable unemployment insurance without the need for the application guide. However, this is only possible based on the allegation that the contracting company has refused to offer the protocol number.
Unemployment insurance is your right and must be enjoyed!
Unemployment insurance was conquered and signed through CLT and you, if you fit the requirements, have full right to it!
Now that you know who has right unemployment insurance and what to do if the contractor fails to pay, demand your benefits legally. THE Consolidation of labor laws guarantees this right and having this information can be of great value in case of bad faith on the part of the company.