If a worker resigns and receives unemployment benefits,
Is there any disadvantage to the company (user)?
Hello! I’m Inomu Information Inomu.
The premise is that in order to receive unemployment benefits, workers must have resigned for involuntary reasons.Among them, if you voluntarily resign after agreeing to resign, you are exceptionally eligible for unemployment benefits.However, there are often cases where the company says, “The recommended position cannot be handled like that because it is disadvantageous to the company.”Is there a disadvantage to the company (user) if the worker really resigns and receives unemployment benefits?Today, I would like to find the answer to this question that many people are curious about.
1. What are unemployment benefits?
Unemployment benefits are a system that overcomes livelihood anxiety caused by unemployment, helps stabilize life, and supports re-employment opportunities by paying certain salaries during the period of re-employment activities, many of which are usually referred to as “employment benefits.”
2. What are the requirements for receiving unemployment benefits?
In order to receive unemployment benefits, all of the following requirements must be met.
18 months prior to the turnover date (24 months in the case of ultra-short-term workers) The insured unit period must be 180 days or more in total.
Not being able to get a job even though they have the will and ability to work.
Actively make efforts to re-employment
The reason for the turnover is an involuntary reason (the reason for the turnover does not fall under the reason for restricting the eligibility for receiving benefits pursuant to Article 58 of the Act).
3. What is a recommended resignation?
If you understand it easily, the employer recommends the worker to resign, and the worker accepts it and submits the resignation letter.It is to terminate the labor contract according to the “agreement” between the employer and the worker.The recommended resignation is literally a recommendation for resignation, so it has no effect unless the worker accepts it.The nature is very different from the “dismissal” in which the employer unilaterally notifies the termination of the labor contract and takes effect regardless of the agreement of the worker.
4. Is there a disadvantage to the company if an employee receives unemployment benefits through recommended resignation?
No.
Many people are confused about this point.There is no disadvantage to the company simply because the workers received unemployment benefits (there is no disadvantage to the company for other reasons, either).
However, there may be disadvantages to the company due to the fact
that there was a “recommended position.”
5. What are the disadvantages of the company due to the recommended resignation?
The company’s disadvantages that may arise due to the recommended resignation of workers are as follows.
possibility of suspension of employment maintenance subsidies
Article 20-2 of the Enforcement Decree of the Employment Insurance Act (Restriction of Support for Violation of Employment Maintenance Measures Plan)
The Minister of Employment and Labor may not pay all or part of the employment maintenance support fund for the month to which the relevant fact belongs, as prescribed by Ordinance of the Ministry of Employment and Labor.
If the company (user) recommends and resigns workers unlike the employment maintenance plan submitted to receive employment maintenance support, the employment maintenance support may be suspended in accordance with the above laws.
possibility of non-employment of foreign workers
Article 20 of the Employment of Foreign Workers Act (abbreviation: Foreign Employment Act)
The head of a job security agency may restrict the employment of foreign workers for three years from the date of occurrence of the fact for any of the following employers.
1. A person who has hired a foreign worker without obtaining an employment permit under Article 8(4) or confirmation of special employment availability under Article 12(3).
2. A person whose employment permit or special employment possibility confirmation of a foreign worker has been revoked pursuant to Article 19 (1).
3. A person who has been punished for violating this Act or the Immigration Control Act.
4. Other persons who fall under the grounds prescribed by Presidential Decree
외국인 Article 25 of the Enforcement Decree of the Employment of Foreign Workers Act (Restriction on Employment of Foreign Workers)
In Article 20 (1) 4 of the Act, “a person falling under any of the following grounds prescribed by Presidential Decree” means a person falling under any of the following subparagraphs.
1. A person who has transferred a domestic worker through employment adjustment within six months from the date of issuance of an employment permit pursuant to Article 8 of the Act or from the date of commencement of work of a foreign worker pursuant to Article 12 of the Act.
Companies that transferred foreign workers to employment adjustments (including recommended employment) within six months from the date of hiring foreign workers may not be able to hire foreign workers for three years under the above.
possibility of discontinuing job creation incentives
Article 11 of the Regulations on Application and Payment of Employment Creation Incentives and Employment Security Incentives (Requirements for Employment Creation Incentives)
The Minister of Employment and Labor may pay employment creation incentives in any of the following cases.
3. Employment support for domestic returnees: If the average monthly number of workers (hereinafter referred to as the “average number of workers per month after the implementation of the project”) increases by more than one from the average number of workers per month (hereinafter referred to as the “average number of workers per month before the project implementation)
In order to receive employment incentives, the average number of new workers per month must increase by more than one from the average number of workers in the previous three months of the month.
As above, we looked at the disadvantages of the company that may arise from the resignation of recommendation.I hope it was helpful for those who were curious about the unemployment benefits from the above-mentioned resignation and the possible disadvantages of the company, and thank you for joining Inomu Information Inomusa today!