“I am in probationary period after receiving a decision on unemployment benefit receipt. Can I receive unemployment benefit during my probationary period? ” - This is a question sent to Tran Ngoc Thien.
To answer this question, we will first look at the legal provisions on the termination of unemployment benefits. Pursuant to Article 21 Decree 28/2015/ND-CP (amended by Decree 61/2020/ND-CP), one of the conditions to terminate unemployment benefits is “the employee has a new job”. Besides, it also gives the definition of “the employee has a new job” as follows:
- Having signed a seasonal or job-based working contracts with a term of full 01 month or more.
- Having a recruitment decision or appointment decision for those who are not subject to signing a labor contract or a working contract.
- Having is a certificate of business household registration or business registration
- The employee announced the employment service center that he/she had a new job.
The probationary contract under the Labor Code is not a employment contract or a labor contract, so it is not considered as "the employee has a new job". Only after the probation is completed and a labor contract with a term of full 1 month or more is signed, it will be considered as having a new job.
Thus, during the probationary period, we can still receive unemployment benefits. After signing the labor contract, the employee will terminate receiving unemployment benefits. Besides, the number of months you have paid unemployment insurance premium but have not receive in this time will be added to your next time.
