Unemployment Insurance
2024-05-19
Editorial note: This article cites specific eligibility thresholds, time limits, and benefit percentages (1-year/6-month insurance history, 30-day notification window, 36/50-month maximum benefit periods, 55% wage-replacement rate with dependent increments). These figures should be verified against current Social Security Organization regulations, and this article should be reviewed by a member of our legal team before publication.
Under the labor laws, after the working relationship with an employer ends, workers and employees who meet the legal conditions are entitled to receive unemployment insurance. One of the most important points to note about the laws in this area is the legal definition of "unemployed," because most people's understanding of who can use this insurance differs from the legal definition. Under the unemployment insurance law, an "unemployed" person is an insured person who has become unemployed without their own will or desire and who is ready to work.
Eligibility Conditions
Among the conditions for eligibility for unemployment insurance is having at least one year of insurance history; and, if you worked at several workplaces over the course of a year, it is sufficient to have at least six months of insurance history at your last workplace. Given the legal complexities involved in establishing and receiving unemployment insurance benefits, an experienced lawyer can be your best source of legal advice and representation.
If an insured person is recognized as temporarily unemployed due to structural economic changes at the relevant workgroup, as determined by the relevant ministry and confirmed by the Supreme Labor Council, and likewise insured persons who become unemployed due to unforeseen events such as floods, earthquakes, war, and fire, may benefit from the provisions of this law. Determining whether an insured person's unemployment was voluntary or involuntary is the responsibility of a committee composed of representatives of the Social Security Organization and the Labor and Social Affairs Office of the place where the insured person worked.
If you left your job voluntarily, or reached an agreement with your employer for any reason and under any settlement, or were not covered by Social Security insurance at all, you should not consider using unemployment insurance. Likewise, unemployed persons with a fixed-term employment contract who were dismissed during the term of the contract pursuant to a ruling of the Dispute Resolution Authority, and persons engaged in work that is inherently permanent in nature but who worked under a fixed-term contract, as determined by the Labor and Social Affairs units, will be covered and entitled to receive unemployment insurance benefits if they become unemployed at the end of the contract.
Notification and Application
An unemployed insured person, in order to receive unemployment insurance benefits, must notify the relevant Labor and Social Affairs unit of the matter within a maximum of 30 days from the date of becoming unemployed, and must declare their readiness to work in their specialized field or similar work, in order to be able to use unemployment insurance.
Unemployed insured persons may apply for unemployment insurance if they are covered by the Labor Law and the Social Security Law, are not foreign nationals, are not retirees or fully disabled pensioners, and have at least 12 months of insurance-premium payment history.
Duration and Amount of Benefits
Many people assume that they can use unemployment insurance for as long as they wish; this assumption is incorrect, and it should be noted that the duration of unemployment insurance benefit payments to eligible insured persons depends on their insurance-premium payment history, and the maximum period of use is 36 months for single persons and 50 months for married persons.
Persons who become unemployed pursuant to the Labor Law's provisions and rulings issued by the Dispute Resolution Authorities under this law, due to negligence in performing their assigned duties or violation of workplace disciplinary regulations, and who were dismissed by the employer on that basis, will not be entitled to receive unemployment insurance benefits; and if, after unemployment insurance benefits have been paid to an insured person, it is established that the insured person's unemployment was voluntary, the insured person must repay the amounts received as unemployment insurance benefits to the Social Security Organization.
If an unemployed insured person does not report their re-employment and, despite being employed, continues to receive unemployment insurance benefits, they must return the benefits received from the time of re-employment to Social Security.
The amount of unemployment insurance benefit payment is 55% of the insured person's average wages and salary, which can be increased by 10% for each dependent, up to 4 dependents, provided that the amount is not less than the minimum wage for that year as determined by the Supreme Labor Council, and not more than 80% of the insured person's wages.