■ Viewpoint 1: Wu Mou should not enjoy unemployment insurance. Reasons According to Article 14 of the Regulations on Unemployment Insurance, the unemployed who receive unemployment insurance benefits must meet three conditions: to participate in unemployment insurance according to the regulations, and the employer and himself have fulfilled their payment obligations for 1 year; Not because of my will to interrupt employment; Registered unemployed and have job requirements. Wu Mou was sentenced to fixed-term imprisonment for committing a crime because of his personal behavior. His suspension is closely related to his subjective will, so it should be considered that he does not meet the above second condition and cannot enjoy unemployment insurance benefits. Lawyer's comment From the subjective point of view of employment interruption, the Unemployment Insurance Ordinance distinguishes two kinds: I am subjectively willing to interrupt employment; Subjectively, I don't want to interrupt my employment. The former can't enjoy unemployment insurance benefits, while the latter can. Judging from the criminals' understanding of their employment, it is difficult to draw the conclusion that they are subjectively willing to suspend their employment. In fact, they always try their best to conceal the facts of the crime and try to continue their work. Therefore, we believe that it is not enough to judge that the criminal is interrupted by his own will only based on the facts of the crime. Moreover, this is not in line with the basic spirit of social security. As a social security system, unemployment insurance guarantees the basic life of citizens during unemployment. Citizens should not be deprived of their basic right to life just because they have committed a crime and are subject to criminal sanctions. ■ Viewpoint 2: Wu Mou should not enjoy preferential policies for re-employment. The provinces have specific provisions on preferential policies for re-employment, which should be enjoyed according to the corresponding provisions. For example, some provinces clearly stipulate that the following persons (hereinafter referred to as laid-off and unemployed persons) who have the ability to work and desire to find employment can apply for a re-employment concession card and enjoy preferential policies for re-employment: (1) laid-off workers from state-owned enterprises; (2) the unemployed in state-owned enterprises; (3) Personnel who need to be placed when the state-owned enterprise closes down and goes bankrupt; (4) other unemployed people in cities and towns who enjoy the minimum living guarantee and have been unemployed for more than one year. If such conditions are followed, Wu Mou will not be able to enjoy preferential policies for re-employment. Lawyer's comment: Literally speaking, the preferential reemployment policy is one of the reemployment support policies, but it is still different from other reemployment support policies. The re-employment preferential policy is the product of a historical stage, and its main purpose is to solve the re-employment problem of laid-off workers in state-owned enterprises. Of course, this policy for specific groups can only be applied to groups with clear policies. The general re-employment policy is only aimed at unemployed or unemployed people, and there is no further subdivision of groups. After the implementation of the Employment Promotion Law, according to the legislative purpose and purpose defined in Article 1, "in order to promote employment, coordinate economic development with employment expansion, and promote social harmony and stability", people who have made mistakes are obviously covered by this purpose. ■ Viewpoint 3: Wu Mou can enjoy unemployment insurance and reemployment support policies. Reasons The main purpose of the Unemployment Insurance Ordinance is to provide material assistance to workers whose livelihood is temporarily interrupted due to unemployment, so as to ensure their basic livelihood during unemployment and promote their employment. According to the principle of reciprocity of rights and obligations, although Wu Mou is a civil servant of the administrative organ, as long as he pays unemployment insurance premiums in accordance with the law during his work, goes to the public employment service agency where he is registered as unemployed in time and gets the unemployment registration certificate, he should enjoy unemployment insurance benefits according to the payment period and enjoy relevant employment support policies such as legal policy consultation, career guidance, career introduction and vocational skills training according to the law. No department or individual can do it because he is a released person. The Official Reply of the General Office of the Ministry of Labor and Social Security on whether the released or released reeducation-through-labor personnel can enjoy unemployment insurance benefits (Letter of the Ministry of Labor and Social Security [2000] 108) clearly stipulates this question: "If an on-the-job employee is sentenced to fixed-term imprisonment or reeducation-through-labor, and the labor contract is terminated by the employer, he can apply for unemployment insurance after the expiration of his sentence, parole, reeducation-through-labor or termination of reeducation-through-labor? Unemployed persons enjoy other unemployment insurance benefits during the period of receiving unemployment insurance benefits. Unemployment insurance and other unemployment insurance benefits standards are implemented in accordance with existing regulations. " The Central Committee for Comprehensive Management of Social Security, the Ministry of Justice, the Ministry of Public Security, the Ministry of Labor and Social Security, the Ministry of Civil Affairs, the Ministry of Finance, and the Opinions of People's Republic of China (PRC) State Taxation Administration of The People's Republic of China and the State Administration for Industry and Commerce on Further Improving the Re-employment and Social Security of Ex-prisoners (No.4 [2004] of the Comprehensive Management Committee) also clearly stipulates: "Ex-prisoners with urban (including urban) household registration are serving their sentences, Those who have participated in unemployment insurance or are receiving unemployment insurance benefits before reeducation through labor, strengthen employment skills training and implement support policies, including providing employment guidance services and job information, reducing or exempting training fees and related taxes and fees. Lawyer's comment: We agree with this opinion. The persons who participated in this discussion and were cited are: Wang Lifu, Harbin Good Dwellings Construction Investment Development Co., Ltd., Xia Xueen, Ningbo Pan American Safety Protection Articles (Ningbo) Co., Ltd., Luo Qingguo, Yanziji Street Labor Security Office, Zhang Fang, Taihe County Labor Security Bureau, Shandong Huachen Taier Technology Development Co., Ltd., Gaotang County Labor Security Bureau and dongzhi county Labor Security Bureau. Ye of Guangzhou No.2 Workers' Sanatorium, Wang Yi of Social Security Bureau of xinmi city, Henan Province, Cao Jianming of gongyi city Water Affairs Co., Ltd. of Henan Province, Hu Rongjie of Chongqing Juneng No.1 Branch, Chen Wei of Guang 'an Hengli Chemical Co., Ltd. of Sichuan Province, and Zhang of Huize County Labor Employment Service Center of Yunnan Province. Effectiveness and legal consequences of large-scale termination of labor contract: A company cancelled the labor contract with more than 30 employees within one month, accounting for 90% of the employees in the project, on the grounds that "the objective conditions on which the labor contract was concluded changed greatly, which led to the failure of the employer and employees to reach an agreement to change the contents of the labor contract". The company paid the payment in lieu of notice and economic compensation for the termination of the labor contract.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.