Your activity as an employed worker has lasted less than 12 months
Posted: Sun Dec 22, 2024 10:16 am
I am receiving unemployment benefits and I want to start my own business. I have to become self-employed, but… What happens if my business doesn't go well and I have to cancel my contract? Can I recover unemployment benefits after becoming self-employed?
The answer can be found in article 271 of the General Law on Social Security . This provision regulates the suspension of the right to unemployment benefits and specifically the First Section, letter d) indicates that the benefit will be suspended:
d) While the holder of the right carries out work for another person for a malaysian phone numbers duration of less than twelve months , or while the holder of the right carries out work for himself/herself for a duration of less than sixty months in the case of self-employed workers who are registered in the Special Social Security Regime for Self-Employed Workers or in the Special Social Security Regime for Sea Workers.
That is, a self-employed or employed worker can request to recover his unemployment benefit, provided that he meets one of these requirements :
The activity as a self-employed worker , the period will be extended up to 60 months (5 years)
Once the self-employed activity ceases and either of these two situations occurs, the worker will have a period of 15 working days (from the cessation of activity) to request the resumption of the benefit.
Self-employed workers who request the resumption of unemployment benefits or subsidies after 24 months from the start of the suspension must prove that the cessation of self-employed activity is due to:
For economic, technical, productive or organizational reasons
Due to force majeure
Loss of administrative license
Gender violence
Divorce or marital separation
Involuntary termination of the position of director or administrator of a company or of the provision of services to it
Termination of the contract signed between the economically dependent self-employed worker and his client
Procedure
First of all, you must request suspension of unemployment benefit payments before registering as self-employed. Register as self-employed with the Treasury and Social Security.
If you decide to deregister as self-employed, you must request the resumption of the unemployment benefit that has been suspended. You must request the resumption of the benefit from the State Public Employment Service; less than 60 months must have passed since you registered as self-employed.
If you are entitled to cessation of activity protection after ceasing self-employment , you can choose between receiving this benefit or continuing to receive the unemployment benefit that was suspended.
If you choose to resume your benefit, the contributions that gave rise to the benefit you did not choose will not be taken into account when accessing a subsequent benefit.
Register as self-employed and continue collecting unemployment benefits?
If a person is receiving unemployment benefits and registers as self-employed, he or she may continue receiving said benefits while working as a self-employed person for a maximum of 270 days or for the shorter period of time that he or she has left to receive them. The person must request compatibility within 15 days from the date of commencement of the self-employed activity.
The answer can be found in article 271 of the General Law on Social Security . This provision regulates the suspension of the right to unemployment benefits and specifically the First Section, letter d) indicates that the benefit will be suspended:
d) While the holder of the right carries out work for another person for a malaysian phone numbers duration of less than twelve months , or while the holder of the right carries out work for himself/herself for a duration of less than sixty months in the case of self-employed workers who are registered in the Special Social Security Regime for Self-Employed Workers or in the Special Social Security Regime for Sea Workers.
That is, a self-employed or employed worker can request to recover his unemployment benefit, provided that he meets one of these requirements :
The activity as a self-employed worker , the period will be extended up to 60 months (5 years)
Once the self-employed activity ceases and either of these two situations occurs, the worker will have a period of 15 working days (from the cessation of activity) to request the resumption of the benefit.
Self-employed workers who request the resumption of unemployment benefits or subsidies after 24 months from the start of the suspension must prove that the cessation of self-employed activity is due to:
For economic, technical, productive or organizational reasons
Due to force majeure
Loss of administrative license
Gender violence
Divorce or marital separation
Involuntary termination of the position of director or administrator of a company or of the provision of services to it
Termination of the contract signed between the economically dependent self-employed worker and his client
Procedure
First of all, you must request suspension of unemployment benefit payments before registering as self-employed. Register as self-employed with the Treasury and Social Security.
If you decide to deregister as self-employed, you must request the resumption of the unemployment benefit that has been suspended. You must request the resumption of the benefit from the State Public Employment Service; less than 60 months must have passed since you registered as self-employed.
If you are entitled to cessation of activity protection after ceasing self-employment , you can choose between receiving this benefit or continuing to receive the unemployment benefit that was suspended.
If you choose to resume your benefit, the contributions that gave rise to the benefit you did not choose will not be taken into account when accessing a subsequent benefit.
Register as self-employed and continue collecting unemployment benefits?
If a person is receiving unemployment benefits and registers as self-employed, he or she may continue receiving said benefits while working as a self-employed person for a maximum of 270 days or for the shorter period of time that he or she has left to receive them. The person must request compatibility within 15 days from the date of commencement of the self-employed activity.