I. Legal Person Status in the Process of Company Cancellation
During the cancellation of the company, the identity and responsibilities of the legal person will change. With the advancement of the cancellation procedure of the company, the legal person may need to deal with the liquidation, debt settlement and tax cancellation of the company. In this process, the legal person is still the person in charge of the company and needs to perform relevant duties.
Second, the conditions for applying for unemployment benefits
Unemployment benefit is a social security system established to ensure the basic livelihood of the unemployed. To apply for unemployment benefits, certain conditions need to be met, which usually include the following:
1. has lost his job and is unemployed;
2. Have paid a certain social insurance fee;
3. Have a stable work and income record for a certain period of time before unemployment;
4. Not reaching the statutory retirement age.
Iii. Feasibility of applying for unemployment benefits by legal persons
After the cancellation of the company, if the legal person does lose his job and meets the above conditions for claiming unemployment benefits, then it is possible for him to claim unemployment benefits. However, it should be noted that legal persons may need to deal with some legal liabilities and economic disputes related to the company during the cancellation of the company, which may affect their eligibility and process of applying for unemployment benefits.
In addition, if a legal person works in another company immediately after the company is cancelled, then he may not meet the conditions for applying for unemployment benefits, because unemployment benefits are to protect those who really lose their jobs and are unemployed.
To sum up:
During the cancellation of the company, whether a legal person can apply for unemployment benefits depends on the specific circumstances. If a legal person does lose his job after the cancellation and meets the conditions for claiming unemployment benefits, then he can apply for unemployment benefits. However, if the legal person still holds the position of the company during the cancellation process or works for another company immediately after cancellation, it may not meet the conditions for claiming unemployment benefits. Therefore, when deciding whether to apply for unemployment benefits, legal persons need to carefully consider their actual situation and application conditions.
Legal basis:
Social Insurance Law of the People's Republic of China
Article 45 stipulates that:
Unemployed persons who meet the following conditions shall receive unemployment insurance money from the unemployment insurance fund:
(a) before unemployment, the employer and I have paid unemployment insurance premiums for one year;
(two) the employment is not interrupted because of my will;
(three) have been registered as unemployed and have job requirements.
Company Law of the People's Republic of China
Article 188 stipulates:
After the liquidation of the company, the liquidation group shall prepare a liquidation report, submit it to the shareholders' meeting, the shareholders' meeting or the people's court for confirmation, and submit it to the company registration authority to apply for cancellation of company registration and announce the termination of the company.