What are 09 cases where employees are not entitled to unemployment allowance in Vietnam? How long is the duration of receipt of unemployment allowance?
What are 09 cases where employees are not entitled to unemployment allowance in Vietnam?
Pursuant to Article 49 of the Law on Employment 2013, regulations on conditions for unemployment allowance receipt are specifically as follows:
Conditions for unemployment allowance receipt
A worker defined in Clause 1, Article 43 of this Law who currently pays unemployment insurance premiums may receive unemployment allowance when fully meeting the following conditions:
1. Terminating the labor contract or working contract, except the following cases:
a/ He/she unilaterally terminates the labor contract or working contract in contravention of law;
b/ He/she receives monthly pension or working capacity loss allowance.
2. Having paid unemployment insurance premiums for at least full 12 months within 24 months before terminating the labor contract or working contract, for the case specified at Points a and b, Clause 1, Article 43 of this Law; or having paid unemployment insurance premiums for at least full 12 months within 36 months before terminating the labor contract, for the case specified at Point c, Clause 1, Article 43 of this Law.
3. Having submitted a dossier for receipt of unemployment allowance to an employment service center under Clause 1, Article 46 of this Law.
4. Having not yet found any job after 15 days from the date of submission of the dossier for receipt of unemployment allowance, except the following cases:
a/ He/she performs the military or public security obligation;
b/ He/she attends a training course of full 12 months or longer;
c/ He/she serves a decision on application of the measure to send him/her to a reformatory, compulsory education institution or compulsory detoxification establishment;
d/ He/she is kept in temporary detention or serves a prison sentence;
dd/ He/she goes abroad for settlement or as guest worker;
e/ He/she dies.
Accordingly, there are 09 cases where employees are not entitled to unemployment benefits, including:
(1) He/she unilaterally terminates the labor contract or working contract in contravention of law;
(2) He/she receives monthly pension or working capacity loss allowance.
(3) He/she performs the military or public security obligation;
(4) He/she attends a training course of full 12 months or longer;
(5) He/she serves a decision on application of the measure to send him/her to a reformatory, compulsory education institution or compulsory detoxification establishment;
(6) He/she is kept in temporary detention or serves a prison sentence;
(7) He/she goes abroad for settlement or as guest worker;
(8) He/she dies.
(9) He/she fails to submit an application for unemployment insurance within 3 months from the date of termination of the labor contract.
What are 09 cases where employees are not entitled to unemployment allowance in Vietnam? How long is the duration of receipt of unemployment allowance?
How long is the duration of receipt of unemployment allowance in Vietnam?
Pursuant to Article 50 of the Law on Employment 2013, there are regulations on the duration of receipt of unemployment allowance as follows:
Levels, duration and time of receipt of unemployment allowance
1. The monthly unemployment allowance level equals 60% of the average monthly wage of 6 consecutive months before the worker becomes unemployed on which unemployment insurance premiums are based, but must not exceed 5 times the basic wage level, for workers receiving wages under the State-prescribed regime, or must not exceed 5 times the region-based minimum wage level under the Labor Code, for workers who pay unemployment insurance premiums under the wage regime decided by employers at the time of termination of the labor contract or working contract.
2. The duration of unemployment allowance receipt is based on the number of months of payment of unemployment insurance premiums. This duration is 3 months if the period of payment of unemployment insurance premiums is between full 12 months and full 36 months, which is added with 1 month for each additional period of payment of full 12 months, but must not exceed 12 months.
3. The time for unemployment allowance receipt is counted from the 16 th day after the date of submission of a complete dossier for receipt of unemployment allowance as specified in Clause 1, Article 46 of this Law.
Thus, the duration of receipt of unemployment allowance is 3 months if the period of payment of unemployment insurance premiums is between full 12 months and full 36 months
After that, the dration is added with 1 month for each additional period of payment of full 12 months, but must not exceed 12 months.
What are the cases of suspension of unemployment allowance receipt in Vietnam?
Pursuant to Clause 1, Article 53 of the Law on Employment 2013 stipulates as follows:
Suspension, resumption and termination of unemployment allowance receipt
1. Persons on unemployment allowance will be suspended from receiving it if they fail to monthly notify their job seeking under Article 52 of this Law.
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Compare Article 52 of the Law on Employment 2013 with regulations on notification of job seeking, specifically as follows:
Notification of job seeking
1. While on unemployment allowance, monthly, a worker shall directly notify his/her job seeking to the employment service center of the locality where he/she currently receives unemployment allowance, except the following cases:
a/ He/she is sick or on maternity leave or has an accident as certified in writing by a competent health establishment prescribed by the law on medical examination and treatment;
b/ Force majeure cases.
2. The worker shall notify the case specified at Point a or b, Clause 1 of this Article to the employment service center of the locality where he/she currently receives unemployment allowance.
3. The Ministry of Labor, War Invalids and Social Affairs shall guide the implementation of this Article.
In addition, based on Article 19 of Decree 28/2015/ND-CP regulations on temporary suspension of unemployment benefits as follows:
Temporary suspension of unemployment benefits
1. Employees who are unemployment benefits must notify about finding employment under the provisions of Article 52 of the Law on Employment.
2. Within 02 working days from the date the employees do not notify about finding employment monthly as prescribed, employment service center where the employees are receiving unemployment benefits shall request the Director of the Services of Labour, War Invalids and Social Affairs for decision on the temporary suspension of unemployment benefits of the employees.
Decision on temporary suspension of unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance at province level in order to temporarily suspend the unemployment benefits for employees ; 01shall be sent to employees. Decision on temporary suspension of unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs .
Accordingly, workers receiving unemployment benefits must notify their job seeking.
Within 02 working days from the date the employees do not notify about finding employment monthly as prescribed, employment service center where the employees are receiving unemployment benefits shall request the Director of the Services of Labour, War Invalids and Social Affairs for decision on the temporary suspension of unemployment benefits of the employees.
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