Is the unpaid leave period of at least 14 days included in the period required for the enjoyment of unemployment insurance benefits in Vietnam?
Is the unpaid leave period of at least 14 days included in the period required for the enjoyment of unemployment insurance benefits in Vietnam?
According to the guidance on the procedures for reporting increases, decreases, and adjustments in the payment of social insurance premiums (SI), health insurance premiums (HI), unemployment insurance premiums (UI), occupational accident and disease insurance premiums (OADI), as stipulated in Procedure 1.3 of the Appendix issued with Decision 896/QD-BHXH of 2021, employees taking unpaid leave for 14 working days or more in a month will be reported as a reduction of the number of employees so that they are not required to pay various types of insurance premiums, including unemployment insurance premiums.
Since unemployment insurance premiums will not be paid, this unpaid leave will not be included in the period required for enjoyment of unemployment insurance benefits in Vietnam.
Is the unpaid leave period of at least 14 days included in the period required for the enjoyment of unemployment insurance benefits in Vietnam?
What are the conditions for unemployment allowance receipt in Vietnam?
According to Article 49 of the Employment Law 2013, the conditions are specified 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.
Thus, employees are entitled to an unemployment allowance when they meet the stated conditions.
What are the cases of termination of unemployment allowance receipt in Vietnam?
According to Article 53 of the Employment Law 2013, the regulations are 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.
2. Workers who are suspended from receiving unemployment allowance may continue receiving it under the decisions on unemployment allowance receipt if the receipt duration has not yet expired and they monthly notify their job seeking under Article 52 of this Law.
3. A person on unemployment allowance will stop receiving it in the following cases:
a/ The duration of unemployment allowance receipt expires;
b/ He/she has found a job;
c/ He/she performs the military or public security service obligation;
d/ He/she receives monthly pension;
dd/ He/she has twice refused without a plausible reason to take up the job recommended by the employment service center of the locality where he/she currently receives unemployment allowance;
e/ He/she fails to monthly notify his/her job seeking under Article 52 of this Law for 3 consecutive months;
g/ He/she goes abroad for settlement or as guest worker;
h/ He/she attends a training course of full 12 months or longer;
i/ He/she is administratively sanctioned for violations of the law on unemployment insurance;
k/ He/she dies;
l/ He/she serves a decision on application of the measure to send him/her to a reformatory, compulsory education institution or compulsory detoxification establishment;
m/ He/she is declared by a court as missing;
n/ He/she is kept in temporary detention or serves a prison sentence.
4. Workers who stop receiving unemployment allowance in the cases specified at Points b, c, h, l, m and n, Clause 3 of this Article may have the period of payment of unemployment insurance premiums reserved for calculating the subsequent duration of receipt of unemployment allowance when they fully satisfy the conditions specified in Article 49 of this Law.
The reserved period equals the total of the periods of payment of unemployment insurance premiums minus the period during which the worker has received unemployment allowance, with one month of receipt of unemployment allowance equivalent to 12 months of payment of unemployment insurance premiums.
Thus, a person on unemployment allowance will stop receiving it in the following cases:
- The duration of unemployment allowance receipt expires;
- He/she has found a job;
- He/she performs the military or public security service obligation;
- He/she receives monthly pension;
- He/she has twice refused without a plausible reason to take up the job recommended by the employment service center of the locality where he/she currently receives unemployment allowance;
- He/she fails to monthly notify his/her job seeking under Article 52 of this Law for 3 consecutive months;
- He/she goes abroad for settlement or as guest worker;
- He/she attends a training course of full 12 months or longer;
- He/she is administratively sanctioned for violations of the law on unemployment insurance;
- He/she dies;
- He/she serves a decision on application of the measure to send him/her to a reformatory, compulsory education institution or compulsory detoxification establishment;
- He/she is declared by a court as missing;
- He/she is kept in temporary detention or serves a prison sentence.
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