In case of unilateral termination of the employment contract, are employees entitled to unemployment allowance in Vietnam?
If I have paid insurance premiums for 13 months, can I receive unemployment allowance in Vietnam?
Pursuant to Clause 2, Article 49 of the 2013 Law on Employment of Vietnam, the time period for paying unemployment insurance premiums to receive unemployment allowance as follows:
Conditions for unemployment allowance receipt
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2. Having paid unemployment insurance premiums for at least full 12 months within 24 months before terminating the employment 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 employment contract, for the case specified at Point c, Clause 1, Article 43 of this Law.
Pursuant to Clause 1, Article 43 of the 2013 Law on Employment of Vietnam as follows:
Compulsory participants in unemployment insurance
1. Workers are obliged to participate in unemployment insurance when working under employment contracts or working contracts below:
a/ Employment contracts or working contracts of indefinite time;
b/ Employment contracts or working contracts of definite time;
c/ Seasonal or job-based working contracts with a term of between full 3 months and under 12 months.
In case a worker has signed and is performing more than one employment contract specified in this Clause, the worker and the employer under the employment contract signed first shall participate in unemployment insurance.
Thus, in this case, within 24 months before the termination of the employment contract, if the employee has paid insurance premiums for 13 months, he/she is eligible for the insurance period to enjoy the unemployment allowance.
In case of unilateral termination of the employment contract, are employees entitled to unemployment allowance in Vietnam?
In case of unilateral termination of the employment contract, are employees entitled to unemployment allowance in Vietnam?
Pursuant to Article 49 of the 2013 Law on Employment of Vietnam, the conditions for unemployment allowance receipt are 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 employment contract or working contract, except the following cases:
a/ He/she unilaterally terminates the employment 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 employment 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 employment 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, according to the above provisions, in the case of illegal unilateral termination of the employment contract, the employee will not be entitled to unemployment allowance.
What is illegal unilateral termination of employment contract in Vietnam?
Pursuant to the provisions of Article 39 of the 2019 Labor Code of Vietnam, the unilateral termination of an employment contract will be illegal if it does not comply with regulations of Article 35, 36 and 37 of the 2019 Labor Code of Vietnam.
According to that, the provisions of Article 35 of the 2019 Labor Code of Vietnam are as follows:
The right of an employee to unilaterally terminates the employment contract in Vietnam
1. An employee shall have the right to unilaterally terminate the employment contract, provided he/she notices the employer in advance:
a) at least 45 days in case of an indefinite-term employment contract;
b) at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;
c) at least 03 working days in case of an employment contract with a fixed term of under 12 months;
d) The notice period in certain fields and jobs shall be specified by the government.
2. An employee is shall have the right to unilaterally terminate the employment contract without prior notice if he/she:
a) is not assigned to the work or workplace or not provided with the working conditions as agreed in the employment contract, except for the cases specified in Article 29 of this Labor Code;
b) is not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of this Code.
c) is maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the employee’s health, dignity or honor; is forced to work against his/her will;
d) is sexually harassed in the workplace;
dd) is pregnant and has to stop working in accordance with Clause 1 Article 138 of this Labor Code.
e) reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties; or
g) finds that the employer fails to provide truthful information in accordance with Clause 1 Article 16 of this Labor Code in a manner that affects the performance of the employment contract.
Thus, in case the employee is not subject to illegal unilateral termination of employment contract, he/she may be entitled to unemployment allowance.
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