File for Proposal of Support Payment for Union Members and Employees Terminated from Employment Contracts but are Ineligible for Unemployment Benefits in 2023 Includes What?
How Much Financial Support Will Employees Who Lose Their Jobs or Have Reduced Work Hours Receive? Which Cases Will Be Supported by the Union?
Based on Section II of Resolution 06/NQ-DCT in 2022, the content is as follows.
Group 1: Union members with reduced work hours or job suspension:
Employees who are union members working under labor contract policies and have their daily work hours reduced, their number of working days in a week or month decreased (except for reduced overtime), or are suspended from work according to Clause 3, Article 99 of the Labor Code for 14 days or more from October 1, 2022, to March 31, 2023, and have an income in any month equal to or lower than the regional minimum wage as stipulated in Decree 38/2022/ND-CP.
Each eligible employee will receive a one-time financial support of VND 1,000,000.
Group 2: Union members who temporarily suspend labor contracts or take unpaid leave:
Employees who are union members and have temporarily suspended their labor contracts, or take unpaid leave continuously for 30 days or more (except for cases of suspension for personal reasons) from October 1, 2022, to March 31, 2023, where the suspension starts within this period.
Each eligible employee will receive a one-time financial support of VND 2,000,000.
Group 3: Union members who terminate labor contracts but are ineligible for unemployment benefits:
Employees who are union members and terminate their labor contracts from October 1, 2022, to March 31, 2023 (except for cases of illegal unilateral termination, dismissal as a disciplinary action, job trial period failure, or voluntary end of trial period agreements, retirement, or disability pension benefits), but are ineligible for unemployment benefits.
Each eligible employee will receive a one-time financial support of VND 3,000,000.
Specific support from the Union includes VND 1,000,000, VND 2,000,000, and VND 3,000,000 for different categories of workers.
To be specific, union members with reduced work hours or job suspension will receive VND 1,000,000 each.
Union members who temporarily suspend labor contracts or take unpaid leave will receive VND 2,000,000 each.
Union members who terminate their labor contracts but do not qualify for unemployment benefits will receive VND 3,000,000 each.
Document request for support payment for union members and employees who terminate labor contracts but do not qualify for unemployment benefits in 2023.
What Documents Are Required to Apply for Unemployment Benefits for Employees Who Lose Their Jobs?
According to Article 16 of Decree 28/2015/ND-CP, some provisions are amended by Clause 6, Article 1 of Decree 61/2020/ND-CP, stipulating the components of the dossier for requesting unemployment benefits for employees as follows:
- A request for unemployment benefits in the form prescribed by the Ministry of Labor, Invalids, and Social Affairs.- The original or a certified true copy or a copy attached to the original for comparison of one of the documents confirming the termination of the labor contract or working contract.- Social insurance book.
According to the above regulations, the social insurance agency is required to confirm the unemployment insurance contributions and return the social insurance book to employees within 05 working days from receiving the request from the employer.
For employers being agencies, units, or enterprises under the Ministry of National Defense or the Ministry of Public Security, within 30 days, the Social Insurance of the Ministry of National Defense or the Social Insurance of the People’s Public Security must confirm the unemployment insurance contributions and return the social insurance book to the employees from the date of receiving the request from the employer.
When Is the Deadline to Submit a Dossier Requesting Unemployment Benefits?
According to Article 17 of Decree 28/2015/ND-CP supplemented by Clause 7, Article 1 of Decree 61/2020/ND-CP, the regulations are as follows:
Submission of dossiers requesting unemployment benefits
1. Within 3 months from the date of termination of the labor contract or working contract, employees who are unemployed and wish to receive unemployment benefits must directly submit 01 set of dossiers requesting unemployment benefits as specified in Article 16 of this Decree to the employment service center at the locality where employees want to receive unemployment benefits.
2. Employees may authorize another person to submit the dossiers or send the dossiers by postal mail in one of the following cases:
a) Illness, maternity with certification from a competent medical facility;
b) Accident with certification from traffic police or a competent medical facility;
c) Fire, flood, earthquake, tsunami, enemy sabotage, or epidemic with certification from the Commune-level People’s Committee Chairman.
The date of submitting the dossiers requesting unemployment benefits in the above cases is the date the authorized person directly submits the dossiers, or the date stamped on the postal mail in the case of sending by postal mail.
3. The employment service center is responsible for receiving, checking the dossiers, issuing an appointment slip for returning results in the form prescribed by the Minister of Labor, Invalids, and Social Affairs, and delivering the appointment slip directly to the employee submitting the dossiers or sending it by postal mail to those submitting by postal mail; in case the dossiers do not comply with Article 16 of this Decree, the dossiers will be returned and the reasons clearly stated.
4. Within 15 working days from the date of submitting the dossiers requesting unemployment benefits, if the employees do not wish to receive unemployment benefits, they must directly or authorize another person to submit a request for not receiving unemployment benefits to the employment service center where they have submitted their dossiers.
Within 3 months from the termination of the labor contract or working contract, if employees are still unemployed and want to receive unemployment benefits, they must submit the dossiers requesting unemployment benefits to the local Employment Service Center.
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