What is the level of support for trade unionists and employees in Vietnam whose employment contracts have been terminated but ineligible for unemployment benefits in 2023?
- What is included in the application for support for trade unionists and employees whose employment contracts have been terminated but ineligible for unemployment benefits in Vietnam in 2023?
- Procedures to request support for trade unionists and employees whose employment contracts have been terminated but ineligible for unemployment benefits in Vietnam?
- What is the level of support for trade unionists and employees whose employment contracts have been terminated but ineligible for unemployment benefits in 2023?
What is included in the application for support for trade unionists and employees whose employment contracts have been terminated but ineligible for unemployment benefits in Vietnam in 2023?
Pursuant to the provisions of Article 18 of the Regulation promulgated together with Decision 6696/QD-TLD in 2023, the application file for payment of support to trade unionists and employees in Vietnam shall suspend the performance of the employment contracts or take unpaid leave in 2023 including:
- Request for support from trade unionists and employees
- Copy of one of the following documents:
+ The employment contract has expired or has completed the work according to the employment contract.
+ Resignation decision.
+ Notice or agreement to terminate the employment contract.
- A copy of the Social Insurance Book or the social insurance agency's certification of participation in compulsory social insurance and unemployment insurance.
- Copies of documents, plans, decisions on job arrangement, production and business of the employer leading to the termination of employment contracts with trade unionists and employees (if any).
- In case the employee is not a trade unionist but is a pregnant woman, the employee is raising a biological or adopted child or taking care of a child under 6 years old, a copy of one of the following documents must be added. : Papers proving that the employee is pregnant;
- Child's birth certificate or birth certificate; Certificate of adoption; A competent agency's decision on child care delivery and receipt.
What is the level of support for trade unionists and employees in Vietnam whose employment contracts have been terminated but ineligible for unemployment benefits in 2023?
Procedures to request support for trade unionists and employees whose employment contracts have been terminated but ineligible for unemployment benefits in Vietnam?
Pursuant to the provisions of Article 19 of the Regulation promulgated together with Decision 6696/QD-TLD in 2023 on the order and procedures for requesting support for trade unionists and employees whose employment contracts have been terminated but ineligible for unemployment benefits as follows:
- Trade unionists and employees wishing to receive support should send documents to the immediate superior trade union at the grassroots level or the provincial trade union where the trade unionist or employee resides (permanently or temporarily) or where the trade unionist resides. , the employee terminates the employment contract.
The trade union where the dossiers of the trade unionists are received, the employees shall examine and guide the trade unionists and employees to submit the dossiers according to Article 18 of this Regulation; make a record of receipt of dossiers of trade unionists and employees (under Form No. 06 in the Appendix issued with this Regulation)
The deadline for receiving dossiers is the end of March 31, 2023.
- Within 05 working days from the date of receiving the dossier of the trade unionist, the employee, the trade union receiving the dossier shall send the dossier to the provincial-level Trade union where the trade unionist or employee terminates the employment contract.
- Within 07 working days from the date of receipt of dossiers of trade unionists and employees, the provincial trade union where the trade unionist or employee terminates the employment contract shall collect necessary documents and documents related to trade unionists and employees (if possible), appraise (or direct the direct superior trade union to implement) and issue a decision approving the list and funding support (under Form No. 02 in the Appendix issued together with this Regulation);
- Directing the immediate superior trade union where the enterprise terminates the employment contract to transfer the support fund or directly transfer the support fund to the trade unionists and employees within 05 working days from the date of approval.
In case of disapproval, the provincial trade union where the trade unionist or employee terminates the employment contract shall notify in writing and clearly state the reasons therefor to the trade unionist and employee.
- Within 07 working days from the date of completion of the payment of support for trade unionists, employees and trade unions shall make a list of members and employees to sign for support (using Form No. 03 in the Appendix promulgated together with this Regulation) or a collection of documents proving that the support money has been transferred to the trade unionists and employees (in case the trade unionists or employees do not directly receive cash) and save them according to regulations.
What is the level of support for trade unionists and employees whose employment contracts have been terminated but ineligible for unemployment benefits in 2023?
According to the provisions of Articles 15, 16 and 17 of the Regulations issued together with Decision 6696/QD-TLD in 2023 on supporting trade unionists, employees whose employment contracts are terminated but are not eligible for benefits Unemployment benefits are as follows:
Regarding subjects of support:
Trade unionists and employees working under employment contracts at enterprises that have paid trade union dues before September 30, 2022, have their employment contracts terminated because the enterprises have cut or reduced orders but are ineligible for unemployment benefits.
Regarding support conditions:
Trade unionists and employees specified in this section are supported when meeting the following conditions:
- Terminate the employment contract from October 1, 2022 to the end of March 31, 2023, unless the employee unilaterally terminates the employment contract illegally; be disciplined and fired;
Agreement on the content of probation stated in the employment contract but the probationary period fails to meet the requirements or one party cancels the probation agreement; monthly pension and allowance for loss of working capacity.
- Not eligible for unemployment benefits.
Regarding support level:
- Employees are trade unionists; the employee is not a trade unionist but is a woman aged full 35 years or older, is a pregnant woman, the employee is raising a biological or adopted child or taking care of a child under 6 years old (only support for 01 person who is the mother or father or substitute carer): VND 3,000,000/person.
- Employees who are not trade unionists: VND 2,100,000/person.
Regarding payment methods:
- Lump-sum payment, by cash or bank transfer.
Nguyễn Thị Hồng Nhung
