What are the amounts of support for employees who lose their jobs? What is the application for support granted to employees who are forced into termination of their employment contracts in Vietnam?
- Vietnam: What are the amounts of support for employees who lose their jobs according to Decision 6696/QD-TLD?
- What is the application for support granted to employees who are forced into termination of their employment contracts in Vietnam?
- What are the procedures for support granted to employees who are forced into termination of their employment contracts in Vietnam?
Vietnam: What are the amounts of support for employees who lose their jobs according to Decision 6696/QD-TLD?
Pursuant to the provisions in Article 17 of the Regulations attached to Decision 6696/QD-TLD in 2023, the level of support for employees who lose their jobs includes:
- VND 3,000,000 per capita:
+ Trade unionists;
+ Employees who are not trade unionists are females aged 35 years or older; employees are pregnant females; employees are raising natural or adopted children or fostering children under 6 years of age
- VND 2,100,000 per capita: Employees who are not trade unionists.
What are the amounts of support for employees who lose their jobs? What is the application for support granted to employees who are forced into termination of their employment contracts in Vietnam?
What is the application for support granted to employees who are forced into termination of their employment contracts in Vietnam?
Pursuant to the provisions of Article 15 of the Regulations attached to Decision 6696/QD-TLD in 2023, amended by Clause 13, Article 1 of Decision 7785/QD-TLD of 2023.
Support shall be granted to trade unionists an employees who are subject to labor contract termination as a result of their employer’s cancellation or reduction of purchase orders while ineligible for unemployment insurance if they were working under labor contracts and their employers have paid union dues until April 1, 2023. The conditions for support are as follows:
- They have their labor contracts terminated during the period from April 1, 2023 to December 31, 2023
- They are not eligible for unemployment benefits;
- Do not fall into the following cases:
+ they unilaterally terminate labor contracts in contravention of law;
+ they are sanctioned in the form of firing;
+ they fail to meet probation requirements or fall into the situation where the probation contract is made null or void by a contracting party;
+ they are paid retirement pensions or benefits for their incapacity to work on a monthly basis.
Accordingly, application for support granted to employees who are forced into termination of their employment contracts are specified in Article 18 of the Regulations attached to Decision 6696/QD-TLD in 2023 as follows:
Application package
1. Written application form submitted by trade unionists or employees wishing to receive support (using the Form 05 given in an Appendix hereto).
2. The copy of one of the following documents:
a) The labor contract which has expired or under which all contractual obligations have been discharged.
b) Resignation decision.
c) The written notice or agreement of termination of the labor contract.
3. The copy of the Social Insurance Book or the social insurance agency's confirmation of participation in compulsory social insurance and unemployment insurance.
4. Copies of written documents, plans, decisions on rearrangement of work, production and business of the employer leading to the termination of labor contracts with trade unionists and employees (if any).
5. If an employee who is not a trade unionist is a pregnant female; an employee is raising a biological or adoptive child or fostering a child under 6 years old, he/she shall be required to submit the following documents other than those mentioned above: Proof of pregnancy; birth certificate or evidence of birth of the child; certificate of adoption; decision on transfer of foster care of a child issued by a competent authority.
Thus, the proposed dossier of the employee who lost his or her job includes the above contents.
What are the procedures for support granted to employees who are forced into termination of their employment contracts in Vietnam?
Pursuant to the provisions of Article 19 of the Regulations attached to Decision 6696/QD-TLD in 2023, amended by Clause 15, Article 1 of Decision 7785/QD-TLD of 2023 as follows:
Any trade unionist or employee who wishes to receive support shall send an application to the immediate superior trade union or the provincial Federation of Labour of the place where he/she resides (permanently or temporarily) or where he/she terminates his/her labor contract.
Specifically, the order and procedures for requesting support when losing your job are carried out according to the following steps:
- Any trade unionist or employee who wishes to receive support shall send an application;
- The trade union receiving the application shall examine and guide the trade unionist or employee to submit the application; make a record of receipt of the application.
- Within 05 working days of receipt of the dossier, the receiving trade union shall send the dossier to the provincial Federation of Labor of the place where the applicant terminates his/her labor contract.
- Within 07 working days of receipt of the dossier, the provincial Federation of Labour of the place where the applicant terminates the labor contract shall collect necessary documents related to the applicant (if possible), review (or direct the immediate superior trade union to do so) and issue a decision to approve the list and support funding (using Form No. 02 in Appendix hereto);
+ Direct the immediate superior trade union of the place where the enterprise terminates the labor contract to transfer support funding or directly transfer the support funding to the applicant within 05 working days from the date of approval.
+ In case of disapproval, the provincial Federation of Labour of the place where the union member or employee terminates the labor contract shall notify in writing and clearly state the reasons therefor to the trade unionist or employee submitting application.
- Within 07 working days from the date of completed payment of support to trade unionists and employees, the trade union paying support shall send a list of trade unionists and employees signing for support (using Form No. 03 in the Appendix to these Regulations) or collect documents proving that the amounts of support have been paid to trade unionists and employees by wire transfer (if the trade union member or employee does not directly receive cash), and retain them in accordance with regulations
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