Will persons who are performing police duty be entitled to receive unemployment allowance? What are the levels of unemployment allowance in Vietnam?
Will persons who are performing police duty be entitled to receive unemployment allowance in Vietnam?
Pursuant to Article 49 of the Law on Employment 2013, specific conditions for benefits 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, according to the above regulations, people who are performing police duties will not be entitled to unemployment benefits.
Will persons who are performing police duty be entitled to receive unemployment allowance in Vietnam? (Image from the Internet)
What are the levels of unemployment allowance in Vietnam?
According to the provisions of Article 50 of the Law on Employment 2013, regulations on the levels, duration and time of receipt of unemployment allowance are specifically as follows:
Levels, duration and time of receipt of unemployment allowance
1. The monthly unemployment allowance level equals 60% of the average monthly wage of 6 consecutive months before the worker becomes unemployed on which unemployment insurance premiums are based, but must not exceed 5 times the basic wage level, for workers receiving wages under the State-prescribed regime, or must not exceed 5 times the region-based minimum wage level under the Labor Code, for workers who pay unemployment insurance premiums under the wage regime decided by employers at the time of termination of the labor contract or working contract.
2. The duration of unemployment allowance receipt is based on the number of months of payment of unemployment insurance premiums. This duration is 3 months if the period of payment of unemployment insurance premiums is between full 12 months and full 36 months, which is added with 1 month for each additional period of payment of full 12 months, but must not exceed 12 months.
3. The time for unemployment allowance receipt is counted from the 16 th day after the date of submission of a complete dossier for receipt of unemployment allowance as specified in Clause 1, Article 46 of this Law.
Thus, according to the above regulations, the monthly unemployment allowance level equals 60% of the average monthly wage of 6 consecutive months before the worker becomes unemployed.
Note: The levels of unemployment allowance will not exceed:
- 5 times the basic wage level, for workers receiving wages under the State-prescribed regime.
The current statutory pay rate is 1,800,000 VND (as prescribed in Decree 24/2023/ND-CP)
- 5 times the region-based minimum wage level under the Labor Code, for workers who pay unemployment insurance premiums under the wage regime decided by employers.
The current region-based minimum wage applies according to the provisions of Decree 38/2022/ND-CP.
When will a person on unemployment allowance stop receiving unemployment allowance in Vietnam?
Pursuant to Article 53 of the Law on Employment 2013, 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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