If emplolyees fail to notify the job seeking to employment service centers in Vietnam, will they have their unemployment benefits temporarily suspended?
- Are employees required to notify the job seeking to employment service centers while receiving unemployment benefits in Vietnam?
- If emplolyees fail to notify the job seeking to employment service centers in Vietnam, will they have their unemployment benefits temporarily suspended?
- If employees temporarily suspended unemployment benefits in case of failing to notify the job seeking to employment service centers, will they have their unemployment benefits continued?
Are employees required to notify the job seeking to employment service centers while receiving unemployment benefits in Vietnam?
In Article 10 of Circular 28/2015/TT-BLDTBXH regulations on notification of job search:
Notification of job seeking prescribed in Article 52 of the Law on employment
1. While on unemployment benefit payout, the employee shall directly and monthly notify his/her job seeking to the employment service center where he/she currently receives unemployment benefit using the form No. 16 issued herewith, except for regulations in Clauses 2 and 3 of this Article.
2. An employee receiving unemployment benefit is not required to give his/her monthly job seeking in any of following cases:
a) The employee is 60 years of age or older (for male) or 55 years of age or older (for female);
b) The employee suffers from a sickness mentioned in the list of long-term sicknesses certified by the competent medical facility;
c) The employee has maternity leave certified by the competent medical facility. If an employee whose wife dies in childbirth has to raise his child directly, his child’s birth certificate and his wife’s death certificate are required.
d) The employee is taking a vocational course according to a decision of the Director of Service of Labor, War Invalids and Social Affairs which certified by the vocational training facility;
dd) The employee is performing a casual labor contract or an under-3-month labor contract.
Within 3 working days from the date on which the employee faces any of the situations prescribed in Points b, c, d, and dd of this Clause, the employee must send a registered mail or authorize another person to apply for exemption from monthly notification of job seeking using the form No. 17 issued herewith and attach an original copy or a certified true copy of any of the above documents to the employment service center where he/she is receiving unemployment benefit, if the document is received by post, the sending date on the postmark. After the deadline for the aforesaid cases, the employee shall keep sending monthly notification of job seeking as prescribed.
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5. If the notification dates falls on the period over which the place of receiving unemployment benefit is changed as prescribed in Article 22 of Decree No. 28/2015/ND-CP, the employee is not required to send monthly notification of job seeking to the employment service center.
6. The employee receiving unemployment benefit shall be considered fulfilling his/her obligation to give monthly notifications of job seeking if they are accurate and have sufficient contents and the employee bears responsibility for their declaration.
Thus, according to the above regulations, While on unemployment benefit payout, the employee shall directly and monthly notify his/her job seeking to the employment service center where he/she currently receives unemployment benefit using the form No. 16 issued herewith, except for regulations in Clauses 2 and 3 of Article 10 of Circular 28/2015/TT-BLDTBXH.
If emplolyees fail to notify the job seeking to employment service centers in Vietnam, will they have their unemployment benefits temporarily suspended?
If emplolyees fail to notify the job seeking to employment service centers in Vietnam, will they have their unemployment benefits temporarily suspended?
Article 19 of Decree 28/2015/ND-CP stipulates the temporary suspension of unemployment benefits as follows:
Temporary suspension of unemployment benefits
1. Employees who are unemployment benefits must notify about finding employment under the provisions of Article 52 of the Law on Employment.
2. Within 02 working days from the date the employees do not notify about finding employment monthly as prescribed, employment service center where the employees are receiving unemployment benefits shall request the Director of the Services of Labour, War Invalids and Social Affairs for decision on the temporary suspension of unemployment benefits of the employees.
Decision on temporary suspension of unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance at province level in order to temporarily suspend the unemployment benefits for employees ; 01shall be sent to employees. Decision on temporary suspension of unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs .
Accordingly, within 02 working days from the date the employees do not notify about finding employment monthly as prescribed, employment service center where the employees are receiving unemployment benefits shall request the Director of the Services of Labour, War Invalids and Social Affairs for decision on the temporary suspension of unemployment benefits of the employees..
If employees temporarily suspended unemployment benefits in case of failing to notify the job seeking to employment service centers, will they have their unemployment benefits continued?
Continuing to enjoy unemployment benefits is stipulated in Article 20 of Decree 28/2015/ND-CP as follows:
Continuation of unemployment benefits
1. If employees temporarily suspended unemployment benefits under the provisions of Paragraph 1 of Article 53 of the Law on Employment are still in time of unemployment benefits in accordance with the decision of the Director of the Services of Labour, War Invalids and Social Affairs but continue to make notification about finding jobs every month as prescribed, within 02 working days from the date the employees notify about finding employment, employment service center shall request to the Director of the Services of Labour, War Invalids and Social Affairs for decision on the continuation of unemployment benefits for the employees
Decision on continuation of unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance at province level in order to continue to pay unemployment benefits for employees ; 01shall be sent to employees. Decision on continuation of unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs .
2. In the suspension period of unemployment benefits, the employees are not entitled to unemployment benefits.
Thus, employees are temporarily suspended unemployment benefits in case if they fail to monthly notify their job seeking to the employment service center if they still have time to receive unemployment benefits according to the decision of the employer. If the Director of the Department of Labor, War Invalids and Social Affairs continues to make monthly job search notices according to regulations, he or she will continue to receive unemployment benefits.
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