How to handle the case where employees temporarily suspended unemployment benefits but are still in time of unemployment benefits in Vietnam?
How to handle the case where employees temporarily suspended unemployment benefits but are still in time of unemployment benefits in Vietnam?
In Clause 1, Article 20, Decree 28/2015/ND-CP has the following provisions:
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, if employees temporarily suspended unemployment benefits are still in time of unemployment benefits 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
How to handle the case where employees temporarily suspended unemployment benefits but are still in time of unemployment benefits in Vietnam?
What are the cases of suspension of unemployment allowance receipt in Vietnam?
Pursuant to Article 53 of the Law on Employment 2013, it is stipulated as follows:
Suspension, resumption and termination of unemployment allowance receipt
1. Persons on unemployment allowance will be suspended from receiving it if they fail to monthly notify their job seeking under Article 52 of this Law.
2. Workers who are suspended from receiving unemployment allowance may continue receiving it under the decisions on unemployment allowance receipt if the receipt duration has not yet expired and they monthly notify their job seeking under Article 52 of this Law.
3. A person on unemployment allowance will stop receiving it in the following cases:
a/ The duration of unemployment allowance receipt expires;
b/ He/she has found a job;
c/ He/she performs the military or public security service obligation;
d/ He/she receives monthly pension;
dd/ 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;
e/ He/she fails to monthly notify his/her job seeking under Article 52 of this Law for 3 consecutive months;
g/ He/she goes abroad for settlement or as guest worker;
h/ He/she attends a training course of full 12 months or longer;
i/ He/she is administratively sanctioned for violations of the law on unemployment insurance;
k/ He/she dies;
l/ He/she serves a decision on application of the measure to send him/her to a reformatory, compulsory education institution or compulsory detoxification establishment;
m/ He/she is declared by a court as missing;
n/ He/she is kept in temporary detention or serves a prison sentence.
4. Workers who stop receiving unemployment allowance in the cases specified at Points b, c, h, l, m and n, Clause 3 of this Article may have the period of payment of unemployment insurance premiums reserved for calculating the subsequent duration of receipt of unemployment allowance when they fully satisfy the conditions specified in Article 49 of this Law.
The reserved period equals the total of the periods of payment of unemployment insurance premiums minus the period during which the worker has received unemployment allowance, with one month of receipt of unemployment allowance equivalent to 12 months of payment of unemployment insurance premiums.
Accordingly, persons on unemployment allowance will be suspended from receiving it if they fail to monthly notify their job seeking according to regulations.
What are the principles of unemployment insurance in Vietnam?
Pursuant to Article 41 of the Law on Employment 2013, principles of unemployment insurance are stipulated as follows:
- Ensuring risk sharing among unemployment insurance participants.
- The levels of payable unemployment insurance premiums are based on wages of workers.
- The levels of unemployment insurance benefits are based on the levels and duration of payment of unemployment insurance premiums.
- Unemployment insurance is implemented in a simple, easy and convenient manner, promptly and adequately ensuring the interests of unemployment insurance participants.
- The Unemployment Insurance Fund is managed in a centralized, uniform, public, transparent and safe manner and protected by the State.
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