Are employees receiving working capacity loss allowance also entitled to unemployment benefits in Vietnam?
- Are employees concluded employment contracts with a term of less than 1 month entitled to unemployment benefits in Vietnam?
- Are employees receiving working capacity loss allowance also entitled to unemployment benefits in Vietnam?
- Is it possible to accumulate the period of payment of unemployment insurance premiums for receipt of unemployment insurance benefits in Vietnam?
Are employees concluded employment contracts with a term of less than 1 month entitled to unemployment benefits in Vietnam?
In Clause 1, Article 21 of Decree 28/2015/ND-CP, amended by Clause 9, Article 1 of Decree 61/2020/ND-CP, it is stipulated:
Termination of unemployment benefits
1. The cases employees who are entitled to unemployment benefits are terminated their unemployment benefits shall be defined as follows:
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b) The receiving employee manages to find a job
An employee will be deemed as employed of he/she falls into one of the following cases:
- He/she has concluded an employment contract, a seasonal labor contract or a piecework contract with a term of full 1 month or more. The date on which the employee is determined as having a job is the effective date of the employment or labor contract in accordance with law;
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Thus, in case an employee has concluded an employment contract with a term of less than 1 month, he/she is still deemed as employed and is still entitled to unemployment benefits.
Are employees receiving working capacity loss allowance also entitled to unemployment benefits in Vietnam?
Are employees receiving working capacity loss allowance also entitled to unemployment benefits in Vietnam?
At Point b, Clause 1, Article 49 of the Law on Employment 2013, it is stipulated:
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.
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Accordingly, employees receiving working capacity loss allowance will not be eligible to receive unemployment benefits.
Is it possible to accumulate the period of payment of unemployment insurance premiums for receipt of unemployment insurance benefits in Vietnam?
In Article 45 of the Law on Employment 2013, there are provisions as follows:
Period of payment of unemployment insurance premiums
1. The period of payment of unemployment insurance premiums for receipt of unemployment insurance benefits is the total of consecutive or interrupted periods of payment of unemployment insurance premiums from the starting time of such payment to the time the worker terminates his/her labor contract or working contract under law but during which he/she has not yet received any unemployment allowance.
2. After a worker stops receiving unemployment allowance, his/her previous period of payment of unemployment insurance premiums is not counted for receiving unemployment allowance for the subsequent time. The period of payment of unemployment insurance premiums for the subsequent receipt of unemployment insurance benefits will be counted from the beginning, except the case of stopping receiving unemployment allowance under Points b, c, h, l, m and n, Clause 3, Article 53 of this Law.
3. The period of payment of unemployment insurance premiums is not counted for receiving job loss allowance or severance pay under the laws on labor and public employees.
And based on Article 49 of the Law on Employment 2013, there are provisions 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:
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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, the period of unemployment insurance payment considered to receive unemployment insurance is the total of consecutive or discontinuous periods of unemployment insurance payment accumulated.
However, it can only be accumulated within 24 months before termination of fixed-term employment contracts, indefinite-term employment contracts, and within 36 months with employment contracts for a certain job with the term ranges from 3 months to less than 12 months.
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