How many months of unemployment allowance can an employee who has paid unemployment insurance premiums for 24 months in Vietnam receive?
How many months of unemployment allowance can an employee who has paid unemployment insurance premiums for 24 months in Vietnam receive?
Under the provisions of Article 50 of the Employment Law 2013 stipulating the levels, duration and time of receipt of unemployment allowance:
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, 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.
Therefore, an employee who has paid unemployment insurance premiums for 24 months is entitled to three months of unemployment allowance.
How many months of unemployment allowance can an employee who has paid unemployment insurance premiums for 24 months in Vietnam receive?
What are the cases of termination of unemployment allowance receipt by an employee in Vietnam?
Under the provisions of Clause 3, Article 53 of the Employment Law 2013 stipulating the suspension, resumption and termination of unemployment allowance receipt:
Suspension, resumption and termination of unemployment allowance receipt
...
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.
....
Thus, an employee 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;
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;
- 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.
Are employees on unemployment allowance in Vietnam entitled to health insurance benefits?
Under the provisions of Article 51 of the Employment Law 2013 stipulating health insurance:
Health insurance
1. Persons on unemployment allowance are entitled to health insurance benefits in accordance with the law on health insurance.
2. Social insurance organizations shall pay health insurance premiums for persons on unemployment allowance from the Unemployment Insurance Fund.
Thus, employees on unemployment allowance are entitled to health insurance benefits according to the provisions of the law on health insurance.
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