Vietnam: Will an employee who has twice refused to take up the job recommended by the employment service center has his/her unemployment allowance terminated?
Vietnam: Will an employee who has twice refused to take up the job recommended by the employment service center has his/her unemployment allowance terminated?
At Point d, Clause 3, Article 53 of the Law on Employment 2013, there are regulations on suspension, resumption and termination of unemployment allowance receipt 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.
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Accordingly, it is necessary to consider whether the employee refuses to accept a job introduced by the employment service center where he is receiving unemployment benefits and whether there is a legitimate reason and how many times he refuses.
Employees receiving unemployment benefits will have their unemployment benefits terminated when they have 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.
Vietnam: Will an employee who has twice refused to take up the job recommended by the employment service center has his/her unemployment allowance suspended?
What are the conditions for unemployment allowance receipt in Vietnam?
Pursuant to Article 49 of the Law on Employment 2013, it is stipulated 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, employees are entitled to unemployment benefits if they meet the above conditions.
What are the principles of unemployment insurance in Vietnam?
Pursuant to Article 41 of the Law on Employment 2013, regulations on principles of unemployment insurance are 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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