Notification on how monthly job search is carried out according to current regulations
Notice on How Monthly Job Search Notifications are Carried Out
Pursuant to Article 52 of the Employment Law 2013 which regulates notifications regarding job search, specifically:
Notification on Job Search
1. During the unemployment benefit period, every month, the worker must directly notify the Employment Service Center where he/she is receiving unemployment benefits about the job search, except in the following cases:
a) The worker is ill, on maternity leave, or has an accident with a certificate issued by a competent medical facility according to the regulations on medical examination and treatment;
b) Force majeure circumstances.
2. In the cases specified in points a and b of Clause 1 of this Article, the worker is responsible for notifying the Employment Service Center where he/she is receiving unemployment benefits.
3. The Ministry of Labor, Invalids and Social Affairs shall guide the implementation of this Article.
During the unemployment benefit period, every month, the worker must directly notify the Employment Service Center where he/she is receiving unemployment benefits about the job search, except for the following cases where the worker is responsible for notifying the Employment Service Center where he/she is receiving unemployment benefits:
- The worker is ill, on maternity leave, or has an accident with a certificate issued by a competent medical facility according to the regulations on medical examination and treatment.
- Force majeure circumstances.
How is monthly job search notification carried out according to current regulations?
Current Unemployment Benefit Levels
Pursuant to Article 50 of the Employment Law 2013 which regulates the level, duration, and timing of unemployment benefits as follows:
Unemployment Benefit Levels, Duration, and Timing
1. The monthly unemployment benefit level is 60% of the average monthly salary contribution to unemployment insurance of the six consecutive months before unemployment but does not exceed five times the statutory pay rate for workers under state-determined wage policies or five times the regional minimum wage according to the Labor Code for workers contributing to unemployment insurance under employer-determined wage policies at the time of termination of the labor contract.
2. The duration of unemployment benefits is calculated based on the number of months of unemployment insurance contribution, with 12 months to 36 months of contribution entitling three months of unemployment benefits. Subsequently, every additional 12 months of contribution entitles another month of unemployment benefits, up to a maximum of 12 months.
3. The timing for receiving unemployment benefits starts from the 16th day from the date of submitting the complete application for unemployment benefits according to Clause 1, Article 46 of this Law.
Accordingly, for those contributing to unemployment insurance for 12 to 36 months, they are entitled to three months of unemployment benefits, with each month receiving an amount equal to 60% of the average monthly salary contribution to unemployment insurance of the six consecutive months before unemployment.
After that, for every additional 12 months of contribution, they are entitled to another month of unemployment benefits.
Can Workers Resume Receiving Unemployment Benefits If Suspended Due to Failure to Notify About Job Search Monthly?
The continuation of unemployment benefits is stipulated in Article 20 of Decree 28/2015/ND-CP as follows:
Continuation of Unemployment Benefits
1. If a worker's unemployment benefits are suspended according to Clause 1, Article 53 of the Employment Law, and if there is still time to receive unemployment benefits according to the decision of the Director of the Department of Labor, Invalids and Social Affairs, and the worker continues to notify about the job search monthly according to regulations, then within two working days from the date the worker notifies about the job search, the Employment Service Center will submit a proposal to the Director of the Department of Labor, Invalids and Social Affairs to decide on the continuation of unemployment benefits for the worker.
The decision on the continuation of unemployment benefits will be sent by the Employment Service Center: one copy to the provincial social insurance agency to continue payment of unemployment benefits to the worker; one copy to the worker. The decision to continue unemployment benefits is made according to the form prescribed by the Minister of Labor, Invalids and Social Affairs.
2. During the suspension period of unemployment benefits, the worker does not receive unemployment benefits.
Thus, if a worker's unemployment benefits are suspended for not notifying about the job search monthly to the Employment Service Center, and if there is still time to receive unemployment benefits according to the decision of the Director of the Department of Labor, Invalids and Social Affairs, and the worker continues to notify about the job search monthly according to the regulations, then the worker can resume receiving unemployment benefits.
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