Vietnam: Voluntarily quitting and being fired, are employees entitled to unemployment benefits? What documents do you need to apply for unemployment benefits?
How long does the employee voluntarily quit without permission, the company has the right to fire in Vietnam?
Pursuant to Article 125 of the Labor Code 2019, the company has the right to dismiss employees as follows:
Article 125. Dismissal for disciplinary reasons
An employer may dismiss an employee for disciplinary reasons in the following circumstances:
1. The employee commits an act of theft, embezzlement, gambling, deliberate infliction of injuries or uses drug at the workplace;
2. The employee discloses technological or business secrets or infringing the intellectual property rights of the employer, or commits acts which are seriously detrimental or posing seriously detrimental threat to the assets or interests of the employer, or commits sexual harassment in the workplace against the internal labor regulations;
3. The employee repeats a violation which was disciplined by deferment of pay rise or demotion and has not been absolved. A repeated violation means a violation which was disciplined and is repeated before it is absolved in accordance with Article 126 of this Code.
4. The employee fails to go to work for a total period of 05 days in 30 days, or for a total period of 20 days in 365 days from the first day he/she fails to go to work without acceptable excuses.
Justified reasons include natural disasters, fires; the employee or his/her family member suffers from illness with a certification by a competent health facility; and other reasons as stipulated in the internal labor regulations.
Thus, according to Clause 4, Article 125 above, if the employee voluntarily quits his/her job for 05 days within 30 days, the employer has the right to fire. In her case, she quit her job for more than 05 days without an application for permission and without a good reason, so the company made the decision to dismiss in this case.
Vietnam: Voluntarily quitting and being fired, are employees entitled to unemployment benefits? What documents do you need to apply for unemployment benefits?
Voluntarily quitting and being fired, are employees entitled to unemployment benefits in Vietnam?
Conditions for enjoying unemployment insurance are specified in Article 49 of the Employment Law 2013 as follows:
Article 49. 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.
Accordingly, the first two conditions are that the employee must pay full unemployment insurance for a full 12 months or more in the 24 months before terminating the labor contract and must terminate the labor contract in accordance with the law.
In the case of her official work at the company from 05/12/2020 to 02/04/2022, she has participated in insurance for 12 months or more is subject to unemployment insurance benefits. According to her information, she voluntarily quit her job for more than 05 days and was dismissed by the company so this case is not considered an illegal unilateral termination of the contract.
Thus, when you have qualified for the time to pay social insurance premiums and terminate the contract in accordance with the law, if you only need to apply for unemployment benefits as prescribed, after 15 days from the time of filing, if you still do not have a job, you will receive benefits.
What documents do you need to apply for unemployment benefits in Vietnam?
Pursuant to Article 16 of Decree 28/2015/ND-CP (amended by Clause 6 Article 1 of Decree 61/2020/ND-CP) stipulating the dossier of application for unemployment benefits as follows:
Article 16. Application for unemployment benefit
1. A written form of unemployment benefit defined by the Minister of Labor, War Invalids and Social Affairs.
2. The primary or certified true copy, or the duplicate copy submitted along the primary copy for checking purposes, of one of the following documents certifying the termination of the labor or employment contract:
…
c) Dismissal decision;
…
3. Social insurance books
social insurance organizations shall certify the premium payment of unemployment insurance and return the social insurance book to employees within 05 working days from receipt of the request of the employers.
Employers being agencies, units and enterprises of the Ministry of National Defense, the Ministry of Public Security shall, within 30 days, social insurance of the Ministry of National Defense , social insurance of the people’s public security forces shall certify the premium payment of unemployment insurance and return the social insurance book to employees from the date of receipt of the request of the employers.
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