28/03/2023 10:03

Collection of judgments on claims for unemployment insurance benefits in Vietnam

Collection of judgments on claims for unemployment insurance benefits in Vietnam

"I just quit my job but have not received unemployment insurance benefits. I would like to find some judgments on unemployment insurance claims for reference. Thank you!"_Ha Tuan (Ha Tinh, Vietnam)"

For the content you requested, Lawnet would like to send you the following judgments:

1. Judgment on claiming unemployment insurance benefits No. 08/2019/LD-ST

- Level of trial: First instance

- Judicial body: People's Court of Trang Bang district, Tay Ninh province

- Quoted content: " After leaving his job, Mr. L went to the Social Insurance of Trang Bang district to request the closing of the insurance book to make a dossier for unemployment insurance benefits, but the Social Insurance officer said that the insurance company still owes the insurance money; including unemployment insurance money the company deducted from his salary but did not pay to the insurance agency from May 2017 to December 2018, so he did not close the book until the time of leaving. Therefore, he did not have enough documents to apply for unemployment benefits. Since his retirement, he has not worked anywhere else. Now, he asked the company to pay unemployment insurance benefits, he should have been paid by insurance for the period of 4 years and 3 months of leave; the amount is 14,099,000 VND. In the Minutes of Conciliation dated October 18, 2019, Mr. L changed his request to the MD Company to compensate unemployment insurance benefits in the amount of VND 9,521,000."

2. The judgment on the unemployment insurance dispute and the closing of the insurance book No. 18/2018/LD-ST

- Level of trial: First instance

- Judicial body: People's Court of Tan Binh District, Ho Chi Minh City

- Quoted content: "On January 5, 2015, Ms. L joined V Express Delivery, a joint stock company. In September 2016, she was appointed to the position of deputy data entry department. On May 9, 2017, she quit her job; After leaving her job for 2 months, she went to the HR department to ask for the insurance book, but the company had not paid the money and could not close the book. On September 15, 2017, after being 1 month late in applying for unemployment insurance, she went to the company and sent a document to the human resources department but did not receive a response. On November 24, 2017, after the company announced that the insurance book had been closed, she went to the company to get the book as well as the unemployment insurance money, but the company still did not settle. Now, she requested the company pay the unemployment insurance premium of VND 11,550,000 and close the book from March 1, 2015, to May 9, 2017."

3. Judgment on unemployment insurance claim dispute No. 02/2019/LD-ST

- Level of trial: First instance

- Judicial body: People's Court of T city, Long An province

- Quoted content: "Ms. C determined, from the time the labor contract was terminated until the court finished settling the case of unilateral termination of the labor contract. The company did not pay her social insurance book. On May 7, 2019, she went to Long An Employment Service Center (T branch) to submit an application for unemployment benefits. However, Long An Employment Service Center replied that she was not entitled to unemployment benefits because the application file for unemployment benefits was incomplete and there was no confirmation of the process of paying unemployment insurance (no social insurance book). At the same time, the application deadline for unemployment benefits is overdue. On May 17, 2019, the Company announced that she had come to the Company to receive money and social insurance books, but she was busy with work, so she did not come to receive money. She then sent a response to the request to transfer money to her account, and at the same time, she was suing at the Court for unemployment insurance compensation, so she did not receive the social insurance book."

4. Judgment on disputes on social insurance, unemployment insurance, severance allowance No. 1890/2019/LD-ST

- Level of trial: First instance

- Judicial body: People's Court of Binh Thanh District, City. Ho Chi Minh

- Quoted content: "In 1993, Ms. A was accepted by Company E to work under the labor contract dated July 24, 1993, with the job as a branch accountant. Working place at T Quarry, D district, K province. In 2014, company E did not pay her salary. In May 2015, she applied to quit her job, but company E did not accept the application and did not give her leave, so she has continued to work until now. Now, she asks company E to terminate the labor contract with her and: close the social insurance book and return the social insurance book from September 2013 to the time the court hears the case; the social insurance payment from September 2013 to October 2017 is 41,365,500 VND; the severance allowance from August 1993 to December 2008 is VND 28,203,750; and the unemployment insurance premium from January 2009 to the date of trial is 20,306,700 VND. Other than that, she doesn't have any other requirements."

5. Judgment on disputes over social insurance, health insurance, unemployment insurance, and severance allowance upon termination of labor contract No. 04/2019/LD-PT

- Level of trial: Appellate

- Judicial body: Hai Phong City People's Court

- Quoted content: "On June 15, 2015, he was accepted to work at LD Shoe Factory under DV Company Limited, between him and the company signed a labor contract with a salary of 4,500,000 VND/month in 2015. ; 2016 is entitled to 5,300,000 VND/month; in 2017 are entitled to 6,200,000 VND/month. By early September 2017, he received a decision to terminate his employment contract on August 30, 2017. After receiving the decision, he was returned his social insurance book by the company. In the social insurance book, it shows that he participated in social insurance from June 2017 to August 2017 (total time of participation in insurance is 03 months). When he quit his job, he didn't receive any other benefits…"

Hua Le Huy

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