Distinguish between unemployment benefits, severance pay and unemployment benefits

Job loss allowance, severance pay and unemployment benefit are all payments that employees receive when they quit their jobs and have not found a suitable new job. However, the conditions and benefits of these subsidies are different and will be clarified in the article below.

Distinguish between unemployment benefits, severance pay and unemployment benefits

Distinguishing job loss allowance, severance pay and unemployment benefit (Illustration image) 

Criteria

Unemployment assistance

Severance allowance

Unemployment benefits

Legal basis

Article 47 Labor Code 2019

Article 46 Labor Code 2019

Article 49, Article 50  of the Employment Law 2013

Conditions for receiving subsidies

Having worked regularly for the employer for full 12 months or more but lost his job because the employer let the employee quit:

- Due to changes in structure, technology or economic reasons

- Split, split, merge, merge; sale, lease, change the type of business; Transfer of ownership, right to use assets of enterprises or cooperatives

Working regularly for the employer for full 12 months or more but terminates the labor contract due to:

- Contract expiration

- Complete the work according to the contract

- The parties agree to terminate the contract

- The employee is sentenced to prison but is not entitled to a suspended sentence or is not released, is sentenced to death, or is prohibited from doing the work specified in the contract.

- The worker dies; declared incapacitated, missing or dead

- The employer terminates its operation or is notified that there is no legal representative...

- Unilaterally terminate the lawful labor contract.

(Unless the employee is eligible for pension; the employee's contract is terminated because he or she voluntarily quits work for 5 consecutive days or more without a plausible reason)

- Termination of the labor contract, except for the following cases:

+ The employee unilaterally terminates the labor contract or labor contract illegally.

+ Monthly pension and allowance for loss of working capacity.

 - Have paid unemployment insurance for full 12 months in the 24 months before the contract termination

- Have submitted an application for unemployment benefits at the Employment Service Center within 3 months from the date of resignation

- Haven't found a job after 15 days from the date of submitting the application for unemployment insurance

 

Payee

Employers

Employers

Social insurance agencies

Working time for allowance calculation

Is the total actual working time, minus the time participating in unemployment insurance and the working time for which severance pay or loss of work is paid.

Is the total actual working time, minus the time participating in unemployment insurance and the working time for which severance pay or loss of work is paid.

Calculated according to the number of months of paying unemployment insurance premiums, for every full 12 months to full 36 months, they will enjoy 3 months of unemployment benefits.

After that, for every additional 12 months of full payment, you will be entitled to one more month of unemployment benefits, but not exceeding 12 months

Salary calculation allowance

Is the average salary according to the labor contract of the preceding 06 months before the employee loses his/her job

Is the average salary according to the labor contract of the preceding 6 months before the employee quits his job

Is the average salary on which unemployment insurance premiums are based for the last 6 months before unemployment

Subsidy level

Benefit level = Number of years to receive benefits x Average salary of 6 consecutive months under the contract before leaving work

Benefit rate = 1/2 x Number of years to receive benefits x Average salary of 06 consecutive months under the contract before leaving work

Benefit/month = 60% x Average monthly salary on which unemployment insurance premiums are based of the 6 preceding months before unemployment

Limit of benefit

Minimum benefit = 02 months salary

No maximum limit

Unlimited

No minimum limit

The maximum benefit level is not more than 05 times the base salary or 05 times the regional minimum salary, depending on the subject

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