Are people who quit their jobs without notice eligible for unemployment benefits in Vietnam?
Are people who quit their jobs without notice eligible for unemployment benefits in Vietnam? - Ms. Thu (Long An)
Who are compulsory participants in unemployment insurance in Vietnam?
Pursuant to Article 43 of the Law on Employment in 2013, compulsory participants in unemployment insurance in Vietnam are:
(1) Workers
Workers are obliged to participate in unemployment insurance when working under labor contracts or working contracts below:
- Labor contracts or working contracts of indefinite time;
- Labor contracts or working contracts of definite time;
- Seasonal or job-based working contracts with a term of between full 3 months and under 12 months.
(2) Employers
- State agencies, public non-business units and people’s armed forces units;
- Political organizations, socio-political organizations, socio-political-professional organizations, social organizations and socio-professional organizations; foreign agencies and organizations and international organizations operating in the Vietnamese territory;
- Enterprises, cooperatives, households, business households, cooperative groups, other organizations and individuals that hire or employ workers under the labor contracts or working contracts specified in Clause 1 Article 43 of the Law on Employment in 2013.
Are people who quit their jobs without notice eligible for unemployment benefits in Vietnam? - Source: Internet
Are people who quit their jobs without notice eligible for unemployment benefits in Vietnam?
Pursuant to Article 49 of the Law on Employment in 2013 stipulating conditions for unemployment allowance receipt 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.
According to the above regulations, workers must meet all four eligibility requirements for unemployment benefits in order to be eligible for unemployment benefits. Specifically:
(1) Terminating the labor contract or working contract, except the following cases:
- He/she unilaterally terminates the labor contract or working contract in contravention of law;
- He/she receives monthly pension or working capacity loss allowance.
(2) Period of paid unemployment insurance premiums
- 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 the Law on Employment in 2013.
- 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 the Law on Employment in 2013.
(3) Having submitted a dossier for receipt of unemployment allowance to an employment service center under Clause 1, Article 46 of the Law on Employment in 2013.
(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 cases as prescribed in Clause 4, Article 49 of the Law on Employment in 2013.
Therefore, quitting without notice is the unilateral termination of the labor contract by the worker illegally (violating the notice period). Therefore, workers who quit without notice may not be eligible for unemployment benefits.
How to calculate current unemployment benefit in Vietnam?
Pursuant to Article 8 of the Circular 28/2015/TT-BLĐTBXH, unemployment benefit in Vietnam shall be calculated as follows:
|
Monthly unemployment benefit |
= |
Average salary of 6 consecutive months over which the unemployment insurance premiums are paid before unemployment |
x |
60% |
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