Can Branch Directors Receive Support According to Resolution 116?
According to Clause 1 Article 43 of the Employment Law 2013, the laborer is required to participate in unemployment insurance when working under a labor contract or a working contract as follows:
- Labor contract or working contract with indefinite term;
- Labor contract or working contract with definite term;
- Seasonal labor contract or specific job contract with a term from 03 months to less than 12 months.
Thus, being a director of a branch of a joint-stock company but signing a labor contract with the parent company, you are subject to participation in Social Insurance and Unemployment Insurance.
According to Section II of Resolution 116/NQ-CP in 2021 regarding the financial support for laborers affected by the COVID-19 pandemic from the Unemployment Insurance Fund's surplus, the applicable subjects include:
(1) Laborers participating in unemployment insurance as of September 30, 2021 (excluding laborers working in state agencies, political organizations, socio-political organizations, armed forces units, and public service providers that are guaranteed regular expenses by the state budget).
(2) Laborers who stopped participating in unemployment insurance due to termination of the labor contract or working contract between January 01, 2020, and September 30, 2021, with the period of unemployment insurance contribution being preserved according to the law on employment, excluding those receiving monthly pensions.
Therefore, if you belong to one of the above categories, you will still be supported by the Unemployment Insurance Fund under Resolution 116. Please cross-check to proceed correctly.
Please refer to the following articles for more information:
- When does the application period for receiving support from the Unemployment Insurance Fund begin?
Sincerely!
