If I work for a month and then resign, can I receive unemployment allowance in Vietnam?

If I work for a month and then resign, can I receive unemployment allowance in Vietnam?

I paid insurance for 15 years and I resign my job 4 months ago. After that, I went to work at another company (without probation) for 1 month and then I quit (12-month contract). This month I still get insurance. So can I still register for unemployment insurance if I resign my job now?

Reply:

Article 49 of the 2013 Employment Law stipulates conditions for unemployment allowance as follows:

Employees specified in Clause 1, Article 43 of this Law who are paying unemployment insurance are entitled to unemployment benefits when all of the following conditions are met:

1. Workers are obliged to participate in unemployment insurance when working under labor contracts or working contracts below:

a/ Labor contracts or working contracts of indefinite time;

b/ Labor contracts or working contracts of definite time;

c/ Seasonal or job-based working contracts with a term of between full 3 months and under 12 months.

In case a worker has signed and is performing more than one labor contract specified in this Clause, the worker and the employer under the labor contract signed first shall participate in unemployment insurance.

2. Workers defined in Clause 1 of this Article who are currently on pension or doing housework are not required to participate in unemployment insurance.

...

Your contract is for 12 months, falling under the case specified in Point b, Clause 1, Article 43 of this Law, so you will be eligible for unemployment insurance payment period to receive unemployment benefits from full 12 months. or more within 24 months before terminating the employment contract in Vietnam.

Based on your payment time and number of months of unemployment insurance payment in Vietnam, you will know exactly whether you are eligible to apply for unemployment benefits or not.

If I work for a month and then resign, can I receive unemployment allowance in Vietnam? (Image from the Internet)

How long after participating in unemployment insurance will I receive a maximum of 12 months of unemployment allowance in Vietnam?

Question: According to the law, how long after participating in unemployment insurance will I receive a maximum of 12 months of unemployment allowance in Vietnam?

Reply:

In Clause 2, Article 50 of the 2013 Employment Law, it is stipulated:

2. The duration of unemployment allowance receipt is based on the number of months of payment of unemployment insurance premiums. This duration is 3 months if the period of payment of unemployment insurance premiums is between full 12 months and full 36 months, which is added with 1 month for each additional period of payment of full 12 months, but must not exceed 12 months.

Thus,

- Full payment for 12 - 36 months: Calculate 03 months of benefits.

- After that: For every additional 12 months, you will receive 1 additional month of benefits.

- Maximum time to enjoy benefits = 12 months.

Therefore, to receive 12 months of unemployment benefits, employees must pay.

(9*12)+36= 144 months

Thus, to receive 12 months of unemployment benefits in Vietnam, the employee must have paid 144 months of unemployment insurance or more.

Can I receive unemployment insurance if I resign my job while pregnant in Vietnam? 

Hello. Let me ask you, I'm 5 months pregnant and often have to go to the hospital for check-ups. I asked the company to let me resign and the company approved. So can I get unemployment insurance? I have been unemployed for 5 years and 7 months.

Reply:

Article 49 of the 2013 Employment Law stipulates:

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.

Thus, comparing the information you provide, if you apply and the company approves the application, you will resign your job in accordance with regulations in Vietnam, according to this Article, if you ensure the unemployment insurance payment period as well as other accompanying conditions, you are eligible to receive unemployment allowance.

In case a pregnant woman resigns her job, the conditions for receiving unemployment allowance are no different from normal cases in Vietnam.

Best regards!