Method for Calculating Unemployment Benefits when Employees Have Interrupted Unemployment Insurance Contributions

In Clause 1, Article 8 of Circular 28/2015/TT-BLDTBXH guiding the implementation of Article 52 of the Employment Law and certain articles of Decree 28/2015/ND-CP guiding the Employment Law regarding unemployment insurance issued by the Minister of Labor, Invalids and Social Affairs, it is stipulated:

The monthly unemployment benefit of an employee is determined as follows:

Monthly unemployment benefit = Average salary of the 6 consecutive months with unemployment insurance contributions before unemployment x 60%.

In the case where the employee has interruptions in unemployment insurance contributions in the last months before unemployment, the 6 consecutive months used to calculate the unemployment benefit is the average salary of the 6 months with unemployment insurance contributions before the labor contract or employment contract was terminated in accordance with the law.

Example 1: Mrs. Nguyen Thi A signed a 24-month labor contract with Primary School E with the salary as follows: from September 1, 2013, to August 31, 2014, it was 2,000,000 VND/month, from September 1, 2014, to August 31, 2015, it was 4,000,000 VND/month. However, from January 1, 2015, to June 30, 2015, Mrs. A took maternity leave enjoying policies. After that, due to family difficulties, she could not continue fulfilling the labor contract, so Mrs. A submitted a resignation request according to labor law regulations, and on July 1, 2015, Primary School E issued a resignation decision for Mrs. A, effective from the date of signing. Therefore, the salary for unemployment insurance contributions used as a basis to calculate Mrs. A's unemployment benefit is the average salary of the 6 consecutive months before she resigned and had unemployment insurance contributions (July, August, September, October, November, December of 2014). Mrs. A's monthly unemployment benefit is (2,000,000 VND x 2 months + 4,000,000 VND x 4 months)/6 x 60% = 2,000,000 VND/month.

Example 2: Mr. Dao Van B had continuous unemployment insurance contributions for 38 months (from January 1, 2012, to February 28, 2015), and the salary used as the basis for unemployment insurance contributions for the last 6 months before terminating the labor contract (from September 2014 to February 2015) was 8,000,000 VND/month. Mr. B received unemployment benefits for a period of 3 months (the period for Mr. B's unemployment benefits is calculated from April 5, 2015, to July 4, 2015). On May 2, 2015, Mr. B signed a 12-month labor contract with Company X (the salary used as the basis for unemployment insurance contributions was 7,000,000 VND/month) and reported to the employment service center as per the regulations. Mr. B stopped receiving unemployment benefits from May 2, 2015, and retained 26 months of unemployment insurance contributions. Due to illness requiring long-term treatment, on July 28, 2015, Mr. B agreed with Company X to terminate the labor contract and submitted a dossier to apply for unemployment benefits for the second time. The 6 consecutive months with unemployment insurance contributions to calculate Mr. B's unemployment benefit are as follows: December 2014 and January, February, May, June, July 2015. Therefore, Mr. B's monthly unemployment benefit is (8,000,000 VND x 3 months + 7,000,000 VND x 3 months)/6 x 60% = 4,500,000 VND/month.

You can refer to more:

Is unemployment insurance available if the dossier is not submitted after 3 months?

Are public employees eligible for unemployment benefits when they resign?

Can unemployment benefits continue when studying?

The above is consultation content.

Sincerely!