Vietnam: Is an employee resigning while pregnant entitled to unemployment benefits?
Article 49 of the Employment Law 2013 stipulates the conditions for unemployment benefit receipt in Vietnam:
An employee defined in Clause 1, Article 43 of this Law who currently pays unemployment insurance premiums may receive unemployment benefits 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 benefits 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 benefits, 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.
Therefore, under the information you provided, if you file a resignation letter and the company approves it, your resignation is legal. If you meet the conditions regarding the period of unemployment insurance premium payment and other accompanying conditions, you will be eligible for unemployment benefits in Vietnam.
In case you apply for resignation while pregnant, the conditions for receiving unemployment benefits in Vietnam are not significantly different from the usual case.
Sincerely!
