Will unemployment benefits be suspended when I forget to notify my job seeking in Vietnam?

Will unemployment benefits be suspended when I forget to notify my job seeking in Vietnam?

May I ask, I have received 1 month of unemployment benefits but I forgot to notify about finding a job, will I be suspended from receiving unemployment benefits in Vietnam?

Reply:

Pursuant to Clause 1, Article 53 of the 2013 Employment Law providing for suspension, resumption and termination of unemployment allowance receipt as follows:

1. Persons on unemployment allowance will be suspended from receiving it if they fail to monthly notify their job seeking under Article 52 of this Law.

2. Workers who are suspended from receiving unemployment allowance may continue receiving it under the decisions on unemployment allowance receipt if the receipt duration has not yet expired and they monthly notify their job seeking under Article 52 of this Law.

According to the provisions of Article 52 of the Employment Law 2013, while on unemployment allowance, monthly, a worker shall directly notify his/her job seeking to the employment service center of the locality where he/she currently receives unemployment allowance, except the following cases:

a/ He/she is sick or on maternity leave or has an accident as certified in writing by a competent health establishment prescribed by the law on medical examination and treatment;

b/ Force majeure cases.

Thus, based on the above regulations in Vietnam, employees who do not make monthly job search notices will be temporarily suspended from receiving unemployment benefits, except for some cases mentioned above.

In addition, if there is still time to enjoy according to the decision in Vietnam, they will be entitled to unemployment benefits when announcing the monthly job search as prescribed.

Therefore, you need to contact the Employment Service Center to make the notification.

Is it possible to reserve an odd number of months when applying for unemployment benefits in Vietnam?

Please ask, I have paid social insurance for 18 months. Due to the pandemic, I had to resign her job and I was told that if I paid full 12 months, I would receive 3 months of unemployment benefits. I wonder if I get 3 months? And can I reserve the remaining 5 months?

Reply:

According to the provisions of Clause 2, Article 50 of the Employment Law 2013 on the level, 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.

And in Clause 7, Article 18 of Decree 28/2015/ND-CP stipulating settlement of unemployment benefits as follows:

7. Period of receipt of unemployment benefits shall be calculated based on months of payment of unemployment insurance premiums as defined in paragraph 2 of Article 50 of the Law on Employment. Employees who have paid unemployment insurance over 36 months, the months that have not settled the unemployment benefits shall be reserved as a basis of calculating the period of the next unemployment benefits when the employees are qualified for unemployment benefits as prescribed.

Thus, in case an employee has paid unemployment insurance premiums for more than 36 months, the odd periods that have not been settled for unemployment benefits will be reserved for the next time of enjoyment. Therefore, if the payment period is less than 36 months, it will not be reserved in Vietnam.

Compared to your case, you have a period of unemployment insurance payment of 18 months, you are entitled to unemployment benefits for a period of 03 months and are not allowed to reserve odd months with unemployment insurance contributions as prescribed in Vietnam.

Can I get unemployment benefits if I resign against the law and have paid compensation for the contract in Vietnam?

Please ask: Why am I legally compensating the contract but I don't receive unemployment insurance money?

Reply:

Pursuant to Article 40 of the Labor Code 2019 stipulating obligations of the employee upon illegal unilateral termination of the employment contract, as follows:

The employee who illegally unilaterally terminates his/her employment contract shall:

1. Not receive the severance allowance.

2. Pay the employer a compensation that is worth his/her half a month’s salary plus (+) an amount equal to his/her salary for the remaining notice period from the termination date.

3. The employee shall reimburse the employer with the training costs in accordance with Article 62 of this Code.

According to Clause 1, Article 49 of the 2013 Employment Law on 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.

Thus, according to the above provisions in Vietnam, if you unilaterally terminate the labor contract illegally, you will have to compensate the labor contract for the employer and not be entitled to unemployment benefits.

Best regards!