If a person works for 1 month and then resigns, can he/she receive unemployment insurance in Vietnam?
If it's been more than 3 months since I resigned at my old company and I haven't received unemployment insurance yet. After that, I pay insurance for 1 month at another company and then resign, am I eligible to receive unemployment insurance at this time?
If a person works for 1 month and then resigns, can he/she receive unemployment insurance in Vietnam? (Image from the Internet)
Article 49 of the Employment Law 2013 stipulates that a worker 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.
According to Article 12 of Decree 28/2015/ND-CP stipulating:
Employees who are paying unemployment insurance premium shall be employees with the month preceding the date of termination of labor contracts or working contract paid unemployment insurance and certified by social insurance organizations...
So, in case you resigned at the old company, when you go to work at the new company, you have paid social insurance for 1 month, then you have met the conditions for the adjacent month.
Therefore, if you ensure the conditions to receive unemployment allowances according to Article 49 of the 2013 Employment Law, you can apply for unemployment allowances.
According to the provisions of Article 16 of Decree 28/2015/ND-CP stipulating the application for unemployment allowances:
1. A written form of unemployment benefit (according to form).
2. An original or certified true copy of one of the following documents:
- The labor contract or working contract expired or terminated under its term;
- The resignation decision;
- The dismission decision;
- Disciplinary decisions on dismissal;
- The written notice or agreement of termination of the labor contract or working contract.
3. Social insurance books
Within 03 months from the date of termination of labor contract or working contract, employees who have no jobs and need unemployment benefit shall directly submit 01 application for unemployment benefits to employment service center in the locality where employees want to receive unemployment benefits.
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