After resigning, in order to ensure the full rights and legitimate interests of employees, especially regarding unemployment insurance benefits and social insurance, employees need to pay attention to the following 3 important actions:
Article table of contents
3 important tasks employees need to do after leaving the job to receive insurance money (Illustrative photo)
1. Retrieve Social Insurance Book from the Employer
According to Clause 3, Article 48 of the Labor Code 2019, the employer is responsible for completing procedures to confirm the period of social insurance payment, unemployment insurance, and returning it together with the original documents if the employer has retained them from the employee.
Moreover, Clauses 4 and 5, Article 21 of the Social Insurance Law 2014 stipulate that the employer is responsible for cooperating with the social insurance agency to pay social insurance benefits. At the same time, the employer must return the social insurance book to the employee and confirm the period of social insurance payment when the employee terminates the labor contract, working contract, or leaves the job as per the legal regulations.
Therefore, when an employee leaves the job, the employer is responsible for cooperating with relevant agencies to confirm and return the social insurance book to the employee.
2. Avail Unemployment Benefits
* Conditions for Availing Unemployment Benefits
According to Article 49 of the Employment Law, employees subject to mandatory unemployment insurance are entitled to unemployment benefits when all the following conditions are met:
- Termination of the labor contract or working contract, except in the following cases:
+ The employee unilaterally terminates the labor contract or working contract illegally;
+ Receiving pension or monthly loss of working capacity allowance;
- For indefinite-term labor contracts or definite-term labor contracts: having paid unemployment insurance for at least 12 months within the 24 months before termination of the labor contract or working contract.
For seasonal labor contracts or a specific work term from 3 months to under 12 months: having paid unemployment insurance for at least 12 months within the 36 months before termination of the labor contract.
However, note that from January 1, 2021, the Labor Code 2019 takes effect, and there will no longer be a category of seasonal labor contracts or specific work terms from 3 months to under 12 months.
- The application for unemployment benefits has been submitted to the job service center established by the state job management agency.
- Have not found a job within 15 days from the date of submitting the application for unemployment insurance benefits.
* Dossier for Unemployment Benefits
According to Article 16 of Decree 28/2015, amended by Clause 6, Article 1 of Decree 61/2020/ND-CP, the dossier for unemployment benefits includes:
- Application for unemployment benefits as prescribed by the Minister of Labor, Invalids, and Social Affairs.
- The original or certified copy or the copy along with the original for comparison of one of the following documents confirming the termination of the labor contract or working contract:
- The expired labor contract or completed work contract;- Resignation decision;- Dismissal decision;- Disciplinary decision to dismiss;- Notification or agreement on terminating the labor contract or working contract;- Employer's confirmation with specific information about the employee; type of labor contract signed; reason, time of termination of the labor contract for the employee;- Confirmation from the competent state authority on the dissolution, bankruptcy of the enterprise or cooperative, or decision to dismiss, discharge, remove titles for appointed managers in case the employee is a manager of the enterprise or cooperative.
Note in case an employee does not have documents confirming the termination of the labor contract due to the employer not having a legal representative or authorized person, follow the provisions of Clause 6, Article 1 of Decree 61/2020/ND-CP.
Additionally, the employee needs to bring their ID card or Citizen Identification Card, household registration book, or temporary residence book along with the original for comparison.
- Social Insurance Book.
* Place to Submit Dossier for Unemployment Benefits: Job service center established by the state job management agency.
3. Avail Lump-sum Social Insurance Benefits
* Conditions for Availing Lump-sum Social Insurance Benefits
Under Clause 1, Article 60 of the Social Insurance Law, employees who are Vietnamese citizens and subject to mandatory social insurance but request to receive lump-sum social insurance benefits shall be eligible if they fall under one of the following cases:
- Reaching the retirement age prescribed but not having enough 20 years of social insurance contributions;
- For female employees who are specialized or non-specialized in commune, ward, or commune-level town activities and have from 15 years to under 20 years of social insurance contributions and are 55 years old;
- Going abroad to settle;
- …
* Dossier for Lump-sum Social Insurance Benefits
According to Article 109 of the Social Insurance Law, the dossier for lump-sum social insurance benefits includes:
- Social Insurance Book.
- Application for lump-sum social insurance benefits from the employee.
- For those going abroad to settle, an additional certified copy of the competent authority's confirmation of relinquishing Vietnamese nationality or a certified or notarized Vietnamese translation of one of the following documents:
+ Passport issued by a foreign country;+ Visa issued by the competent foreign authority confirming permission to enter with the reason for settling abroad;+ Confirmation of procedures for obtaining foreign nationality; confirmation or residence card, permanent residence for at least 5 years issued by the competent foreign authority.
- For employees suffering from one of the life-threatening diseases, the dossier must include a copy of the patient's medical records.
* Place to Submit Dossier for Lump-sum Social Insurance Benefits
According to Clause 2, Article 2 of Decision 166/QD-BHXH, to avail lump-sum social insurance benefits, the individual must submit the dossier at:
- District-level Social Insurance Agency at the place of residence;
- Provincial-level Social Insurance Agency (in case social insurance is decentralized to handle lump-sum social insurance benefits) at the place of residence.
The above are the 3 important tasks employees must promptly do after leaving the job to enjoy their rightful benefits and support. For the third task (avail lump-sum social insurance benefits), not all employees need to carry it out, but only those who meet the mentioned conditions.
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