Currently, there are quite a few employees who are not clear about their rights when they resign, especially the unemployment benefits they will receive. In this article, Thu Ky Luat will clarify the following issues: contribution rate, conditions, amount of unemployment benefits; procedures, dossiers, duration, and timing of unemployment benefits.
Article table of contents
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Form for Requesting Unemployment Benefits
1. Unemployment Insurance Contribution Rate
Based on: Articles 57 and 58 of the Employment Law 2013; Articles 14 and 15 of Decision 595/QD-BHXH.
- Employees contribute 1% of their monthly salary;- Employers contribute 1% of the monthly salary fund of employees participating in Unemployment Insurance.
Note: If the monthly salary of the employee exceeds 20 times the regional minimum wage, the contribution will be based on 20 times the regional minimum wage.
2. Conditions for Unemployment Benefits
Based on: Article 49 of the Employment Law 2013.
First, the termination of the labor contract or working contract, except for the following cases:
- The employee unilaterally terminates the labor contract or working contract against the law;- Receiving a pension, monthly loss-of-working-capacity allowance.
Second, having contributed to Unemployment Insurance:
- For 12 months or more within 24 months before terminating an indefinite-term or definite-term labor contract;- For 12 months or more within 36 months before terminating a seasonal or specific-job labor contract with a term of 3 to 12 months.
Third, the employee has submitted an application for unemployment benefits at the employment service center within 3 months from the termination of the labor contract or working contract.
Fourth, has not found a job after 15 days from the date of submitting the application for unemployment benefits, except for the following cases:
- Performing military or police duties;- Studying with a term of 12 months or more;- Subject to a decision to attend a reform school, mandatory education center, or compulsory detoxification center;- Detained; serving a prison sentence;- Emigrating abroad; working overseas under a contract;- Died.
3. Application for Unemployment Benefits
Based on: Articles 16 and 17 of Decree 28/2015/ND-CP.
The employee shall submit one set of documents to the employment service center in the locality where the employee wishes to receive unemployment benefits, including:
- Request for unemployment benefits (according to Form No. 03 above);- Original or certified copy of one of the following documents confirming the termination of the labor contract or working contract:
+ Expired labor contract or working contract or completion of work according to the labor contract;+ Decision to quit;+ Decision of dismissal;+ Disciplinary decision of forced resignation;+ Notice or agreement on termination of the labor contract or working contract.
Case of termination of a seasonal labor contract or specific-job labor contract with a term from 3 to under 12 months requires the original or certified copy of that contract.
- Social insurance book.
Note: The employee can authorize another person to submit the documents or send the documents by post if they fall into one of the following cases: Illness, maternity with certification from an authorized medical facility; Accident with certification from traffic police or an authorized medical facility; Fire, flood, earthquake, tsunami, enemy disaster, epidemic with certification from the Chairman of the commune-level People's Committee.
4. Unemployment Benefit Amount
Based on: Clause 1, Article 50 of the Employment Law 2013.
The monthly unemployment benefit amount is 60% of the average monthly salary, which was used as the basis for Unemployment Insurance contributions of the last 6 consecutive months before unemployment.
Maximum benefit amount:
- For employees under the State-regulated salary policies: no more than 5 times the statutory pay rate.- For employees contributing to Unemployment Insurance under the employer-regulated salary policies: no more than 5 times the regional minimum wage.
5. Duration for Unemployment Benefits
Based on: Clause 2, Article 50 of the Employment Law 2013.
The duration of unemployment benefits is calculated based on the number of months contributing to Unemployment Insurance, with 12 to 36 months of contribution entitling 3 months of unemployment benefits, and for every additional 12 months of contribution, an extra month of unemployment benefits is granted, but the maximum is 12 months.
5. Starting Date of Unemployment Benefits
Based on: Clause 3, Article 50 of the Employment Law 2013.
The starting date for unemployment benefits is calculated from the 16th day after the date of submitting the complete application for unemployment benefits.
Hai Thanh
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