Unemployment benefits are welfare policies that serve as a lifeline for unemployed employees in Vietnam. From July 15, 2020, there will be some supplements to the conditions for termination of unemployment benefits compared to previous regulations.
Article table of contents
Hanoi-Vietnam: Supplement to the conditions for termination of unemployment benefits (Illustrative image)
1. Additional method for determining “having employment” to terminate unemployment benefits
According to Clause 3, Article 53 Employment Law, individuals receiving unemployment benefits will have their benefits terminated in the following cases:
- Have the expired unemployment benefit period;
- Have employment;
- Perform military service or police duty;
- …
The case of “having employment” is guided by Point b, Clause 1, Article 21 of Decree 28/2015/ND-CP amended and supplemented by Clause 9, Article 1 of Decree 61/2020/ND-CP. The determination of “having employment” for employees is as follows:
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Before July 15, 2020 |
From July 15, 2020 |
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1 |
Have signed an employment contract or a working contract for full 03 months or more. The date on which the employee is determined to have a job is the date on which the employment contract or working contract takes effect in accordance with the provisions of law. |
Have concluded a working contract, a seasonal or an employment contract according to a certain job with a term of full 01 month or more. The date on which the employee is determined to have a job is the effective date of the working contract or employment contract in accordance with the provisions of law. |
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2 |
Have a recruitment decision for cases that are not subject to the conclusion of an employment contract or working contract. The date of employment in this case shall be determined as the date of commencement of work of such person stated in the recruitment decision. |
Have a decision on recruitment or appointment for cases that are not subject to the conclusion of an employment contract or working contract. The date on which the employee is determined to have a job in this case is the date on which the employee is recruited or appointed stated in the recruitment or appointment decision. |
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3 |
Employees notify that they have a job at the employment service center. The date on which the employee is determined to have a job is the date stated in the notice of employment of the employee. |
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4 |
Have a household business registration certificate in case the employee is the head of the household business or having an enterprise registration certificate in case the employee is the owner of the enterprise. The date on which the employee is determined to have a job is the date on which the employee notifies the employment service center of the commencement of business activities by the household business or enterprise; |
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From July 15, 2020, the method of determining “employment” has significant changes compared to previous regulations.
2. Additional reasons considered unreasonable when refusing employment
According to Point d, Clause 1, Article 21 of Decree 28/2015/ND-CP, as amended and supplemented by Clause 9, Article 1 of Decree 61/2020/ND-CP, after two instances of the employee refusing a job introduced by the employment service center where he/she is receiving unemployment benefits without justifiable reasons, the employee will have unemployment benefits terminated.
Note: Employees receiving unemployment benefits who refuse employment under the following cases are determined to have no justifiable reasons:
- The employee is introduced to a suitable job by the employment service center in line with their training or the job they have done as recorded in the employment consultation and introduction form but does not attend the recruitment interview;
- The employee participates in the recruitment interview as introduced by the employment service center while receiving unemployment benefits and is hired by the employer but does not accept the job, except in the case where the job does not match the recruitment announcement of the employer.
From July 15, 2020, in addition to the two currently applied reasons, a new reason has been added to this regulation: the employee participates in a recruitment interview as introduced by the employment service center where he/she is receiving unemployment benefits and is hired by the employer but does not accept the job, except in the case where the job does not match the recruitment announcement of the employer.
These are the two changes in the conditions for terminating unemployment benefits that employees need to know to protect their interests.
Le Vy
- Key word:
- termination of unemployment benefits
- Vietnam
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