Adding Cases Where Employees Are Considered Employed to Terminate Unemployment Insurance Benefits

Determination of Employment Status to Terminate Unemployment Benefits, 61/2020/ND-CP

Addition of Cases Where Employees are Determined to Have Employment to Terminate Unemployment Benefits

Decree 61/2020/ND-CP stipulates that an employee is considered to have employment when falling into one of the following cases:

- Has signed a labor contract, seasonal labor contract, or work-specific contract with a duration of at least 01 month or more (Currently, Decree 28 stipulates at least 3 months or more). The date on which the employee is determined to have employment is the effective date of the labor contract or work-specific contract according to legal regulations;

- Has a recruitment or appointment decision (Decree 28 only regulates having a recruitment decision) for cases not subject to labor contract or work-specific contract. The date on which the employee is determined to have employment in this case is the date on the recruitment or appointment decision;

- Has a business registration certificate in cases where the employee is the owner of a business household or has a business registration certificate if the employee is the owner of an enterprise. The date on which the employee is determined to have employment is the date the employee notifies the employment service center about the start of business operation; (This is a new case added in Decree 61/2020/ND-CP)

- The employee informs the employment service center that they have found a job. The date on which the employee is determined to have employment is the date stated in the employment notification of the employee.

Thus, it can be seen that Decree 61/2020/ND-CP has amended and supplemented the cases determined to have employment to terminate unemployment benefits previously regulated in Decree 28, and additionally, includes cases where the employee is a business household owner or enterprise owner.

Besides, Decree 61/2020/ND-CP also amends and supplements the case of an employee terminating unemployment benefits due to not notifying monthly job search information to the employment service center for 03 consecutive months during the period of unemployment benefits.

To be specific, Decree 61/2020/ND-CP supplements the following content: “The date on which the employee is determined to terminate unemployment benefits is the end date of the third consecutive month's notification period that the employee did not provide monthly job search information.”

See more amendments and supplements of Decree 61/2020/ND-CP HERE.

Nguyen Trinh

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