Hot: 05 Cases Where Employees Are Considered to Be Paying Unemployment Insurance

05 cases where employees are determined to be currently paying unemployment insurance (Illustration)

Decree 61/2020/ND-CP stipulates, an employee is determined to be currently paying unemployment insurance as specified in Article 49 of the Law on Employment when he/she falls into one of the following cases:

- The employee has paid unemployment insurance for the month of termination of the labor contract or working contract, and the social insurance agency has confirmed it in the social insurance book;

- The employee has paid unemployment insurance for the month immediately preceding the month of termination of the labor contract or working contract, and the social insurance agency has confirmed it in the social insurance book;

- The employee has a month immediately preceding the month of termination of the labor contract, working contract, or the month of termination of the labor contract, working contract in which he/she took leave due to illness or maternity for 14 or more working days in the month, without receiving monthly salary at the unit and the social insurance agency has confirmed it in the social insurance book;

- The employee has a month immediately preceding the month of termination of the labor contract, working contract, or the month of termination of the labor contract, working contract in which he/she took unpaid leave for 14 or more working days in the month at the unit and the social insurance agency has confirmed it in the social insurance book;

- The employee has a month immediately preceding the month of termination of the labor contract, working contract, or the month of termination of the labor contract, working contract in which he/she temporarily suspended the performance of the labor contract or working contract for 14 or more working days in the month at the unit and the social insurance agency has confirmed it in the social insurance book.

Currently, according to Decree 28/2015/ND-CP, an employee who is currently paying unemployment insurance is defined as an employee who has paid unemployment insurance for the month immediately preceding the time of termination of the labor contract or working contract and has been confirmed by the social insurance organization. The month immediately preceding includes the following periods:

- The employee has a month immediately preceding the time of termination of the labor contract or working contract, takes leave to enjoy maternity or illness policies for 14 or more working days without receiving monthly salary at the unit and enjoys social insurance benefits;

- The employee has a month immediately preceding the time of termination of the labor contract or working contract in which he/she temporarily suspended the implementation of the labor contract or working contract in accordance with the law without receiving monthly salary at the unit.

Thus, it can be seen that, Decree 61/2020/ND-CP has amended and supplemented the cases in which employees are determined to be currently paying unemployment insurance as stipulated in Article 49 of the Law on Employment compared to the current regulations in Decree 28.

Note: The month of paying unemployment insurance of the employee is calculated if the employer and the employee have executed the labor contract or working contract and have paid unemployment insurance.

In case the employee has been granted unemployment benefits, after terminating the unemployment benefits, the social insurance agency shall additionally confirm the period of paying unemployment insurance. This period is determined as the period of paying but not yet receiving unemployment benefits as specified in Clause 1, Article 45 of the Law on Employment. (This is the new content added in Decree 61/2020/ND-CP compared to Decree 28).

Nguyen Trinh

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