Cases of unilateral termination of labor contracts that are still entitled to unemployment benefits in Vietnam

Cases of unilateral termination of labor contracts that are still entitled to unemployment benefits in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Cases of unilateral termination of labor contracts that are still entitled to unemployment benefits in Vietnam

According to Article 35 of the Labor Code 2019, the right of an employee to unilaterally terminates the employment contract is stipulated as follows:

- An employee shall have the right to unilaterally terminate the employment contract, provided he/she notices the employer in advance:

+ At least 45 days in case of an indefinite-term employment contract;

+ At least 30 days in case of an employment contract with a fixed term of 12 – 36 months;

+ At least 03 working days in case of an employment contract with a fixed term of under 12 months;

+ The notice period in certain fields and jobs shall be specified by the government.

- An employee is shall have the right to unilaterally terminate the employment contract without prior notice if he/she:

+ Is not assigned to the work or workplace or not provided with the working conditions as agreed in the employment contract, except for the cases specified in Article 29 of thLabor Code 2019;

+ Is not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of the Labor Code 2019.

+ Is maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the employee’s health, dignity or honor; is forced to work against his/her will;

+ Is sexually harassed in the workplace;

+ Is pregnant and has to stop working in accordance with Clause 1 Article 138 of the Labor Code 2019.

+ Reaches the retirement age specified in Article 169 of the Labor Code 2019, unless otherwise agreed by the parties; or

+ Finds that the employer fails to provide truthful information in accordance with Clause 1 Article 16 of the Labor Code 2019 in a manner that affects the performance of the employment contract.

According to Clause 1, Article 49 of the Employment Law 2013, it is stipulated that only in cases of illegal unilateral termination of the employment contract will not be entitled to unemployment benefits. Therefore, employees who unilaterally terminate the labor contract in accordance with the above regulations will still be entitled to unemployment benefits.

2. What are the levels of unemployment allowance in Vietnam?

- The monthly unemployment allowance level equals 60% of the average monthly wage of 6 consecutive months before the worker becomes unemployed on which unemployment insurance premiums are based, but must not exceed 5 times the basic wage level, for workers receiving wages under the State-prescribed regime, or must not exceed 5 times the region-based minimum wage level under the Labor Code 2019, for workers who pay unemployment insurance premiums under the wage regime decided by employers at the time of termination of the labor contract or working contract.

- The duration of unemployment allowance receipt is based on the number of months of payment of unemployment insurance premiums. This duration is 3 months if the period of payment of unemployment insurance premiums is between full 12 months and full 36 months, which is added with 1 month for each additional period of payment of full 12 months, but must not exceed 12 months.

- The time for unemployment allowance receipt is counted from the 16 th day after the date of submission of a complete dossier for receipt of unemployment allowance as specified in Clause 1, Article 46 of the Employment Law 2013.

(Article 50 of the Employment Law 2013)

Nguyen Ngoc Que Anh

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