Workers need to clearly understand the regulations on unemployment benefits to avoid losing their rights (Illustration: Pham Nguyen).
Ms. Giao paid social insurance (SI) from 2013 until January 2023. From February 2023 to July 2023, Ms. Giao took maternity leave. After her maternity leave ended, Ms. Giao wanted to take care of her young child, so she asked to take unpaid leave for the next 2 months (August 2023 and September 2023).
From October 2023, Ms. Giao asked to quit her job, the company decided to quit her job from October 1, 2023. At this time, Giao applied for unemployment benefits but was not accepted.
Ms. Giao wondered: "The system reported that the reason was because I did not participate in unemployment insurance from February 2023 to September 2023. Is that correct? The time I took on maternity leave and unpaid leave was still fully shown on the separate sheet for closing the social insurance book."
Responding to Ms. Giao, Vietnam Social Security said: "According to Article 49 of the Law on Employment, one of the conditions for receiving unemployment benefits is that the employee must be paying unemployment insurance."
The basis for determining that employees are paying unemployment insurance is clearly stated in Clause 4, Article 1 of Decree No. 61/2020/ND-CP dated May 29, 2020 of the Government amending and supplementing Clause 2, Article 12 of Decree No. 28/2015/ND-CP dated March 12, 2015.
Accordingly, employees are determined to be paying unemployment insurance according to the provisions of Article 49 of the Law on Employment when they fall into one of the following 5 cases.
Firstly, the employee has paid unemployment insurance for the month of termination of the labor contract or work contract and has been confirmed by the Social Insurance agency on the Social Insurance book.
Second, the employee has paid unemployment insurance for the month immediately preceding the month of termination of the labor contract or work contract and has been confirmed by the Social Insurance on the Social Insurance book.
Third, employees who have the month immediately preceding the month of termination of the labor contract, work contract or the month of termination of the labor contract, work contract but are absent from work due to illness or maternity for 14 working days or more in the month, do not receive monthly salary at the unit and are confirmed by the Social Insurance agency on the Social Insurance book.
Fourth, the employee has the month immediately preceding the month of termination of the labor contract, work contract or the month of termination of the labor contract, work contract and has been absent from work without pay for 14 working days or more in the month at the unit and is confirmed by the Social Insurance agency on the Social Insurance book.
Fifth, the employee has the month immediately preceding the month of termination of the labor contract or work contract or the month of termination of the labor contract or work contract and temporarily suspends the performance of the labor contract or work contract for 14 working days or more in the month at the unit and is confirmed by the Social Insurance agency on the Social Insurance book.
Thus, in Ms. Giao's case, after taking all her maternity leave, she did not work for 2 months and did not participate in unemployment insurance (unpaid leave in August 2023 and September 2023), so she is not entitled to unemployment benefits.
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