How to calculate monthly unemployment benefits in 2023

According to the law, what is the monthly unemployment benefit and how is it calculated? - Reader Nhat Le

How to calculate monthly unemployment benefits

The monthly unemployment benefit level of employees is determined as follows:

Monthly unemployment benefit level = Average salary of 6 consecutive months with unemployment insurance before unemployment x 60%

(1) In case the employee has a period of interruption in unemployment insurance payment in the last months before becoming unemployed, the 6 consecutive months used to calculate the unemployment benefit level is the average salary of the 6 months of unemployment insurance payment before the employee terminates the labor contract or work contract according to the provisions of law.

For example:

- Ms. Nguyen Thi A signed a 24-month labor contract with E Primary School with the following salary: from September 1, 2013 to August 31, 2014, it was 2,000,000 VND/month, from September 1, 2014 to August 31, 2015, it was 4,000,000 VND/month. However, from January 1, 2015 to June 30, 2015, Ms. A took maternity leave. After that, due to difficult family circumstances, she could not continue to perform the labor contract, so Ms. A submitted a resignation letter according to the provisions of the labor law and on July 1, 2015, E Primary School issued a decision to resign for Ms. A, the decision took effect from the date of signing.

Thus, the unemployment insurance salary used as the basis for calculating Ms. A's unemployment benefits is the average salary of the 6 consecutive months before she quit her job and paid unemployment insurance (July, August, September, October, November, December 2014).

Ms. A's monthly unemployment benefit is (2,000,000 VND x 2 months + 4,000,000 VND x 4 months)/6 x 60% = 2,000,000 VND/month.

- Mr. Dao Van B has continuously paid unemployment insurance for 38 months (from January 1, 2012 to February 28, 2015), the salary used as the basis for paying unemployment insurance for the last 6 months before the termination of the labor contract (from September 2014 to February 2015) is 8,000,000 VND/month, Mr. B is entitled to unemployment benefits for 3 months (Mr. B's unemployment benefits are calculated from April 5, 2015 to July 4, 2015). On May 2, 2015, Mr. B signed a 12-month labor contract with enterprise X (the salary used as the basis for paying unemployment insurance is 7,000,000 VND/month) and notified the employment service center as prescribed. Mr. B's unemployment benefits were terminated from May 2, 2015 and his 26 months of unemployment insurance contributions were retained. Due to illness requiring long-term treatment, on July 28, 2015, Mr. B agreed with Company X to terminate his employment contract and submit a second application for unemployment benefits.

The six consecutive months of unemployment insurance payment used as the basis for calculating Mr. B's unemployment benefits are the following months: December 2014 and January, February, May, June, July 2015.

Thus, Mr. B's monthly unemployment benefit is (8,000,000 VND x 3 months + 7,000,000 VND x 3 months)/6 x 60% = 4,500,000 VND/month.

(2) The maximum monthly unemployment benefit for employees shall not exceed 05 times the basic salary for employees subject to the salary regime prescribed by the State or not exceed 05 times the regional minimum wage as prescribed by the Labor Code for employees paying unemployment insurance under the salary regime decided by the employer at the time of termination of the labor contract.

For example: On January 1, 2015, Mr. Trinh Xuan C signed a 12-month labor contract with enterprise F with a salary of 70,000,000 VND/month. Enterprise F operates in region I, applying the regional minimum wage according to the Government 's regulations of 3,100,000 VND/month. Therefore, Mr. C's monthly salary for unemployment insurance is: 20 times x 3,100,000 VND = 62,000,000 VND/month.

On September 28, 2015, Mr. C agreed to terminate the labor contract with enterprise F and switched to a 3-month labor contract with enterprise G (from October 1, 2015 to December 31, 2015) with a salary of VND 80,000,000/month. Enterprise G has its headquarters operating in a region IV area, applying the regional minimum wage according to the Government's regulations of VND 2,150,000/month, but Mr. C does not work at the headquarters but works at a branch, this branch operates in a region III area, applying the regional minimum wage according to the Government's regulations of VND 2,400,000/month. Therefore, Mr. C participates and pays unemployment insurance at the social insurance organization where the branch operates with a salary of: 20 times x 2,400,000 VND = 48,000,000 VND/month.

When his labor contract with enterprise G expired, Mr. C submitted an application for unemployment benefits. Thus, 60% of the average salary of the 6 consecutive months before Mr. C terminated his labor contract is: (62,000,000 VND x 3 months + 48,000,000 VND x 3 months)/6 x 60% = 33,000,000 VND. However, according to regulations, Mr. C's unemployment benefits are not more than 5 times the regional minimum wage at the time he terminated his labor contract. Therefore, Mr. C's monthly unemployment benefits are 12,000,000 VND/month (2,400,000 VND x 5 times = 12,000,000 VND/month).

Pursuant to: Article 50 of the 2013 Law on Employment and Clause 1, Article 8 of Circular 28/2015/TT-BLDTBXH

Instructions for determining unemployment benefit month

Pursuant to Clause 2, Article 8 of Circular 28/2015/TT-BLDTBXH, the month of unemployment benefits as prescribed in Clause 4, Article 21 of Decree No. 28/2015/ND-CP is guided as follows:

The month of unemployment benefits is calculated according to the calendar month. Each month of unemployment benefits is calculated from the date the employee begins receiving unemployment benefits according to the provisions of Clause 3, Article 50 of the 2013 Law on Employment. to that day of the following month minus 01 day.

For example: Mr. Cao Van D is entitled to 3 months of unemployment benefits, the period of Mr. D's unemployment benefits is calculated from March 11, 2015 to June 10, 2015. Thus, the month of Mr. D's unemployment benefits is determined as follows:

- The first month of unemployment benefits is from March 11, 2015 to April 10, 2015;

- Second month of unemployment benefits from April 11, 2015 to May 10, 2015;

- Third month of unemployment benefits from May 11, 2015 to June 10, 2015.

Source: https://baoquocte.vn/cach-tinh-muc-huong-tro-cap-that-nghiep-hang-thang-nam-2023-238392.html