Can I sign a new labor contract while receiving unemployment benefits?

Ms. Nguyen Thi Huong shared that she used to be a worker at a garment company in District 12, Ho Chi Minh City. During the recent layoffs, she was on the list of people who were notified, so she prepared to file for unemployment benefits when she lost her job.

While receiving benefits, Ms. Huong found a new job. The female worker wondered: "While receiving unemployment benefits, can I sign a new labor contract and participate in social insurance?"

Unemployed workers look for jobs at the end of the year (Photo: Xuan Truong).

Responding to this issue, lawyer Tran Van Nam (Ho Chi Minh City Bar Association) affirmed that during the period of unemployment benefits, employees still have the right to sign labor contracts when they find a new job. This does not violate any provisions of labor law.

When signing a new labor contract, it means that Ms. Huong is in a case of termination of unemployment benefits according to the provisions of Point b, Clause 3, Article 53 of the 2013 Law on Employment, Point b, Clause 1, Article 21 of Decree 8/2015/ND-CP (amended by Clause 9, Article 1 of Decree 61/2020/ND-CP) guiding the handling of cases where unemployed workers find jobs.

According to lawyer Nam, when signing a new labor contract, Ms. Huong still has the right to participate in social insurance.

To ensure participation in social insurance in mandatory cases in accordance with legal regulations, Ms. Huong must directly notify the Employment Service Center where she is receiving unemployment benefits that she has found a job.

At that time, Ms. Huong will have her unemployment insurance payment period reserved and used as a basis for calculating the unemployment benefit period for the next time when she meets the prescribed conditions.

"In Ms. Huong's case, the notification must be within the time limit prescribed in Clause 2, Article 21 of Decree 8/2015/ND-CP (amended by Clause 9, Article 1 of Decree 61/2020/ND-CP), which is within 3 working days from the date the employee has a new job," the lawyer stated.

Source: https://dantri.com.vn/an-sinh/dang-huong-tro-cap-that-nghiep-co-duoc-ky-hop-dong-lao-dong-moi-khong-20240123184950250.htm