Unemployment insurance is a policy to partially compensate employees' income when they lose their jobs, support employees in learning a trade, maintaining their jobs, and finding jobs based on contributions to the Unemployment Insurance Fund.
According to Article 42 of the 2014 Law on Employment, employees receive 4 benefits when participating in unemployment insurance, including:
- Unemployment benefits.
- Support consulting and job referrals.
- Vocational Support.
- Support training, fostering, and improving vocational skills to maintain employment for workers.
According to Vietnam Social Security, employees who are paying unemployment insurance while working under a labor contract will receive unemployment benefits when meeting all the conditions specified in Article 49 of the Law on Employment.
The first is termination of the labor contract or work contract, except in the following cases: The employee unilaterally terminates the labor contract or work contract illegally; receives monthly pension or disability allowance.
Second, having paid unemployment insurance for at least 12 months within 24 months prior to the termination of the labor contract or work contract in the case of employees participating in unemployment insurance when working under an indefinite-term contract or a fixed-term contract; having paid unemployment insurance for at least 12 months within 36 months prior to the termination of the labor contract in the case of employees participating in unemployment insurance when working under a seasonal labor contract or a certain job with a term of 3 months to less than 12 months.
Third, you have submitted your application for unemployment benefits to the employment service center within 3 months from the date of termination of the labor contract or work contract.
Fourth, not finding a job after 15 days from the date of submitting the application for unemployment insurance, except for the following 6 cases: Performing military service, police service; studying for a term of 12 months or more; executing a decision to apply measures to send to a reformatory school, compulsory education facility, compulsory drug rehabilitation facility; being detained, serving a prison sentence; settling abroad, working abroad under a contract; death.
According to Vietnam Social Security, as long as employees meet the four conditions above, they will receive unemployment benefits, regardless of the number of times they receive benefits.
Thus, according to current regulations, employees are not limited in the number of times they can receive unemployment insurance. This means that if an employee has received unemployment insurance benefits before, he or she will still receive unemployment insurance benefits the next time if he or she meets the conditions for unemployment insurance benefits according to the above regulations.
Unemployment benefit level
In Clause 1, Article 8 of Circular 28/2015/TT-BLDTBXH, the monthly benefit level of employees is determined according to the formula: Unemployment benefit level = 60% x Average salary of 6 consecutive months with unemployment insurance contributions before unemployment.
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 benefit level is the average salary of the 6 months of unemployment insurance payment before the employee terminates the contract.
The maximum monthly allowance shall not exceed 5 times the basic salary for those who implement the salary regime prescribed by the State or not exceed 5 times the regional minimum wage for those who implement the salary regime decided by the employer at the time of contract termination.
Duration of unemployment benefits According to Article 50 of the 2013 Law on Employment, the duration of benefits is calculated based on the number of months of unemployment insurance contributions. For every 12 to 36 months of contributions, you will receive 3 months of unemployment benefits. After that, for every additional 12 months of contributions, you will receive 1 additional month of benefits, but not exceeding 12 months.
Note: The time to receive benefits is calculated from the 16th day from the date of submission of complete documents.
Unemployment benefits application
According to Article 16 of Decree 28/2015/ND-CP, the application for unemployment benefits includes:
Application for unemployment benefits; Original or certified copy of one of the following documents confirming the termination of the labor contract or employment contract (Labor contract or employment contract has expired or has completed the work according to the contract, termination decision, dismissal decision; disciplinary decision forcing termination, notice or agreement to terminate the contract); Social insurance book.
Minh Hoa (t/h)
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