CONDITIONS FOR UNEMPLOYMENT ALLOWANCE

Unemployment insurance is an important guarantee for employees upon unemployment after quitting, losing their job, being fired… This is one of the mandatory insurance regimes applied to unemployees working under a labor contract or working contract. However, to receive benefits, this object needs to meet certain conditions for unemployment allowance.

Employees are currently paying unemployment insurance premium

Employees currently participating in unemployment insurance when working under a labor contract or working contract in the following cases:

– Indefinite term labor contract or working contract;

– Fixed-term labor contract or working contract;

–  Seasonal or job-based working contracts with a term of between full 3 months and under 12 months.

Noted, in case an employee has signed and is performing more than one labor contract specified above, the employee and the employer under the labor contract signed first shall participate in unemployment insurance.

The unemployment insurance premium according to current regulations for employees is equivalent to 1% of monthly salary.

The unemployment insurance participation period needs to meet the minimum level prescribed by law:

– For labor contracts, working contracts with indefinite-term or fixed-term: unemployment insurance premiums payment for at least full 12 months within 24 months before termination;

– Seasonal or job-based working contracts with a term of between full 3 months and under 12 months: unemployment insurance premiums payment for at least full 12 months within 36 months before termination.

The labor contract or working contract must be terminated properly

The employee is responsible for proving the termination of the labor contract or working contract through one of the following documents:

– The employment contract or public employee contract that has expired or under which all contractual obligations have been discharged;

– Decision to approve resignation;

– Dismissal decision;

– Decision on imposition of disciplinary sanction in the form of dismissal;

– Notice of or agreement on termination of employment contract or public employee contract;

– The employer’s confirmation which clearly provides the employee’s information; type of labor contract signed; reasons and time of termination of labor contract with the employee;

– A competent authority’s certification that the enterprise or cooperative is dissolved, goes bankrupt or decides to dismiss him/her, relieve him/her from duty or discharge him/her from the designated post in case the employee holds the post as a manager of that enterprise or cooperative;

– In case the employee does not have the documents certifying the termination of the employment contract because the employer has no legal representative and the person authorized by the legal representative, the procedures must be taken complying with laws.

– The document certifying the termination of the seasonal or piecework employment contract with the term ranging from 03 months to less than 12 months, it’s the such contracts.

Noted, employees will not be entitled to allowance in the case of: (i) The employee unilaterally terminates the labor contract or working contract illegally; or (ii) receive monthly pension or disability allowance.

The employee has submitted the application for unemployment allowance within the prescribed time limit

Applications for unemployment allowance must be submitted within 03 months from the date of termination of the labor contract or working contract.

The agency competent to receive and process documents is the employment service center established by the state management agency on employment.

>> Thủ tục hưởng trợ cấp thất nghiệp

Employees who cannot find a job after 15 days from the date of completing procedures for receiving unemployment allowance

An employee will be deemed as employed of he/she falls into one of the following cases:

– He/she has concluded an employment contract, a seasonal labor contract or a piecework contract with a term of full 1 month or more;

– There is a recruitment or appointment decision for cases in which an employee is not classified as eligible for entry into a labor or employment contract;

– He/she has business household registration certificate in case the employee is the homeowner of the business household, or has an enterprise registration certificate in case the employee is the business owner;

– The employee notifies the employment service center that he/she has got a job.

This regulation is except the following cases: He/she performs the military or public security obligation; He/she attends a training course of full 12 months or longer; He/she serves a decision on application of the measure to send him/her to a reformatory, compulsory education institution or compulsory detoxification establishment; He/she is kept in temporary detention or serves a prison sentence; He/she goes abroad for settlement or as guest worker; He/she dies.

>> REGIME FOR FEMALE EMPLOYEES BACK TO WORK EARLY AFTER MATERNITY https://linconlaw.vn/regime-for-female-employees-back-to-work-early-after-maternity/

>> WORK PERMIT, NOTES ABOUT DOCUMENTS OF FOREIGN WORKERS https://linconlaw.vn/work-permit-notes-about-documents-of-foreign-workers/