HOW MUCH IS THE UNEMPLOYMENT ALLOWANCE?

Unemployment allowance is an important support to help employees get through the period of finding a new job after losing their job. The level of unemployment allowance in general and the level of unemployment allowance in particular are calculated on the basis of the unemployment insurance premiums rate and time.

Who is entitled to unemployment allowance and what are the conditions?

Employees who enter into a labor contract or working contract and are paying unemployment insurance are entitled to unemployment allowance and health insurance benefits during the period of unemployment when they fully meet the following conditions:

Termination of labor contract or working contract, except in the following cases:

+ He/she unilaterally terminates the labor contract or working contract in contravention of law;

+He/she receives monthly pension or working capacity loss allowance.

– Have paid unemployment insurance for from 12 months within 24 months before termination of the fixed-term/indefinite-term labor contract or working contract; or have paid unemployment insurance for from 12 months within 36 months before termination of a seasonal labor contract or for a certain job with a term of 03 months to less than 12 months.

– Having submitted a dossier for receipt of unemployment allowance to an employment service center;

– Having not yet found any job after 15 days from the date of submission of the dossier for receipt of unemployment allowance, 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.

How much is unemployment allowance?

Employees who fully meet the prescribed conditions are entitled to unemployment allowance paid periodically on a monthly basis.

The monthly unemployment allowance is equal to 60% of the average monthly wage paid for unemployment insurance of the 6 consecutive months before unemployment.

However, the law has regulations on the maximum level of unemployment allowance as follows:

– must not exceed 5 times the basic wage level, for workers receiving wages under the State-prescribed regime; or

– must not exceed 5 times the region-based minimum wage level under the Labor Code, for workers who pay unemployment insurance premiums under the wage regime decided by employers at the time of termination of the labor contract or working contract.

How is the unemployment allowance period determined?

The duration of unemployment allowance is calculated according to the number of months of unemployment insurance premiums, with the unemployment allowance of 03 months as minimum and 12 months as maximum.

What should be kept in mind to maintain unemployment allowance?

While on unemployment allowance, monthly, a worker shall directly notify his/her job seeking to the employment service center of the locality where he/she currently receives unemployment allowance under the specified method.

This responsibility is only excepted for the following cases: (i) He/she is sick or on maternity leave or has an accident as certified in writing by a competent health establishment prescribed by the law on medical examination and treatment; or (ii) Force majeure cases.

Employees with failure on provide notice of job seeking may have their unemployment benefits suspended or stopped.

Are unemployed employees entitled to health insurance?

Persons on unemployment allowance are entitled to health insurance benefits in accordance with the law on health insurance. Correspondingly, when unemployment allowance stop, employees will also stop receiving health insurance.

>> FORM OF APPLICATION FOR UNEMPLOYMENT ALLOWANCE https://linconlaw.vn/form-of-application-for-unemployment-allowance/

>> CONSEQUENCES OF CHARTER CAPITAL REDUCTION OF JOINT STOCK COMPANY https://linconlaw.vn/consequences-of-charter-capital-reduction-of-joint-stock-company/