SUSPENSION, TERMINATION OF UNEMPLOYMENT ALLOWANCE?

SUSPENSION, TERMINATION OF UNEMPLOYMENT ALLOWANCE?

Unemployment allowance are an important part of the social security system, but not all cases receive them continuously and unconditionally. In some specific situations, employees may face the suspension or termination of unemployment allowance, such as when the employee finds a new job and does not comply with regulations related to reporting and providing information, or in the event of expiration of the entitlement…

Conditions for receiving unemployment allowance

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.

Suspension of unemployment allowance 

Persons on unemployment allowance will be suspended from receiving it if they fail to monthly notify their job seeking, based on Subclause 1 of Article 53 of Law on Employment 2013.

However, employees who are suspended from receiving unemployment allowance may continue receiving it under the decisions on unemployment allowance receipt if the receipt duration has not yet expired and they monthly notify their job seeking.

In some specific situations, employees may face the suspension or termination of unemployment allowance
(picture: Internet)

Termination of unemployment allowance 

A person on unemployment allowance will stop receiving it in the following cases, based on Subclause 3 of Article 53 of Law on Employment 2013.

– The duration of unemployment allowance receipt expires;

– He/she has found a job;

– He/she performs the military or public security service obligation;

– He/she receives monthly pension;

– He/she has twice refused without a plausible reason to take up the job recommended by the employment service center of the locality where he/she currently receives unemployment allowance;

– He/she fails to monthly notify his/her job seeking under Article 52 of this Law for 3 consecutive months;

– He/she goes abroad for settlement or as guest worker;

– He/she attends a training course of full 12 months or longer;

– He/she is administratively sanctioned for violations of the law on unemployment insurance;

– He/she dies;

– 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 declared by a court as missing;

– He/she is kept in temporary detention or serves a prison sentence.

Legal basis:

  • Law on Employment 2013;
  • Decree No. 28/2015/ND-CP dated March 12, 2015 of the Government detailing the implementation of a number of articles of the Employment Law on unemployment insurance.

𝐋𝐈𝐍𝐂𝐎𝐍 𝐋𝐀𝐖 𝐅𝐈𝐑𝐌 – 𝐒𝐮𝐬𝐭𝐚𝐢𝐧𝐚𝐛𝐥𝐞 𝐜𝐨𝐨𝐩𝐞𝐫𝐚𝐭𝐢𝐨𝐧

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