During the process of receiving unemployment allowance, notification of job seeking is an important and mandatory responsibility of the employee. Timely and accurate notification helps labor management agencies have a comprehensive view of the employee’s situation, providing timely and appropriate support. Violating the responsibility on notification of job seeking, employees may have their unemployment benefits suspended or terminated.
Noted that it is mandatory to comply with notification of job seeking procedures to maintain unemployment allowance
After completing the procedure for requesting unemployment allowance, during the period of receiving unemployment allowance, the employee must submit notification of job seeking every month.
The handle agency is the employment service center where unemployment allowance are being received, with the method of direct notification.
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.
Violation on notification of job seeking, employees may have their unemployment allowance suspended
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.
Serious violations of the responsibility to notification of job seeking may result in termination of unemployment allowance
Failure to submit a monthly notification on job seeking for 3 consecutive months is a case where a person receiving unemployment allowance will have their unemployment allowance terminated, based on the provisions of Subclause 3, Article 53 of the 2013 Law on Employment.
In details:
“Article 53. Suspension, resumption and termination of unemployment allowance receipt
…
3. A person on unemployment allowance will stop receiving it in the following cases:
a/ The duration of unemployment allowance receipt expires;
b/ He/she has found a job;
c/ He/she performs the military or public security service obligation;
d/ He/she receives monthly pension;
dd/ 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;
e/ He/she fails to monthly notify his/her job seeking under Article 52 of this Law for 3 consecutive months;
g/ He/she goes abroad for settlement or as guest worker;
h/ He/she attends a training course of full 12 months or longer;
i/ He/she is administratively sanctioned for violations of the law on unemployment insurance;
k/ He/she dies;
l/ He/she serves a decision on application of the measure to send him/her to a reformatory, compulsory education institution or compulsory detoxification establishment;
m/ He/she is declared by a court as missing;
n/ He/she is kept in temporary detention or serves a prison sentence.”
>> HOW MUCH IS THE UNEMPLOYMENT ALLOWANCE? https://linconlaw.vn/how-much-is-the-unemployment-allowance/
>> HEALTH INSURANCE BENEFITS DURING UNEMPLOYMENT? https://linconlaw.vn/health-insurance-benefits-during-unemployment/
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.
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