Unemployment insurance is one of the social security policies to ensure risk sharing among unemployment insurance participants. Surely there are many workers who do not know what unemployment insurance is and the benefitsthey can have when they leave, which greatly affects the rights of workers. Therefore, through the following article, Dream Law would like to provide information on unemployment insurance so that readers can equip the most basic knowledge about this issue.
- Subjects of unemployment insurance.
When one of the insurance events occurs is the job loss, unemployment insurance will protect the income of the employee, based on the basis of payment – entitlement of the employee and the employer. Not all labor relations are compulsory subjects of unemployment insurance but only the following cases are required to participate in unemployment insurance.
– Laborers participating in labor contracts and working contracts with indefinite terms.
– Laborers participating in labot contracts, working contracts with definite terms.
– Employees participating in seasonal labor contracts or on jobs with a term of between full 3 months and under 12 months
If the employee falls into one of the above cases and is on pension or housework, he or she is not required to participate in unemployment insurance.
If the employee participates in many labor contracts, the employee and the employer in the first contract are responsible for conducting unemployment insurance.
Employers participating in unemployment insurance include: state agencies, public non-business units, people’s armed forces units, political organizations, socio-political organizations, political organizations society – occupation, social organizations, socio-professional organizations, foreign and international organizations operating on the territory of Vietnam, enterprises, cooperatives, households and business households , other organizations and individuals that hire, employ workers under indefinite contracts, definite term contracts and seasonal contracts from full 03 months to under 12 months.
- Conditions to be entitled to unemployment insurance premiums
Unemployment benefits are one of the regimes of unemployment insurance. This is a basic right of employees when they quit or lose a job. However, not all cases of unemployment or job loss are entitled to unemployment benefits. The enjoyment of unemployment allowance must meet the following conditions:
1) Terminating labor contracts, working contracts, except for cases of unilaterally terminating illegally and people who are receiving monthly pensions and working capacity allowances.
2) Pay unemployment insurance for full 12 months or more within 24 months or 36 months depending on the type of contract.
3) Filed an application for unemployment benefits at the Employment Service Center within 03 months from the date of contract termination.
4) Unable to find a job after 15 days from the date of filing the application for unemployment insurance, except for: performing military service, police; studying for a period of 12 months or more; to abide by decisions on application of measure sending to reformatories, compulsory education establishments, compulsory detoxification; being detained, serving imprisonment penalties; abroad to settle down, foreign laborers; the worker died.
Therefore, as long as these 4 conditions are met, laborers shall be entitled to unemployment benefits
- Entitlement rate and time limits of unemployment benefits
3.1. Entitlement rate of unemployment benefits
The monthly rate of being entitled to unemployment benefits = 60% x the average salary of the 06 preceding months before being unemployed.
Note: The monthly unemployment benefit is limited: no more than 05 times the base salary or no more than 5 times the regional base salary depending on each specific employee.
3.2. Time limits of being entiled to unemploment benefits
Employees who pay from full 12 months to full 36 months will enjoy 03 months of unemployment benefits.
After that, if paying full 12 months, you will be entitled to 01 more month of unemployment benefits.
The maximum period of entitlement shall not exceed 12 months of unemployment benefits.
In addition, employees who are receiving unemployment benefits shall be paid for health insurance by the social insurance fund, so employees will receive additional health insurance benefits.
In addition to the unemployment benefits regime, employees who pay unemployment insurance premiums and take time off from work or take jobs shall also enjoy additional regimes such as counseling support, job introduction; vocational training support; support training, retraining, improving skill levels to maintain jobs for workers (for businesses).
To know more about this issue or other related legal matters, please contact hotline: 024 6653 9546 for further supports.
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Dream Law LLC, Ltd.
Add: 401, No. 68, Phan Ke Binh road, Cong Vi ward, Ba Dinh district, Hanoi.
Hotline: 02466539546
Email: dreamlawllc@gmail.com
Website: https://dreamlaw.vn/
