Currently, when the employee signs an employment contract with no definite working term or another contract, the unemployed will be entitled to unemployment benefits. So what are the beneficiaries of unemployment benefits? What are the eligibility conditions? What's the entitlement? How do you calculate unemployment insurance?
How to calculate unemployment insurance premiums properly?
The article below by DFC will help readers answer all the problems related to this issue, hopefully the article about Cying to charge unemployment insurance below will be a useful source of information for readers.
1. Subjects required to participate in unemployment insurance
Those who are employees participating in the signing of labor contracts,the following employment contracts must participate in unemployment insurance:
- For employees participating in labor contracts with indefinitely in accordance with the current Labor Code.
- For employees participating in labor contracts, the time limit is determined in accordance with the current Labor Code.
- For employees participating in seasonal labor contracts or under a certain job with a term from full 03 months to less than 12 months, in accordance with the current Labor Code.
2. Conditions for employees to enjoy unemployment insurance
Employees who are working and pay unemployment insurance premiums will be entitled to unemployment benefits when they meet the following conditions:
+ Conditions where the employee terminates the labor contract except for cases such as: the employee unilaterally terminates the labor contract with the employer or the contract of unlawful work, enjoys pension, monthly insorly insorable subsidy.
+ Conditions under which the employee has participated in unemployment insurance premiums for full 12 months or more for a period of 24 months before the termination of the labor contract for the case of employees entering into labor contracts for a definite term and labor contracts indefinitely.
The employee has participated in unemployment insurance premiums for full 12 months or more for a period of 36 months before terminating the labor contract for seasonal labor contracts or certain jobs with a duration of between full 03 months and less than 12 months in accordance with the labor law.
+ Conditions where the employee has submitted the application for unemployment benefits at the employment service center within 03 months from the date the employee terminates the labor contract.
+ Conditions for employees who have not found a job after 15 days from the date on which the employee submits their application for unemployment insurance, except for the following cases:
- In case the employee has to perform military service or police obligation;
- Đối với trường hợp người lao động đi học tập có thời hạn từ đủ 12 tháng trở lên;
- For cases where employees issue decisions to apply measures to be sent to rehabilitation schools, compulsory educational establishments or compulsory detoxification establishments;
- In case the employee is detained or is under imprisonment;
- For cases where workers go abroad to settle or go to work abroad under contracts;
- For the case of workers' deaths.
3. How to calculate unemployment insurance premiums for employees
Currently, the monthly unemployment subsidy rate is calculated as 60% of the average monthly salary paid for unemployment insurance of 06 consecutive months before unemployment, but this entitlement rate must not exceed 05 times the base salary or regional minimum wage.
With the period of entitlement to unemployment benefits calculated according to the number of months participating in unemployment insurance, if the employee has fully closed for 12 months to full 36 months, he/she will be entitled to 03 months of unemployment benefits, then, if the employee keeps fully 12 months, the employee is entitled to an additional 01 month of unemployment benefits but must not exceed 12 months.
4. Dossiers and procedures for registration for unemployment insurance
For a period of 03 months from the date on which the employee terminates the labor contract or employment contract, the employee may apply for unemployment benefits at the employment service center established by the state management agency in employment.
The employee must prepare an application for unemployment benefits according to the Form.
For employees, there must be an application for unemployment benefits in the form.
The employee must prepare an original or certified copy of one of the documents ceding the termination of his/her employment contract.
In addition, the employee also needs to have the labor contract or the working contract has expired when the employee has completed the work under the labor contract.
+ There is a decision to resces for employees;
+ There is a decision on dismissal of the employer for the employee;
+ There is a disciplinary decision on forced re-employment for employees;
+ There is a notice or agreement of the two parties on the termination of the labor contract or working contract.
Employees prepare social insurance books.
In short, in order to enjoy unemployment social insurance, employees need to meet certain conditions as prescribed by law. In addition, there are provisions on how to calculate unemployment insurance premiums as well as the order and dossiers for employees to enjoy unemployment social insurance.
For a better understanding of this issue, please contact the free social insurance consultation hotline 19006512 for the best advice. Thank you very much!
Ls. Le Minh Cong
Luật Sư: Lê Minh Công
Với bề dày kinh nghiệm hơn 15 năm trong ngành tư vấn pháp luật, Luật sư tranh tụng tại Tòa án, Ông Lê Minh Công đã dẫn dắt DFC trở thành một thương hiệu uy tín và chất lượng cho người dân và là một trong những công ty đi đầu tại Việt Nam trong lĩnh vực tư vấn luật qua tổng đài.
