Unemployment insurance is an insurance in which when the employee terminates the labor contract, he/she will be entitled to an unemployment benefit which in the course of employment the employee participates in social insurance. So what is unemploymentinsurance? What is the entitlement?
What is unemployment insurance?
The article below by DFC will help readers answer all the problems related to this issue, hopefully the article will be a useful source of information for readers.
1. What is unemployment insurance?
Currently, unemployment insurance is understood as a type of social insurance to support employees in case the employee terminates the labor contract with the employer. Thereby supporting workers to learn trades and find jobs on the basis of unemployment insurance fund.
In addition, unemployment insurance is also considered a useful social security policy for workers, considered as a lifespan to remove many difficulties for workers.
2. Conditions for entitlement to unemployment insurance
Currently, according to Article 49, Section 3 of the Employment Law, workers will be entitled to unemployment insurance if they meet the following conditions:
*For employees terminating labor contracts or employment contracts, except for the following cases:
- The employee performs the unilateral termination of the labor contract or unlawful working contract.
- Current employees have been entitled to pensions or monthly insorable benefits.
In case the employee has closed unemployment insurance for full 12 months or more for a period of 24 months before the termination of the labor contract or working contract as prescribed in point a and point b of Clause 1, Article 43 of the current Employment Law.
The employee has been under payment of unemployment insurance for full 12 months or more for a period of 36 months before terminating the labor contract as prescribed in Point c Clause 1, Article 43 of the current Employment Law.
Workers who have applied for unemployment benefits at current employment service centers under Clause 1, Article 46 of the Employment Law.
*For cases where the employee has not found a job after 15 days from the date the employee submits his/her application for unemployment insurance, except for the following prescribed cases:
- In case the employee has to perform military service or police obligation;
- For cases where employees go to study for a full 12 months or more;
- In case the employee has to take the decision to apply measures to be sent to a rehabilitation school or compulsory educational institution or compulsory detoxification facility;
- 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. Unemployment insurance premiums for employees
Currently, the level of unemployment insurance premium for employees should be based on the provisions of Article 57, Employment Law 2013, detailing the monthly unemployment insurance premium of employees and employers as follows:
Employees must pay: pay 1% of monthly salary.
For the employer to pay is: pay 1% monthly salary fund.
4. Time of entitlement to unemployment insurance of employees
At present, the period of entitlement to unemployment benefits is calculated according to the number of months of unemployment insurance premiums of employees, i.e. full 12 months to full 36 months, the employee will be entitled to 3 months unemployment benefits. Then, every 12 months, employees are entitled to an additional 1 month of unemployment benefits, but not more than 12 months.
In addition, the time when employees are entitled to unemployment insurance will be counted from the 16th day from the date the employee submits the full application for unemployment benefits as prescribed in Clause 1, Article 46 of the Employment Law 2013.
5. Unemployment insurance entitlement level for employees
Currently, the employee's monthly unemployment subsidy is equal to 60% of the average monthly salary paid for unemployment insurance of 06 consecutive months before the employee is unemployed, but this level does not exceed 05 times the base salary or regional minimum wage.
For the period of entitlement to unemployment benefits calculated according to the number of months of unemployment insurance premiums of employees, in case the employees pay full 12 months to full 36 months, they are entitled to 03 months of unemployment benefits, according to which if the employees pay full 12 months, they are entitled to an additional 01 month of unemployment benefits but must not exceed 12 months.
6. Dossiers and procedures for registration for unemployment insurance
Within 03 months from the date on which the employee terminates the labor contract or working contract; in this case, the employee may apply for unemployment benefits at the employment service center established by the State agency on employment.
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 the labor contract.
In addition, the employee also needs to have the labor contract or the employment contract has expired when the employee has completed the work under the labor contract:
- There is a decision on re-employment for employees;
- There is a decision on dismissal of the employer against the employee;
- There is a disciplinary decision to compel the employee to resces;
- 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.
Thus, in order to enjoy unemployment insurance, employees who have terminated their labor contracts need to meet certain conditions, in addition to the insurance law also clearly stipulated procedures and dossiers for employees to enjoy unemployment benefits.
For a better understanding of this issue, please contact the Labor Law 19006512 hotline 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.
