WHAT IS UNEMPLOYMENT INSURANCE ?
In difficult economic times, unemployment insurance is considered a lifesavior to solve many difficulties for workers.Unemployment insurance is a regime of compensating part of the employee's income when they lose their jobs, supporting employees to learn a profession, maintain and find jobs on the basis of paying to the Unemployment Insurance Fund (according to Clause 4, Article 3 of the Law on Employment 2013).
Who has to pay unemployment insurance?
Subjects participating in unemployment insurance listed in Article 43 of the Employment Law include:
- Employees working under labor contracts or working contracts with a term of 03 months or more, except for people who are receiving pensions and domestic workers.
Note: In case the employee signs multiple labor contracts at the same time, they will participate in unemployment insurance according to the first signed labor contract.
- Employers include:
- State agencies, public non-business units, people's armed units.
- Political organizations, political organizations - society, socio-political organizations - profession, social organization, social organization - profession.
- Foreign agencies, organizations, international organizations operating in the territory of Vietnam;
- Enterprises, cooperatives, households, business households, cooperative groups, other organizations and individuals that hire or use labor under work contracts or labor contracts.
Within 30 days from the effective date of the labor contract or employment contract, the employer must participate in unemployment insurance for the employee.
Application for unemployment insurance benefits in 2023
Pursuant to Article 16, Decree 28/2015/ND-CP of the Government stipulating the application for unemployment benefits includes:
1) Original social insurance book (required)
2) The application form for unemployment benefits according to the form prescribed by the Minister of Labor - Invalids and Social Affairs.
3) Original or certified copy of one of the following documents to confirm the termination of the employment contract or employment contract with the employer.
Employees after quitting their jobs can request the old company to issue the following documents to serve the job. Unemployment insurance benefits according to regulations, including:
- The labor contract or work contract has expired or completed the work under the labor contract.
- Decision to quit, Decision to lay off or Decision to discipline forced to quit.- Notice or agreement to terminate the labor contract or work contract.
Unemployment insurance procedures and procedures
The procedure for making unemployment insurance is for employees to receive unemployment benefits for employees who meet the conditions for the prescribed benefits. After preparing enough documents including the documents mentioned above, employees can follow the process of the following steps:
Step 1: Submit your application to the Employment Service Center
Within 03 months from the date of termination of the labor contract or work contract, the employee who does not have a job and needs to receive unemployment benefits must directly submit 01 set of documents to the local employment service center where the employee wants to receive unemployment benefits.
Step 2. Deadline for handling documents
- Within 15 days from the date of application submission, employees who have not found a job, should go to the Employment Service Center to confirm the settlement of the application for unemployment benefit benefits.
- Within 20 working days from the date of submission of the application, the employment service center performs the function of paying unemployment benefits, accompanied by a certified social insurance book that it has been paid to employees.
In case of not being entitled to unemployment benefits, the employment center must notify the employee in writing and clearly state the reason.
The time to calculate unemployment benefits is from the 16th day from the date of filing.
Step 3. Receive money to pay unemployment benefits
Within 5 working days from the time of the decision to approve the payment of unemployment benefits, the local social insurance agency shall pay the first month's allowance to employees with the health insurance card.
Every month, the social insurance agency shall pay the allowance within 12 days from the date of receiving the unemployment benefit of that month if it does not receive the decision to suspend or terminate the employee's unemployment benefit.
Step 4: Notify the employment status to the monthly employment service center
Every month, employees must go to the Employment Service Center to notify about finding a job while receiving unemployment benefits (according to the appointment schedule attached to the Unemployment Benefit Decision).
If you are receiving unemployment benefits but have a job without notifying the employment service center, you will be terminated from unemployment benefits and may be fined for administrative violations from 1 million VND to 2 million VND.
You will also have to return to the social insurance organization the amount of unemployment benefits received due to not declaring employment status.