Answer:
First: Severance allowance
According to the provisions of Article 46 of the Labor Code 2019, the severance allowance is as follows:
1. When the labor contract is terminated as prescribed in Clauses 1, 2, 3, 4, 6, 7, 9 and 10, Article 34 of this Code, the employer is responsible for paying the severance For employees who have worked regularly for themselves for full 12 months or more, each working year is entitled to a subsidy of half a month’s salary, except for cases where they are eligible for pension under the provisions of the law on social insurance. association and the case specified at Point e, Clause 1, Article 36 of this Code.
2. Working time to calculate severance allowance is the total time the employee has actually worked for the employer minus the time participating in unemployment insurance and the working time that the employer has been employed. employees pay severance allowance and job loss allowance.
3. The salary used to calculate the severance allowance is the average salary of 06 consecutive months under the labor contract before the employee quits his job.
Accordingly, cases where employees are paid severance allowance, specifically:
“first. The employment contract expires, except for the case specified in Clause 4, Article 177 of this Code.
2. The work has been completed according to the labor contract.
3. The two parties agree to terminate the labor contract.
4. The employee is sentenced to prison but is not entitled to a suspended sentence or is not released under the provisions of Clause 5, Article 328 of the Criminal Procedure Code, is sentenced to death, or is prohibited from doing the job listed. in the labor contract under the court’s judgment or decision that has taken legal effect.
5. The worker dies; has been declared by the Court to have lost his civil act capacity, is missing or has died.
6. The employer being an individual dies; has been declared by the Court to have lost his civil act capacity, is missing or has died. The employer who is not an individual terminates its operation or is notified by the specialized business registration agency of the People’s Committee of the province that it does not have a legal representative, the person authorized to do so. rights and obligations of the legal representative.
7. The employee unilaterally terminates the labor contract according to the provisions of Article 35 of this Code.
8. The employer unilaterally terminates the labor contract according to the provisions of Article 36 of this Code.”
Thus, in case an employee who has worked regularly for full 12 months or more and terminates his/her labor contract in the above cases, he/she will be entitled to a severance allowance. This allowance is paid by the employer.
Second: Job loss allowance
According to Article 47 of the Labor Code, the allowance for job loss is as follows:
1. An employee who has worked regularly for full 12 months or more but loses his/her job as prescribed in Clause 11 Article 34 of the Labor Code shall pay 01 month’s salary for each working year but at least equal to 2 months’ salary. wage.
2. Working time to calculate job loss allowance is the total time the employee has actually worked for the employer minus the time the employee has participated in unemployment insurance as prescribed by law. The law on unemployment insurance and working time has been paid by the employer with severance allowance and job loss allowance.
3. The salary used to calculate the job loss allowance is the average salary of 06 consecutive months according to the labor contract before the employee loses his/her job.
Thus, for employees who lose their jobs in the above case, they will be entitled to a job loss allowance paid by the employer.
Tuesday: Unemployment benefits
Unemployment benefits will be paid by the Social Insurance Fund, not the employer. However, in order to enjoy this amount, the employee needs to meet the conditions specified in Article 49 of the Law on Viet Nam 2013.
Monthly benefit = 60% of the average monthly salary on which unemployment insurance premiums are based for the 6 consecutive months before unemployment.
In there:
+ For employees who comply with the salary regime prescribed by the State, the maximum monthly allowance shall not exceed 5 times the base salary at the time of contract termination.
+ For employees who comply with the salary regime prescribed by the employer (outside the state), the maximum monthly allowance shall not exceed 05 times the regional minimum salary at the time of termination of the labor contract.
– Number of months to receive unemployment benefits:
+ Pay full 12 months to full 36 months of unemployment insurance: Enjoy 3 months of unemployment benefits.
+ For every additional 12 months of full payment, you will be entitled to an additional month of unemployment allowance, but not exceeding 12 months.
About the procedure for receiving unemployment benefits: Within 3 months from the time of termination of the labor contract, you submit 1 set of documents including: application for unemployment benefits, decision to resign, and closed insurance book to China. job placement center where you live. If you exceed this time limit, you will not be eligible for unemployment benefits.
