HÃNG LUẬT DHP

Unemployment insurance is a regime aimed at compensating a part of an employee’s income when he or she loses a job, supporting them in vocational training, job maintenance, and job search on the basis of contributions to the Unemployment Insurance Fund. .

Accordingly, when performing a labor contract, the employee pays unemployment insurance premiums, when the labor contract is terminated, if all conditions are met as prescribed by law, the employee will receive unemployment allowance. Unemployment benefits will help solve part of the difficulties for workers who have not yet found a new job.

So, during the implementation of social distancing, how to apply for unemployment benefits?

1. Conditions for receiving unemployment benefits

According to the provisions of Article 49 of the Employment Law 2013, an employee is entitled to unemployment allowance when fully meeting the following conditions:

• Terminate the labor contract or work contract, unless the employee unilaterally terminates the contract illegally, receives a monthly pension or allowance for loss of working capacity.
• Having paid unemployment insurance for full 12 months or more in the 24 months before the termination of the labor contract.
• The application for unemployment benefits has been submitted at the employment service center within 03 months from the date of termination of the labor contract.
• Have not found a job after 15 days from the date of application, except for cases such as performing military service, police service, being detained, dying…

1. Unemployment benefits

Employees eligible for unemployment benefits will be entitled to monthly unemployment benefits as follows:

Unemployment benefit period

According to Article 50 of the Employment Law 2013, the benefit period is calculated according to the number of months of unemployment insurance premium payment, for every full 12 months to full 36 months, you will be entitled to 3 months of unemployment benefits , after that, every additional payment is made. 12 months, they are entitled to an additional month of allowance but not exceeding 12 months.

1. Dossier for unemployment benefits

• An application for unemployment benefits;
• The original or a certified copy of one of the papers certifying the termination of the labor contract or working contract such as: The labor contract or the work contract has expired or the work has been completed according to the contract. copper; Decided to resign; Resolved excommunication; Disciplinary decision forcing severance; Notice or agreement to terminate the contract.
• Social insurance book.
• Photocopy of ID card/Citizen identity card.

1. Submit application for unemployment benefits

• The place to submit the application is the local employment service center that the employee wants to receive.
• Time limit for application submission: Within 03 months from the date of termination of the labor contract or working contract, the employee shall submit a dossier for unemployment benefit at the local employment service center where he/she wants to apply. receive subsidies.
• Submission method:

Apply in person or

Authorize others to submit dossiers or send dossiers by post if they fall into the following cases: Sickness, maternity certified by a competent medical facility; Fire, flood, earthquake, tsunami, enemy sabotage, epidemic certified by the Chairman of the People’s Committee of the commune, ward or township.

However, employees in localities that are social distancing due to the impact of the Covid-19 epidemic can apply for unemployment benefits by post without having to ask for confirmation from the Commune People’s Committee. wards and towns on the occurrence of epidemics in the area.

1. Monthly job search notice

According to Article 52 of the Employment Law 2013, in order to receive unemployment benefits in the following months, employees must submit a job search notice to the Employment Service Center where they are receiving unemployment benefits. except for cases where the employee falls ill, is pregnant or has an accident certified by a competent medical examination and treatment establishment; case of force majeure.

During the time of social distancing due to the Covid-19 epidemic, employees can submit a job search notice in the form of: sending an email (email), fax, or by post (According to Resolution 42 ). /NQ-CP dated April 9, 2020).

Thus, workers in localities that are social distancing due to the impact of the Covid-19 epidemic can apply for unemployment benefits by post and submit a monthly search notice in the form of: send email (email), fax, send by post to the Employment Service Center.

Le Nga