Wages for unpaid days worked
Article 48 of the Labor Code stipulates responsibilities when terminating a labor contract. Accordingly, within 14 working days from the date of termination of the labor contract, both parties are responsible for fully paying all amounts related to the rights of each party.
Clause 2, Article 48 stipulates that employers are responsible for paying wages and other benefits to employees according to collective labor agreements and labor contracts. In the event that an enterprise or cooperative is terminated, dissolved, or bankrupt, these amounts shall be given priority for payment.
Annual leave
According to Article 113 of the 2019 Labor Code, depending on the type of employee and working conditions, employees who have worked for 12 months for an employer will be entitled to 12-16 days of annual leave.
According to Clause 3, Article 113 of the 2019 Labor Code as follows: In case of resignation or job loss without taking annual leave or not taking all annual leave days, the employer shall pay salary for the days not taken.
Thus, in addition to salary, employees are also entitled to receive annual leave that they have not taken in full if they quit or lose their job.
Severance pay
Pursuant to Article 46 of the 2019 Labor Code, employees will receive severance pay when meeting the following 2 conditions:
- Leave of absence due to termination of employment contract according to clauses 1, 2, 3, 4, 6, 7, 9 and 10, Article 34 of the 2019 Labor Code
- Regularly working for the employer for 12 months or more
If the above two conditions are met, the employee will be subsidized with half a month's salary for each year of work, except in cases where the employee is eligible for a pension according to the provisions of the law on social insurance and the employee voluntarily quits the job without a valid reason for 5 consecutive working days or more.
How to calculate specific severance pay:
Severance pay = 1/2 x Salary for calculating severance pay x Working time for calculating pay.
In there:
- The salary used to calculate severance pay is the average salary of the 6 consecutive months under the labor contract before the employee loses his/her job.
- Working time to calculate severance pay: is the total time the employee actually worked for the employer minus the time the employee participated in unemployment insurance according to unemployment insurance regulations and the working time for which the employer paid unemployment benefits.
Unemployment benefits
According to Article 47 of the 2019 Labor Code, employees who quit their jobs will be paid unemployment benefits when they meet two conditions:
- Quitting work due to termination of labor contract according to Clause 11, Article 34 of the 2019 Labor Code;
- Have worked regularly for the employer for 12 months or more.
Thus, if the above two conditions are met, the employee will be paid unemployment benefits by the employer, 1 month's salary for each year of work, but at least 2 months' salary.
Specifically:
Unemployment benefit level = Working time for benefit calculation x Monthly salary for benefit calculation.
In there:
- Working time for calculating benefits: total time the employee actually worked for the employer minus the time the employee participated in unemployment insurance according to unemployment insurance regulations and the working time for which the employer paid severance allowance.
- The salary used to calculate unemployment benefits is the average salary of the 6 consecutive months under the labor contract before the employee loses his/her job.
Severance pay and unemployment benefits are similar in that both are benefits paid by employers to employees who have worked regularly for them for 12 months or more upon termination of the employment contract.
However, unemployment benefits are only paid by employers when employees are laid off in the event of changes in structure, technology or for economic reasons; when dividing, separating, merging, consolidating; selling, leasing, converting the type of enterprise; transferring ownership or right to use assets of enterprises or cooperatives.
Unemployment benefits
Unemployment benefits are paid by the Social Insurance Fund, not the employer. However, to receive this benefit, employees must meet the following conditions:
- Termination of labor contract or employment contract;
- Having paid unemployment insurance for at least 12 months within 24 months prior to termination of the labor contract for the labor contract;
- Registered for unemployment and submitted application for benefits at the Employment Service Center;
- Have not found a job after 15 days from the date of application for unemployment insurance.
Thus, eligible employees will be paid unemployment benefits according to Article 50 of the 2013 Employment Law, as follows:
Monthly benefit = Average monthly salary for social insurance contributions of 6 consecutive months before unemployment x 60%
According to Article 50 of the 2013 Law on Employment, the period of unemployment benefits is calculated based on the number of months of unemployment insurance contributions. For every 12 months of contributions up to 36 months, you will receive 3 months of unemployment benefits. After that, for every additional 12 months of contributions, you will receive 1 more month of unemployment benefits, but not exceeding 12 months.
In addition to the 5 amounts mentioned above, depending on the content of the contract that the employee has signed or the agreement with the employer on the amounts after leaving the job, the employee is also entitled to those benefits.
Minh Hoa (t/h)
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