The Minister of Labor, War Invalids and Social Affairs issued Circular 15/2023/TT-BLDTBXH amending and supplementing a number of articles of Circular 28/2015/TT-BLDTBXH guiding the implementation of Article 52 of the 2013 Law on Employment and a number of articles of Decree 28/2015/ND-CP on unemployment insurance. Circular No. 15/2023/TT-BLDTBXH takes effect from February 15, 2024.
Accordingly, Clause 4, Article 1 of Circular 15/2023/TT-BLDTBXH amending and supplementing Article 9 of Circular 28/2015/TT-BLDTBXH stipulates 05 cases of reserved unemployment insurance (UI) payment period, including:
1. Reserve unemployment insurance payment period when employees have payment months that have not been resolved for unemployment benefits
Employees who have paid unemployment insurance for more than 36 months up to 144 months will have their payment period not yet resolved for unemployment benefits reserved. In case an employee has paid unemployment insurance for more than 144 months, the period not yet resolved for unemployment benefits will not be reserved. The reserved unemployment insurance payment period is recorded in the decision on unemployment benefits.
2. Preserve unemployment insurance payment period when the employee's decision to receive unemployment benefits is canceled
For employees whose decision to receive unemployment benefits is revoked as prescribed in Clause 3, Article 18 of Decree 28/2015/ND-CP, as amended and supplemented by Decree 61/2020/ND-CP, the unemployment insurance payment period that is reserved is the period that has been calculated for unemployment benefits according to the decision to receive unemployment benefits.
3. Preserve unemployment insurance payment period when employees receiving unemployment benefits are terminated from unemployment benefits
Employees whose unemployment benefits are terminated are in cases where the unemployment insurance payment period is reserved according to the provisions of Clause 5, Article 21 of Decree 28/2015/ND-CP, as amended and supplemented by Decree 61/2020/ND-CP, the unemployment insurance payment period is reserved corresponding to the remaining time that the employee has not received unemployment benefits. The reserved unemployment insurance payment period is recorded in the decision on the termination of the employee's unemployment benefits.
A person receiving unemployment benefits who has a job and is in a case of signing a labor contract or work contract and has notified the employment service center as prescribed but does not have a copy of the labor contract or work contract must have a commitment stating the effective date of the signed labor contract or work contract, the reason for not being able to provide a copy of the labor contract or work contract, and must submit an additional copy of the labor contract or work contract within 03 working days from the date of receiving the labor contract or work contract.
4. Reserve unemployment insurance payment period when employees do not come to receive unemployment benefits
If an employee does not come to receive the money and does not notify the social insurance agency in writing after 03 months from the date of expiration of the unemployment benefit period according to the decision on unemployment benefit, the unemployment insurance payment period corresponding to the number of months of unemployment benefit during which the employee did not receive unemployment benefit will be reserved. The unemployment insurance payment period is reserved in the decision on reserving the unemployment insurance payment period.
5. Reserving unemployment insurance payment period for cases where employees are confirmed by the social insurance agency to have additional unemployment insurance payment period after termination of unemployment benefits.
If an employee has paid unemployment insurance for 36 months or more as a basis for unemployment benefits, the additional insurance payment period confirmed by the social insurance agency will be reserved as a basis for calculating unemployment insurance benefits when meeting the prescribed conditions.
If the employee has less than 36 months of unemployment insurance payment as a basis for unemployment benefits settlement, the additional insurance payment period confirmed by the social insurance agency will be reserved according to the following principles:
Number of additional confirmed unemployment insurance payment months for retention = Number of unemployment insurance payment months considered for unemployment benefits + Number of additional confirmed unemployment insurance payment months - Number of unemployment insurance payment months corresponding to the number of months receiving unemployment benefits - Number of unemployment insurance payment months corresponding to the number of months of suspended unemployment benefits.
For cases in points (2), (3), (4), the reserved unemployment insurance payment period does not include the number of months of unemployment insurance payment that have not been resolved for unemployment benefits in the Decision on unemployment benefits reserved by the social insurance agency.
* Formula for calculating unemployment insurance payment period is retained
The period of unemployment insurance payment is reserved as follows:
Minh Hoa (t/h)
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