According to the draft revised Law on Employment, the Government proposes to add another case that is not eligible for unemployment benefits, which is employees who are fired or disciplined and forced to quit their jobs.
On the morning of November 9, Minister of Labor, Invalids and Social Affairs Dao Ngoc Dung presented to the National Assembly a draft revised Law on Employment with many important policies on unemployment insurance.
Expanding the scope of unemployment insurance participants
Presenting the report, Minister Dao Ngoc Dung said that the Government proposed to add 2 subjects to participate in unemployment insurance compared to the current law.
Specifically, employees who have signed a labor contract with a term of 1 month or more (currently 3 months or more); part-time employees whose monthly salary is equal to or higher than the lowest salary used as the basis for compulsory social insurance payment.
In the period 2015 - 2023, the number of people participating in unemployment insurance increased over the years (an average increase of about 6%/year). By 2023, the number of people participating in unemployment insurance accounted for 31.5% of the working-age workforce.
Striving to achieve the goal of having about 45% of the working-age workforce participating in unemployment insurance by 2030 as required in Resolution 28 of the Central Committee on reforming social insurance policies is a big challenge.
Meanwhile, the current Employment Law stipulates that the subjects participating in unemployment insurance do not cover all subjects having labor relations, including the two subjects proposed by the Government above.
Along with expanding the number of unemployment insurance participants, the Government proposes to flexibly adjust unemployment insurance premiums.
Accordingly, employees pay a maximum of 1% of monthly salary; employers pay a maximum of 1% of monthly salary fund of employees participating in unemployment insurance.
The State supports up to 1% of the monthly salary fund for unemployment insurance contributions of employees participating in unemployment insurance and is guaranteed by the central budget.
Minister Dao Ngoc Dung added that the current law stipulates that the unemployment insurance contribution rate for employees and employers is fixed at 1% of monthly salary. Therefore, it does not ensure flexibility in adjusting the unemployment insurance contribution rate, especially in cases of natural disasters, epidemics, economic crises, recessions or when the fund balance is large.
Regarding the conditions for unemployment benefits, the Government also proposed adding one more case that is not eligible: employees who are fired under labor laws or disciplined and forced to quit under civil servant laws.
Enjoy unemployment benefits on the principle of "contribution - enjoyment"
Reviewing the above content, Chairwoman of the Social Committee Nguyen Thuy Anh said that the Social Committee requested the drafting agency to continue to supplement and evaluate the impact of new regulations and have solutions to ensure feasibility and overcome current limitations in implementation.
According to Ms. Nguyen Thuy Anh, expanding the subjects as in the draft Law is not the only solution to achieve the goal of having about 45% of the workforce participating in unemployment insurance by 2030; it is necessary to implement many synchronous solutions such as solutions on communication, inspection, examination...
According to the auditing agency, some regulations related to unemployment insurance need to be considered, calculated, and clarified, such as the regulation on the maximum unemployment insurance contribution rate of 1% of monthly salary.
In addition, the Social Committee also noted that employees who are fired or disciplined and forced to quit are not entitled to unemployment benefits.
Because according to the provisions of the law on labor, employees who are fired according to the law on labor or disciplined and forced to quit according to the law on civil servants are not entitled to receive severance pay.
Therefore, to ensure the rights of workers, it is recommended that the drafting agency study and consider removing this provision to create conditions for the above-mentioned workers to receive unemployment benefits based on the "contribution - enjoyment" principle.
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Source: https://vietnamnet.vn/de-xuat-tra-bao-hiem-that-nghiep-cho-nguoi-co-hop-dong-tu-1-thang-2340323.html
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