Clause 1, Article 86 of the Draft Law on Employment (amended) stipulates that employees belonging to the following categories participate in unemployment insurance:
People working under indefinite-term labor contracts or labor contracts with a term of one month or more, including cases where the two parties agree on a different name but the content shows the paid work, salary and management, operation and supervision of one party;
Employees specified in the above case work part-time, with a total monthly salary equal to or higher than the lowest salary used as the basis for compulsory social insurance contributions as prescribed by the Law on Social Insurance;
Employees working under employment contracts; Enterprise managers, controllers, representatives of state capital, representatives of enterprise capital at the company and parent company, managers and operators of cooperatives and cooperative unions receiving salaries.
In case an employee signs and is performing multiple labor contracts, the employee and the employer are responsible for participating in unemployment insurance along with the contract that has compulsory social insurance.
To be eligible for unemployment benefits, the above-mentioned workers who are paying unemployment insurance must meet the following conditions:
- Termination of labor contract or work contract or termination of work for subjects according to the provisions of law, except for one of the following cases: The employee unilaterally terminates the labor contract illegally according to the provisions of the Labor Code; the employee unilaterally terminates the labor contract not in accordance with the provisions of the Law on Civil Servants;
Employees who are dismissed under labor laws or disciplined and forced to quit under civil servant laws; Employees who receive pensions; Employees who are eligible for pensions but have not yet received pensions upon termination of labor contracts or work contracts.
- Having paid unemployment insurance for 12 months or more within 24 months before termination of labor contract or work contract or termination of work for subjects as prescribed.
In case of having paid unemployment insurance for 12 months or more within 36 months before the termination of the labor contract for employees working under a labor contract with a term of 1-12 months.
- Submitted unemployment benefit application at the employment service center as prescribed.
-Within 10 working days from the date of submitting the application for unemployment benefits, the employee must not fall into the following cases: Having a job and being subject to compulsory social insurance according to the provisions of the Law on Social Insurance;
Performing military service or police service; Studying for a term of 12 months or more; Complying with a decision to apply measures to send to a reformatory school, compulsory education facility, or compulsory drug rehabilitation facility; Being detained; serving a prison sentence; Settling abroad; Workers going to work abroad under contract; Death.
Source
Comment (0)