by Apra Law

Unemployment is considered a socio-economic problem in modern society. It is a phenomenon in which workers lose income because they cannot find a suitable job in case that person is able to work and is willing to work. In the market economy, there is always a part of unemployed workers. To solve the problem of unemployment in Vietnam, the Government has introduced many different policies and measures, of which the policy that is valued and has the most optimal impact is unemployment insurance – a part of the economy. Social insurance to protect workers in case of job loss.

According to the provisions of the Employment Law 2013: “Unemployment insurance is a regime aimed at compensating a part of an employee’s income when he or she loses a job, supporting workers to learn a job, maintain a job, or find a job. work on the basis of contributions to the unemployment insurance fund.”

Considering that unemployment insurance is an effective tool to protect the rights and interests of workers, it is not only a measure to passively deal with the consequences of unemployment but also a policy of the market. labor market to actively eliminate unemployment. Through the construction and operation of a centralized financial fund with the participation of subjects in the labor market, unemployment insurance has been formed with two purposes: Ensuring basic material life for people unemployed for a certain period of time after they lose their job and providing a support regime so that the unemployed can quickly find a new job for themselves through activities such as: referrals, counselling employment, retraining, career change…

The unemployment insurance regime is built to protect the interests of workers against risks when they lose their jobs. To protect workers, the law stipulated in Article 43 of the Employment Law 2013 on subjects who are required to participate in unemployment insurance:

Firstly, when an employee works under a labor contract or a working contract, including: Labor contract or work contract with indefinite term, labor contract or work contract with definite time Term, Seasonal labor contract or for a certain job with a term of from full 3 months to less than 12 months.

Second, employers participating in unemployment insurance include: state agencies, public non-business units, people’s armed forces units, political organizations, socio-political organizations, and organizations. socio-professional organizations, social organizations, socio-professional organizations, foreign agencies and organizations, international organizations operating in the territory of Vietnam, cooperatives, households, and support organizations businesses, cooperative groups, other organizations and individuals that hire or use labor under a working contract or a labor contract.

The unemployment insurance premium rates are specified as follows:

(1) The employee pays 1% of the monthly salary or wage according to the labor contract (deducted and paid on behalf of the employer).

(2) The employer pays 1% of the salary and wages fund according to the labor contract of the employees participating in unemployment insurance. At the same time, the salary and wages of each employee must be deducted to contribute at the same time to the unemployment insurance fund.

(3) For the State: support from 0.5 -1% of salary fund, unemployment insurance premium payment of employees participating in unemployment insurance, which is deducted from the state budget and will be transferred each year. once into the unemployment insurance fund.

For employees who are entitled to unemployment insurance regime: If an employee who loses his/her job wants to receive support and settle unemployment insurance benefits, he/she must satisfy the requirement that the employee must pay unemployment insurance premiums for a period of time. certain; The employment contract or employment contract has been terminated; Employees who lose their jobs must register for unemployment or register to work at a competent labor agency prescribed by the State. The unemployment benefit period is calculated based on the period of unemployment insurance premium payment, every full 12 months to full 36 months, they will be entitled to 03 months of unemployment benefits, after that, every additional 12 months will be entitled to unemployment benefits. additional 01 month of unemployment benefits but not more than 12 months.

For employers enjoying the unemployment insurance regime: First of all, the employer needs to meet the following conditions: the employer has fully paid unemployment insurance according to regulations continuously from full 12 month or more up to the month preceding the month of request for financial support for training, retraining and improvement of vocational skills to maintain jobs for employees or until the month of the requesting date for financial support to training, fostering and improving vocational skills to maintain jobs for employees if the employer has paid unemployment insurance for that month. The second condition is when the employer encounters difficulties due to economic decline or force majeure and is forced to change the structure or technology of production and business, leading to the risk of having to cut the number of employees. existing employees with 30% or more or more than 30 employees for employers employing less than 200 employees, from 50 employees or more for employers employing from 200 to 1000 employees , from 100 employees or more, for employers employing more than 1,000 employees, excluding employees entering into seasonal labor contracts or a certain job with a term of less than 1 month.

This is an important innovation step and progress of our State in the content of policies on unemployment insurance, not only overcoming consequences, but this regime is extremely important, contributing to preventing and preventing unemployment. unemployment of workers.

Above is the consulting article on “Legal provisions on employment insurance” of Apra Lawfirm. If you still have questions about the above issues and need to be answered, please contact the hotline for advice and support.


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