In Vietnam, Do seasonal workers get unemployment insurance?

When working seasonally, do employees enjoy benefits related to unemployment insurance? Let’s find out with Lawyer X through the following article:

Legal grounds

Employment Law 2013

Labor Code 2019

Decree 61/2020/ND-CP

Decree 28/2015/ND-CP

Consulting content

Can seasonal workers pay unemployment insurance?

Seasonal jobs are usually simple jobs; Easy to do right away with no training time. Characteristic of this job is the occasional recruitment; and depends on the demand for production and consumption of the market.

Therefore, the time to do these jobs is short-term, usually from about 01 – 06 months; Or maybe a little longer.

To know if a seasonal worker is eligible to pay unemployment insurance premiums, it is necessary to base on the compulsory participants specified in Clause 1, Article 43 of the Employment Law 2013. Clause 1 of this Article records:

1. Employees must participate in unemployment insurance when working under labor contracts; or contract of employment as follows:

a) Labor contract or working contract with an indefinite term;

b) Labor contract or working contract with a definite term;

c) Seasonal labor contracts; or for a certain job with a term of from full 3 months to less than 12 months.

In case the employee enters into and is performing many labor contracts specified in this Clause, the employee; and the employer of the first signed labor contract are responsible for participating in unemployment insurance.

At the same time, according to the provisions of the Labor Code 2019, seasonal contracts have been eliminated and replaced; The parties must sign a labor contract with a specific term.

From the above grounds, it can be seen that seasonal workers are also entitled to unemployment insurance if they sign a labor contract of 3 months or more.

Can I get unemployment benefits if I take a seasonal leave?

As analyzed, seasonal workers can be paid unemployment insurance but enjoy unemployment benefits when they quit their jobs; this person must fully meet the conditions recorded in Article 49 of the Employment Law 2013; which consists of:

1 – Termination of labor contract or work contract.

Failure to settle unemployment benefits: The employee unilaterally terminates the contract illegally; or pensioners; monthly loss of labor allowance.

2 – Have paid unemployment insurance premiums for 12 months or more in the 24 months before the contract termination.

3 – Have submitted an application for unemployment benefits at the employment service center within 03 months from the date of contract termination.

4 – Have not found a job after 15 days from the date of applying for benefits.

Do not deal with the following cases: Employees go to military service, police service; went to study for 12 months, went to work abroad, died, …

Under the above conditions; Seasonal workers should pay attention to the period of participation in unemployment insurance before leaving work. Seasonal jobs usually work for less than 1 year, so if they want to receive unemployment benefits; the seasonal workers must have worked in other jobs before, and pay unemployment insurance.

Thus, new employees can ensure that the time they have participated in unemployment insurance is a full 12 months or more in the 24 months before quitting.

Are you receiving unemployment benefits but working seasonally, will your benefits be stopped?

According to the provisions of Article 21 of Decree 28/2015/ND-CP, as amended by Decree 61/2020/ND-CP, one of the possible reasons for the termination of unemployment benefits for an employee is when there is a job.

It also guides that an employee is considered employed if:

– Having entered into a working contract, a labor contract with a term of a full 1 month or more.

– There is a decision on recruitment/appointment to work.

– Having a business household registration certificate or a business registration certificate with the employee is the owner of the business household or the business owner.

– Employees notify the employment service center that they have jobs.

Thus, if the employee is receiving unemployment benefits, but the employee finds a seasonal job and signs a labor contract with a term of a full 1 month or more, the allowance will be stopped.

The unemployment insurance premium payment period corresponding to the remaining time for which the employee has not yet received benefits will be reserved for calculation for the next benefit period if eligible.

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