Today, LSX Lawfirm will give you an article about: “Rights of employees when unilaterally terminating the labor contract”, as follows:
Labor Code 2019
Employment Law 2013
According to current Vietnamese law, employees who terminate labor contracts will enjoy the following benefits:
Entitled to severance allowance when unilaterally terminating the labor contract in accordance with the law:
– According to Clause 1, Article 46 of the Labor Code 2019, when unilaterally terminating a labor contract, an employee enjoys a severance allowance if the employee has worked regularly for 12 months or more.
– Submitted an application for unemployment benefits at the service center within 3 months from the date of termination of the labor contract.
– The salary used to calculate the severance allowance is the average salary of the 6 consecutive months under the labor contract before the employee quits his job.
Entitled to unemployment benefits when unilaterally terminating the labor contract in accordance with the law:
– According to Article 49 Employment Law 2013, employees who are paying unemployment insurance premiums enjoy unemployment benefits in case of unilateral termination of labor contracts when fully meeting conditions:
+ Having paid unemployment insurance premiums for 12 months or more and within 24 months before terminating a labor contract or a definite-term and indefinite-term contract or having paid unemployment insurance premiums; full 12 months or more in the 36-month period before terminating a seasonal labor contract or a certain job with a term of from full 3 to less than 12 months.
+ Have submitted an application for unemployment benefits at the service center within 3 months from the date of termination of the labor contract.
+ Have not found a job after 15 days from the date of submitting the application for unemployment insurance, except for the following cases:
- Perform military service and police service;
- Studying for a term of full 12 months or more;
- Comply with the decision to apply the measure of sending to a reformatory, compulsory education institution, compulsory detoxification establishment;
- Detained; serving prison sentences;
- Going abroad to settle down; go to work abroad under contract;
– The monthly unemployment allowance level is equal to 60% of the average monthly salary on which unemployment insurance premiums are based for the 06 consecutive months before unemployment.
The time to enjoy unemployment benefits is. If you pay full 12 months to full 36 months, you will enjoy 3 months of unemployment benefits. After that, for every additional 12 months, you will enjoy an additional 01 month of unemployment benefits, but not more than 12 months.
To get confirmation of time to pay social insurance premiums and get other documents back:
According to regulations, the employer must complete the procedure to confirm the time of payment of social insurance and unemployment insurance premium of the employee. And the employee needs to return it together with the original of other documents if kept.
In addition, it is possible to ask the employer to provide copies of documents related to the work history. The employer pays the costs of copying and sending documents.
Receive the amount related to benefits (if any):
According to the regulations, within 14 working days from the date of termination of the labor contract, the two parties are responsible for fully paying the sums related to each party’s interests.
That is, if the employer still owes the money related to the employee’s benefits, the employer is responsible for paying in full.
Within 14 days, or no later than 30 days, the employer must pay you in full. If this period is not paid, you can file a complaint with your employer or apply to a Labor Mediator asking for mediation before taking the case to Court to resolve the dispute.
Pursuant to the provisions of Article 43, Clause 1 Article 3 of the Employment Law 2013, an employee eligible to participate in unemployment insurance is determined to be a Vietnamese citizen from full 15 years of age or older, capable of have labor capacity, and have a need to work, and are working under various types of labor contracts and working contracts in accordance with the provisions of the Labor Code.
=> According to this regulation, foreign workers working in Vietnam are not eligible to participate in unemployment insurance, which means that foreign workers are entitled to unemployment benefits in Vietnam.
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