Tiếng Việt
中文 (中国)
日本語
When the employee meets a transitional period in their career, they will have 2 circumstances, either working for another company immediately or in the position of jobless, out of job. However, these statuses can vary because the employee might be out of a job for a while, applying for the unemployment benefits but then he/she has got another job immediately after without receiving the unemployment benefits. This creates a paradox. So, what are the important notes employees need to know to reserve the time of not receiving unemployment benefits when having a new job in Vietnam?
Vietnam is suffering from the biggest pandemic for several centuries.
Accordingly, this leads to businesses having to cut off many employees to relieve their burden. Employees being fired are mostly out of their job and can’t find a new job immediately after.
Normally, they would come to the Employment Service Center to apply for their unemployment benefits as this is their right when participating in compulsory insurance in Vietnam.
However, after applying, they suddenly got accepted into a new job and now want to reserve the time of not receiving unemployment benefits so that they can enjoy these benefits in the future with a higher ratio.
Reserve the time of not receiving unemployment benefits when having a new job in Vietnam
According to the provisions specified at Point 2, Clause 9, Article 1 of Decree No. 61/2020/ND-CP amending and supplementing Clauses 1, 2, and 5, Article 21 of Decree No. 28/2015/ND-CP, after applying the dossier for unemployment benefits in Vietnam in the Employment Service Center, if the employee finds a job during the period waiting for the Center to process the dossier, he/she must immediately notify the Center to carry out procedures for termination and reservation of the time when employees have not yet enjoyed the unemployment benefits.
It’s crucial that the employees can understand the provisions of the law on their rights and obligations, including the implementation of procedures for termination and reservation of the employee’s period of not yet enjoying unemployment benefits because if they accidentally or intentionally forget these procedures, they might cause themselves and the society many administrative troubles.
There are many cases where the employee has a job but has not promptly notified the Employment Service Center, leading to them not being able to reserve the time of having yet received the unemployment benefits, making them more difficult to receive the benefits with a high ratio in the future.
In addition, there are many cases in which the unemployment benefits must be recovered due to the fact that the employee got employment in the process of receiving unemployment benefits.
This is because although the employee does not notify, however, through inspection, there is the interference time when the employees should receive the unemployment benefits but also got pay social insurance by their new company.
In reality, some employees have used some methods to avoid this, getting unemployment benefits and a paid job while asking the company to not pay their social insurance for some months, normally 3 months.
However, this method also has a loophole because if he/she has an employment contract and doesn’t pay social insurance in those first months, he/she and the enterprises might face the judgment of the law if this action gets inspection.
Accordingly, it is best to follow the law.
Methods to follow to reserve the time of not enjoying unemployment benefits
To reserve the time of not enjoying unemployment benefits, employees who are receiving unemployment benefits should pay attention to and implement the following contents to ensure their benefits:
– If an employee who is currently receiving unemployment benefits finds a job, he/she must immediately notify the Employment Service Center where he/she is receiving unemployment benefits to carry out procedures for termination and reservation of the period not yet receiving the unemployment benefits. The employee must send the labor contract within 03 working days from the effective date of the contract and the declaration of new employment (form 23).
– If an employee who is currently receiving unemployment benefits finds a job but has not yet entered into a labor contract, he/she must contact the Employment Service Center where they are receiving unemployment benefits for advice and guidance on termination procedures in accordance with the provisions of the law.
ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.
