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| The Government issued Decree No. 28/2015/ND-CP (March 12, 2015) providing detailed regulations for implementation of a number of articles of Law on Employment. — Photo baohaiquan |
The Government issued Decree No. 28/2015/ND-CP (March 12, 2015) providing detailed regulations for implementation of a number of articles of Law on Employment. One of major subjects is implementation of unemployment insurance policy.
Participation in and payment of unemployment insurance fee
1. An employer must prepare and submit a dossier for unemployment insurance for an employee with the Social Insurance Organisation (SIO) within 30 days after the effective date of the employee's employment contract.
2. The time for payment of unemployment insurance fee by the employer and the employee is the same time for payment of compulsory social insurance fee. The employee currently paying unemployment-insurance fee means the employee who paid the unemployment insurance fee in the month preceding the time of termination of the employment contract as certified by SIO. The month in which the unemployment-insurance fee was paid by the employee is calculated as a month in which the employer and the employee implemented the employment contract and paid the social insurance fee.
Request for unemployment allowance
The employee may, within three months after the date of termination of the employment contract and if the employee does not find another job and wishes to obtain the unemployment allowance, submit the request for unemployment allowance with the Employment Service Center (ESC). The ESC must receive and check the request, record an appointment for results, and hand the appointment slip to the person submitting the request.
Payment of unemployment allowance
1. ESC asks the director of the Department of Labor, Invalids and Social Affairs (DOLISA) to make a decision granting the employee the unemployment allowance within 20 working days after receipt of the request. The time of commencement of receipt of the unemployment allowance is on the 16th day after the date of submitting the request by the employee. The decision granting the unemployment allowance is issued to the employee and SIO which is responsible for paying the allowance.
2. SIO must pay the unemployment allowance to the employee for the first month within five working days after receiving the decision granting the unemployment allowance; and for the second month of entitlement onwards, within five working days after the seventh day of the month unless SIO receives a decision suspending or terminating the allowance.
3. If the employee does not come to receive the decision on entitlement of unemployment insurance within 2 working days after appointment date notified in the appointment slip, the employee is deemed not having a need to receive the unemployment insurance except for the cases such as his sick accident or the like. Within a further seven working days, ESC must submit to the director of DOLISA to cancel the decision granting the unemployment allowance.
Termination of unemployment allowance
The unemployment allowance received by the employee is terminated in one of the following cases:
(1) Period for the allowance entitlement expires;
(2) The employee finds a job, such as entering into a three-months or more employment contract, or other cases as stipulated by the Decree;
(3) The employee performs a military or police obligation;
(4) The employee receives a monthly retirement pension;
(5) The employee refuses to receive jobs recommended by ESC without a legitimate reason twice;
(6) The employee does not provide monthly notice of his job-seeking status to ESC for three consecutive months;
(7) The employee resides overseas permanently, or works overseas for a specified term;
(8) The employee has a study course for 12 months or more;
(9) The employee is fined for breach of unemployment-insurance provisions;
(10) The employee dies;
(11) The employee must implement a decision applying the compulsory measure of entry of reform school, educational establishment or detoxification center;
(12) The employee's disappearance is declared by the court;
(13) The employee is in temporary detention or imprisonment.
This Decree takes effect on May 1, 2015.The regime prescribed in the decree was implemented on January 1, 2015. The Decree replaces Government Decrees No. 127/2008/ND-CP (December 12, 2008) and No. 100/2012ND-CP ( November 21, 2012). — MAI COUNSEL