The draft Employment Law (amended) stipulates that employees are eligible for unemployment benefits upon termination of their labor or work contracts or termination of employment in accordance with legal regulations, except in the following cases: Employees who unilaterally terminate their labor contracts in violation of the Labor Code; Employees who unilaterally terminate their work contracts without adhering to the Law on Civil Servants…
Many opinions advocate for less stringent conditions for unemployment benefits when employees unilaterally terminate their contracts in violation of the law. Mr. Pham Nhu Huynh, Chairman of the Ba Nhat Rattan and Bamboo Cooperative Union (Binh Thanh district), argued that in reality, many cases arise where enterprises dismiss employees or employees resign without complying with the notice period due to personal reasons or lack of legal knowledge. After leaving their jobs, they also find themselves unemployed and need time to look for new jobs. In such cases, not providing unemployment benefits would cause hardship. Moreover, these individuals have fulfilled their obligations to pay unemployment insurance premiums monthly.
“I believe that as long as employees have participated in unemployment insurance, they should receive benefits when they lose their jobs for any reason, adhering to the principle of contribution and benefit receipt,” said Mr. Huynh.
Employees seeking information about unemployment insurance policies and new job opportunities
Meanwhile, the Ho Chi Minh City Labor Union Legal Counseling Center suggested that the drafting committee clarify this point because it is challenging to determine whether a “unilateral termination of a labor contract in violation of the law” has occurred. Only the court has the authority to declare whether something is illegal or not. Additionally, if employees are denied benefits solely for violating the advance notice period for certain reasons, they would be unfairly disadvantaged.
On this issue, many National Assembly deputies also agreed that employees who unilaterally terminate their labor contracts in violation of the Labor Code should not be denied unemployment benefits. Ms. Nguyen Minh Tam, a deputy from Quang Binh province, stated that this regulation aims to prevent cases where employees abruptly leave their jobs without prior notice to their employers, affecting the production and business activities of units, organizations, and enterprises when they have not found replacement personnel or completed work handover procedures. However, in such cases, enterprises have the right to sue, and employees are liable to compensate. Therefore, she proposed reconsidering the denial of unemployment benefits when employees unilaterally terminate their labor contracts in violation of the law.
The New Rules of Unemployment Benefits
The Ministry of Home Affairs has issued a decision on the announcement of amended and supplemented administrative procedures in the field of employment. This includes revisions to the procedure for resolving unemployment benefit claims.
Unveiling a New Era of Unemployment Benefits: Navigating a Compassionate Course
“The proposed amendments to the Labor Law (amended) suggest that in cases where an employee unilaterally terminates their labor contract in violation of the Labor Code, or unilaterally terminates their employment contract in accordance with the Law on Public Employees, they will not be eligible for unemployment benefits.”
The Eligible Pensioner: Why Unemployment Benefits Don’t Apply to You
The Standing Committee of the National Assembly recognizes that individuals who are eligible for retirement pensions are not subject to unemployment insurance regulations.
“Employer’s Liability for Delayed or Evaded Unemployment Insurance Contributions for Employees”
The proposed amendments to the Labor Law seek to protect the interests of employees by holding employers accountable for their failure to pay sufficient unemployment insurance contributions. In such cases, employers will be required to compensate their employees by paying an amount equivalent to the unemployment benefits that the employee would have otherwise been entitled to receive.
Unemployed and Unstoppable: Navigating Unemployment Benefits with Confidence.
The proposed amendments to the Employment Law have removed a provision that denied unemployment insurance benefits to employees who were fired or forced to resign due to disciplinary action.
