Protecting workers' rights in the context of the ongoing wave of "reduction" is one of the priorities of the State. On December 29, 2023, the Ministry of Labor, War Invalids and Social Affairs issued Circular 15/2023/TT-BLDTBXH amending and supplementing an article of Circular 28/2015/TT-BLDTBXH on unemployment insurance ("Circular 15").
1. Employees are entitled to actively apply for unemployment insurance benefits
Circular 15 allows employees working in organizations that do not have a legal representative or who are authorized by the legal representative to want to terminate the labor contract to enjoy unemployment insurance benefits, the employee is allowed to apply to the Department of Labor, War Invalids and Social Affairs or provincial social insurance under the prescribed process to enjoy unemployment insurance benefits.
2. Adjustment of regulations on the reservation of unemployment insurance payment period
Circular 15 adjusts the basis for determining the reserved unemployment insurance period (previously the total period of unemployment insurance contributions and the period of payment of unemployment insurance benefits received) as follows:
a. The unemployment insurance payment period is reserved when the employee has an unresolved month of contributions to receive unemployment benefits
For, employees who have paid unemployment insurance premiums for more than 36 months to 144 months, the unresolved payment period for unemployment benefits is reserved. In case the employee pays unemployment insurance for more than 144 months, the unresolved time to receive unemployment benefits is not reserved.
b. The period of payment of unemployment insurance is reserved in case the employee cancels their decision to enjoy unemployment benefits
In particular, if the employee has his/her decision to receive unemployment benefits canceled because he/she does not come to receive the decision on receiving unemployment benefits or does not authorize another person to receive the decision and fails to notify the employment service center of the reason for not being able to come to receive it, the reserved unemployment insurance payment period is the time that has been calculated for benefits grant unemployment according to the decision to receive unemployment benefits.
c. The period of payment of unemployment insurance is reserved when the employee is terminated from receiving unemployment benefits
In particular, if the employee is terminated from receiving unemployment benefits in cases where the unemployment insurance payment period is reserved as prescribed, the unemployment insurance payment period is reserved corresponding to the remaining time that the employee has not received unemployment benefits. The reserved unemployment insurance payment period is stated in the decision on the termination of the employee's unemployment benefits.
d. The unemployment insurance payment period is reserved when the employee does not come to enjoy unemployment benefits
In particular, the employee who does not come to receive money and does not notify in writing to the social insurance agency after 03 months from the expiry date of the period of receiving unemployment benefits according to the decision to receive unemployment benefits is entitled to reserve the time to pay unemployment insurance corresponding to the number of months of unemployment benefits that the employee does not receive unemployment benefits. The period of payment of unemployment insurance is reserved in the decision on the reservation of the time to pay unemployment insurance.
e. The period of payment of unemployment insurance is additionally confirmed after the termination of unemployment benefits (for cases where employees who have received unemployment benefits have an unemployment insurance payment period of less than 36 months when settling, based on the unemployment benefits and paid actual time)
In particular, in case the unemployment insurance payment period of the employee is more than 36 months as a basis for settling unemployment benefits, the unemployment insurance payment period certified by the social insurance agency will be reserved as a basis for calculating unemployment insurance benefits when meeting the prescribed conditions.
3. Supplementing the cases where employees who are enjoying unemployment benefits are not required to monthly directly notify those looking for employment
Supplementing two cases that the employee is not required to notify the employment service center directly if the notice period is within the period in which the employee belongs to:
+ Going to voluntary detoxification certified by the detoxification establishment or certified by the Chairman of the People's Committee of the commune, ward, or township;
+ Relocation to receive subsidies.
The employee must inform the employment service center (via phone, email, fax, ...) about the reason for not having to notify in person and within 03 working days from the last day of the monthly notification period about the job search as prescribed, and send a certified letter or authorize another person to submit the original or certified copy of one of the above documents proving that it is not required to notify directly to the employment service center where unemployment benefits are being received.
Circular 15 takes effect from February 15, 2024./.
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