According to Clause 3 Article 186 of the Labor Code No. 10/2012/QH13 , with regard to an employee who is not eligible for participation in social insurance, unemployment insurance, the enterprise has to simultaneously pay to the employee a wage and an amount which is equivalent to the level of contribution to social insurance, unemployment insurance. Read more
However, according to Clause 2 Article 11 of Decree No. 28/2015/ND-CP , during taking maternity leave, the employee shall be only entitled to allowances from the social insurance agency rather than salary paid by the enterprise and she shall be exempt from payment of unemployment insurance premiums.
Accordingly, during taking maternity leave, the employee shall be exempt from payment of unemployment insurance premiums and the enterprise shall be exempt from payment of salary, there is no ground for the enterprise to base on which to pay unemployment insurance premiums in the term of salary payment for the employee who takes maternity leave.
Regarding change of workplace, Ministry of Labour – Invalids and Social Affairs assumes that when the enterprise transfers an employee to another workplace in comparison with the contents indicated in the labor contract, it has to reach an agreement with the employee in order to modify the labor contract or sign a new labor contract. If the two parties cannot reach an agreement on the modification of the labor contract, they shall continue performing the labor contract already entered into.
Regarding the shutdown of the representative office of a foreign trader, in principle the labor contract already signed with the representative office’s personnel shall be also terminated by default (Clause 7 Article 36 of the Labor Code). However, with regard to the labor contract of the representative office’s manager signed with the foreign trader, it does not belong to the case of termination of labor contract under Clause 7 Article 36 of the aforesaid Labor Code.
Relating to the contribution to the unemployment insurance fund by employers, the Government unanimously agreed to adjust the unemployment insurance rate from 1% to 0.5% of the monthly salary fund of employees participating in unemployment insurance. The adjustment shall take effect from the validation date of the Resolution of the National Assembly on adjusting the level of contribution to the unemployment insurance fund by employers until the end of December 31st, 2019. Read more
Regarding the price control, the Government agreed to terminate the application of price stabilization measures (control over the maximum price) for dairy products for children under six years old from April 1st, 2017.
One of the noticeable points of this Resolution is that the Government has assigned the Ministry of Labour – Invalids and Social Affairs to study and propose solutions to lower the insurance rate for labor accidents, occupational diseases and unemployment insurance to reduce costs for businesses.
The document is to provide the guidelines for preservation of period of unemployment insurance payment applied to the cases of cutting of unemployment benefit and the remaining payment period in which the unemployment benefit is not received Read more
Accordingly, the Social security office of the district where the unemployment benefit is paid shall grant the document which confirms the period of unemployment insurance payment (using the form No. C15-TS) upon the end of the payout period to record the preserved payment period.
Then, if the employee wishes to keep paying social insurance and unemployment insurance premiums, he/she shall submit the aforesaid written confirmation of the unemployment insurance payment period to the Social security office in order to record the preserved payment period into the social insurance book which is used as the basis for the next period of unemployment benefit payout. The preserved unemployment insurance period shall be the payment period beginning from the last payment month before the unemployment benefit is received.
This Circular provides the guidance on entities that are compulsory to have unemployment insurance, participation duration of unemployment insurance, unemployment insurance premium level and unemployment benefit; job consultancy and placement, supporting employees to take vocational courses and responsibility to make the report on labor situation Read more
In comparison with the earlier provisions, there are new provisions provided in this Circular as follows:
- Duration for each employer to prepare and submit application for unemployment insurance is within 30 days from the date on which the labor contract takes effect (Clause 1 Article 3) instead of 30 working days from the date on which labor contract is conducted (Clause 2 Article 7 of Circular No. 32/2010/TT-BLDTBXH )
- A labor contract with duration of between 3 months and shorter than 12 months is also compulsory to have unemployment insurance, in the event that a labor contract has been signed before January 01st, 2015 but by the date, it is still effective with the remaining contract term of 3 months or longer (Clause 3 Article 3)
- The maximum payment level of unemployment insurance premiums is also changed from 2015, it is 20-month’s regional minimum salary (Article 4) instead of 20-month’s common minimum salary (Clause 2 Article 8 of Circular No. 32/2010/TT-BLDTBXH )
- The provision on limiting the maximum monthly unemployment benefit is supplemented. Accordingly, the maximum monthly unemployment benefit must not exceed 5-month regional minimum wage or does not exceed 5-month base salary (applicable to employees receiving salaries as prescribed by the State) (Point b Clause 1 Article 8)
- The provision on responsibility to notify the employment service center of labor use situation is supplemented. Accordingly, each employer shall send a notification of labor use situation within 30 days as from the establishment. With respect to enterprise established before October 1st, 2015, it must send a notification within 30 days from October 1, 2015. In addition, if an employer decreases at last 50 employees, it must promptly notify the employment service center (Article 16)
This Circular takes effect from September 15th, 2015. The policies of this Circular shall apply from January 1, 2015. To replace Circular No. 32/2010/TT-BLDTBXH dated October 25th, 2010 and Circular No. 04/2013/TT-BLDTBXH dated March 01st, 2013.
This Decree is to detail some issues relating employment insurance, including: support for training courses, refresher courses for improvement of occupational skills for job maintenance for employees; organizations and individuals involved in implementing unemployment insurance policy, etc. Read more
Accordingly, labor contracts with term from 03 full months or longer which are signed from January 01, 2015 are compulsory to participate in unemployment insurance, instead of exemption under earlier provisions
Particularly, labor contracts which are concluded before January 01, 2015 are only compulsory to participate in unemployment insurance if their remaining term is from 3 full months. If the term is less than 3 months, unemployment insurance participation shall be exempted (Clause 2 Article 11)
With respect to employers, they may receive financial support for training and retraining to improve occupational skills qualifications for employees if they meet all the following conditions:
- Having fully paid unemployment insurance premiums under for employees for at least full 12 consecutive months;
- Meeting difficulties due to economic recession or other force majeure causes, forcing them to undergo restructuring or change production and business technologies resulting in risk of reduction of the number of current employees of at least 30%;
- Lacking funds for organizing training and retraining to improve occupational skills qualifications for workers;
- Having a plan on training and retraining to improve occupational skills qualifications for job maintenance, approved by a competent state agency.
The maximum support level shall be 01 million/person/month but it shall not be more than 06 months (Article 4)
This Decree takes effect from May 01, 2015. The regulations provided in this Decree are implemented from January 01, 2015. To replace Decree No. 127/2008 / ND-CP dated December 12, 2008 and Decree No. 100/2012 / ND-CP dated November 21, 2012.
The Document is to require enterprises in Ho Chi Minh city to submit additional dossier of unemployment insurance participants towards labor contracts with term of 03 months or longer not later than March 31, 2015. Any delay affecting social insurance and unemployment insurance benefits of laborers shall wholly belong to enterprises’ responsibilities Read more
According to the provisions specified in Employment Law No. 38/2013/QH13, as from January 1, 2015, all laborers who work under labor contracts with term of 03 months or longer must participate in unemployment insurance, regardless of the number of employees in an enterprise
Ho Chi Minh city social insurance department has given official letter No. 4064/BHXH-THU dated February 17, 2014 requiring units employing laborers to review, make procedures for additionally adjusting unemployment insurance participants timely as from January 1, 2015. However, there remaining many enterprises failing to implement
After March 31, 2015, the social insurance agency shall review and increasing adjust unemployment insurance as from January 2015 for laborers as prescribed.
Under Employment Law No. 38/2013/QH13, as from January 2015, compulsory unemployment insurance participants are employees working under labor contracts with term of full 3 months or longer (including probation duration), instead of full 12 months under previous provisions. However, those who are receiving retirement pension, working as house servants are exempt from the payment of unemployment insurance premium Read more
Under this new provision, all employees working under labor contracts with term of 3 months or longer must participate in unemployment insurance, regardless of the number of employees employed in an enterprise
The unemployment insurance premium rate is unchanged; employees shall pay 1% of their monthly salary, enterprises shall pay 1% of monthly salary fund of employees who are participating in unemployment insurance
Monthly salary used as the basis for payment of unemployment insurance premium is the salary used for the payment of compulsory social insurance premium, but must not exceed 20 months’ regional minimum salary
As from January 2015, the regional minimum salary shall comply with Decree No. 103/2014/ND-CP
The document is to notify enterprises in Ho Chi Minh city of having to register the compulsory unemployment insurance participation for laborers working under the labor contract of full 3 months and longer in enterprises Read more
Under Employment Law No. 38/2013/QH13, from January 1, 2015, laborers who sign the labor contract of full 3 month and longer are compulsory to participate in unemployment insurance, regardless of the number of laborers working in each enterprise. Therefore, from January 2015, those who work under the labor contract of full 3 months and longer shall concurrently participate in compulsory social insurance (SI), health insurance (HI) and unemployment insurance (UI)
The payment rate from January 1, 2015 shall be 32.5%, of which
- Enterprises shall pay 22% (including 18% paid to SI fund, 3% paid to HI fund, and 1% paid to UI fund)
- Laborers shall pay 10.5% (including 8% paid to SI fund, 1.5% paid to HI fund, and 1% paid to UI fund)
Salary used as the basis for the payment is the salary stated in the labor contract but not lower than the regional minimum salary levels. Particularly, the maximum payment rate for UI premium shall be 20 times higher than the basic salary levels or 20 times higher than regional minimum salary levels.
According to this Decision, levels of vocational training support for employees on unemployment allowance will depend on the time of vocational training Read more
For an employee attending a vocational training course for up to 3 months, the maximum level of support is VND 3,000,000/course
For an employee attending a vocational training course for over 3 months, the maximum level of support is VND 600,000/month
Specific levels of support are calculated by month on the basis of each occupation and the actual training duration, but must not exceed 6 months
Employees shall be supported the cost of vocational training once for one occupation through vocational training institutions. No monetary support will be directly provided for employees
This Decision takes effect on December 1, 2013, and replaces previous regulations on levels of vocational training support for employees on unemployment allowance.
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