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Tiếng Việt Unemployment benefits law has always been a matter of great public concern. What cases are entitled to unemployment benefits according to state regulations? Recently, we have received many questions about going abroad and receiving unemployment insurance. Follow our article below to find the answer!
Going abroad and receiving unemployment insurance
State Regulations on Receiving Unemployment Insurance
"Employees specified in Article 43, Clause 1 of this Law who are contributing to unemployment insurance shall be entitled to unemployment benefits if they meet all the following conditions:
Cases of unemployment benefit application
1. Termination of labor contract or employment contract, except for the following cases:
a) The employee unilaterally terminates the labor contract or employment contract in violation of the law;
b) Receiving monthly pension or disability benefits;
2. Have contributed to unemployment insurance for at least 12 months within 24 months before the termination of the labor contract or employment contract for the case specified in Article 43, Clause 1, points a and b of this Law; have contributed to unemployment insurance for at least 12 months within 36 months before the termination of the labor contract for the case specified in Article 43, Clause 1, point c of this Law;
3. Have submitted an application for unemployment benefits at the employment service center as prescribed in Article 46, Clause 1 of this Law;
Besides, according to Article 21 of Decree No. 28/2015/ND-CP dated March 12, 2015, on the termination of unemployment benefits:
Conditions for receiving unemployment insurance
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Unemployment benefit rate, duration, and timing
According to Article 50 on the rate, duration, and timing of receiving unemployment benefits:
2. The duration of receiving unemployment benefits is calculated based on the number of months contributing to unemployment insurance. For every 12 months to 36 months of contribution, you are entitled to 03 months of unemployment benefits. After that, for every additional 12 months of contribution, you are entitled to an additional 01 month of unemployment benefit, but not exceeding 12 months.
However, according to the provisions in point g, clause 3, Article 53 of the 2013 Law on Employment regarding cases of termination of unemployment benefits:
“3. A person receiving unemployment benefits shall have their benefits terminated in the following cases:
g) Going abroad to settle down or to work abroad under a contract;
And according to the specific guidance in point g, clause 1, Article 21 of Decree 28/2015/ND-CP, the date on which an employee is determined to be going abroad to settle down or to work abroad for a fixed term under a contract is the date the employee exits the country in accordance with immigration laws. Accordingly, if you go abroad to settle down at the beginning of June, your unemployment benefits will be terminated.
Besides, according to the provisions in Article 52 of the Law on Employment No. 38/2013/QH13 on job seeking notification:
” 1. During the period of receiving unemployment benefits, the employee must directly notify the employment service center where they are receiving benefits about their job search each month, except for the following cases:
a) The employee is sick, pregnant, or has an accident and has a confirmation from a competent medical examination and treatment facility in accordance with the law on medical examination and treatment;
b) Force majeure cases.
Unemployment benefit procedures
Can you receive unemployment benefits if you go abroad?
We have selected 3 typical questions for all cases to clarify this issue. State regulations on unemployment benefits in cases of going abroad.
Question 1:
My wife worked for a private company for 4 years, paying all insurances, including unemployment insurance. My wife quit her job there. She applied for unemployment benefits and was entitled to benefits for 4 months. But in the 4th month, my wife went to work in Japan. Will she receive the full 4 months of unemployment benefits?
We would like to answer as follows:
According to the labor law provisions in clause 1, Article 43 regarding unemployment insurance contributions and benefits, as we provided above, your wife's unemployment benefits will be:
According to the provisions of Article 50, your wife receiving unemployment benefits for 4 months is entirely correct. Your wife will receive her salary monthly, not in a lump sum for 4 months at once. If by the 4th month your wife goes abroad to work, she will no longer receive unemployment benefits according to the provisions of clause 1, Article 43 of the Labor Code. We hope our answer has satisfied your question. Wish you success!
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Question 2:
In April, I officially quit my job at the company. I have paid unemployment insurance for 38 months. At the beginning of June this year, I will move abroad to settle down. So, do I have the right to receive unemployment benefits? If I am entitled to unemployment benefits, how much will it be?
We would like to answer your question as follows:
In your case, having paid unemployment insurance for 38 months, you will be entitled to unemployment benefits for 3 months. If you go abroad to settle down in June, you will not have completed 3 months of receiving unemployment benefits. However, because you are going abroad, you cannot have someone else receive it on your behalf. You must report monthly that you are still unemployed for the unemployment benefit to be disbursed. According to your expected timeline, you can only receive 1 month of unemployment benefits. We wish you success.
Each case has its own specific terms and conditions.
Conclusion
The Labor Code always has regulations on unemployment insurance for employees. Please be aware of the legal provisions to receive the correct insurance policies. We wish you success!
