• QUESTION AND ANSWER
Sender:
citizen
Email:
Send Date:
03/11/2018
Fields:
FAQ
Status
Replied
Content:

I was in the unemployment insurance scheme for four years and six months. I was fired on May 1, 2018 for violating the company’s regulations in April. Will I receive the unemployment insurance payment?

Answer by:
VSS
Answer Date:
04/11/2018
File attachment:
Answer:

According to Point 1, Article 46 under the Employment Law, in this case, to get unemployment allowance, you must prepare and submit a dossier for unemployment insurance to the Employment Service Centre under the provincial Department of Labour, Invalids and Social Affairs within three months of the termination of your employment contract (May 1, 2018) if you satisfy the following conditions as stipulated in Article 49 of the Employment Law:

Terminating the labour contract or working contract, except in the following cases

  1. He/she unilaterally terminates the labour contract or working contract in contravention of law; and
  2. He/she receives monthly pension or working capacity loss allowance.

Having paid unemployment insurance premiums for at least a full 12 months within 24 months of terminating the labour contract or working contract, for the case specified at Points A and B, Clause 1, Article 43 of this Law; or having paid unemployment insurance premiums for at least 12 months within 36 months of terminating the labour contract or the case specified at Point C, Clause 1, Article 43 of this Law;

Having submitted a dossier for receipt of unemployment allowance to an employment service centre under Clause 1, Article 46 of this Law.

Having not yet found any job 15 days from the date of submission of the dossier for receipt of unemployment allowance, except in the following cases:

  1. He/she performs military or public security duties;
  2. He/she attends a training course of a full 12 months or longer;
  3. He/she is going to be sent to a reformatory, compulsory education institution or compulsory detoxification establishment;
  4. He/she is kept in temporary detention or serves a prison sentence;

đ)  He/she goes abroad to live or as guest worker; and

e)  He/she dies.

Dossier for receipt of unemployment allowance includes:

A request for unemployment allowance in the form as stipulated by the Ministry of Labour, Invalids and Social Affairs;

Official papers or certified copies of the followings documents:

  1. Expired labour contract or working contract,
  2. Decision of job termination,
  3. Decision of dismissal,
  4. Decision of punishment, and.
  5.  Announcement or agreement to terminate labour contract or working contract.

     -    In case the labourers join unemployment insurance as stipulated in Point C, Clause 1, Article 43 of the Employment Law, necessary documents on termination of periodical contract from three to 12 months are official or certified copy of the contract; and

     - Social Insurance book;

  • Others