Ask:
Mr. K works for company X under a labor contract with a term from July 2018 to July 2021. Please ask, in July 2021, when the contract expires, Mr. K will terminate his labor contract with company X. What benefits does Mr. K enjoy?
Reply:
In this case, Mr. K terminated the labor contract with company X due to the expiration of the contract according to Clause 1, Article 34 of the 2019 Labor Code.
According to Article 46 of the 2019 Labor Code:
“1. When the labor contract is terminated according to the provisions of Clauses 1, 2, 3, 4, 6, 7, 9 and 10, Article 34 of this Code, the employer is responsible for paying severance pay to the employee. Employees who have worked regularly for 12 months or more will receive half a month’s salary each year of employment, except in cases where they are eligible for pension according to the provisions of law on social insurance and social insurance. cases specified in Point e, Clause 1, Article 36 of this Code.
2. Working time to calculate severance pay is the total time the employee has actually worked for the employer minus the time the employee has participated in unemployment insurance according to the provisions of law. regarding unemployment insurance and working time for which the employer has paid severance and job loss benefits.
3. The salary used to calculate severance pay is the average salary of the 6 consecutive months under the labor contract before the employee quits his job.”
According to the above regulations, Mr. receive severance pay or job loss allowance from the employer corresponding to 1.5 months’ salary.
At the same time, Mr. K can receive unemployment benefits from the insurance agency if he meets the conditions in Article 81 of the Law on Social Insurance, specifically:
“Unemployed people are entitled to unemployment insurance when all of the following conditions are met:
1. Have paid unemployment insurance for twelve months or more within the twenty-four month period before becoming unemployed;
2. Registered unemployment with the social insurance organization;
3. Have not found a job after fifteen days from the date of unemployment registration according to the provisions of Clause 2 of this Article.
And the unemployment allowance Mr. K can enjoy is specified in Article 82 of the Law on Social Insurance, namely:
“first. The monthly unemployment benefit level is equal to 60% of the average monthly salary and wages on which unemployment insurance premiums are based for the six preceding months before unemployment.
2. The period of unemployment benefits is specified as follows
a) Three months, if there are from twelve to less than thirty-six months of unemployment insurance payment;
b) Six months, if there are from thirty-six months to less than seventy-two months of unemployment insurance payment;
c) Nine months, if from full seventy-two months to less than one hundred and forty-four months of paying unemployment insurance premiums;
d) Twelve months, if there are one hundred forty-four months or more of unemployment insurance payment.
Ask:
Ms. T works for company A under an indefinite-term labor contract from June 2015. In July 2021, company A declared bankruptcy and transferred the entire factory and personnel to the company. B. Ms. T was fired from company B. May I ask, what benefits does Ms. T enjoy?
Reply:
In this case, the labor contract between Ms. T and company A is terminated in the case that the employer dismisses the employee due to the transfer of the right to own and use the enterprise’s property, the contract of cooperatives (Clause 11, Article 34 of the 2019 Labor Code)
Ms. T is entitled to unemployment benefits as prescribed in Article 47 of the 2019 Labor Code:
1. Employers shall pay job loss allowances to employees who have worked regularly for them for full 12 months or more but lose their jobs as prescribed in Clause 11 Article 34 of this Code, every working year pays 01 month’s salary but at least equal to 02 months’ salary.
2. Working time to calculate unemployment allowance is the total time the employee has actually worked for the employer minus the time the employee has participated in unemployment insurance as prescribed by law. The law on unemployment insurance and working time has been paid by the employer with severance and job loss allowance.
3. The salary used to calculate unemployment benefits is the average salary of the 6 consecutive months under the labor contract before the employee loses his or her job.
At the same time, Ms. T can receive unemployment benefits from the insurance agency if she meets the conditions in Article 81 of the Law on Social Insurance. Unemployment benefits are specified in Article 82 of the Law on Social Insurance.
