Answer:
Any Employee working under a LC or an employment contract with indefinite-term; or an employment contract with the definite-term is subject to mandatory UI[1]. Any Employee who is paying the UI will have to meet the conditions for enjoying unemployment benefits and the level of unemployment benefits as follows:
- Conditions for an Employee to enjoy unemployment benefits[2]
Under the Law on Employment, an Employee who is subject to compulsory UI and are paying UI is entitled to unemployment benefits when he or she meet all the following conditions:
1.1 An LC or employment contract is terminated, except for cases where the Employee unilaterally terminates the LC or employment contract in breach of the law or where the Employee is entitled to monthly pension or monthly allowance for loss of working capacity;
1.2 The Employee has fully paid the UI for 12 months or more during 24 months prior to termination of a definite-term or indefinite-term LC;
1.3 The Employee has submitted his or her application dossier for allowance entitlement to the employment service centre established by a local State employment management agency within 03 months from the date of termination of a LC or an employment contract[3];
1.4 The Employee has not found a job after 15 days of submitting the application dossier for UI benefits, except for any of the following cases:
- The Employee performs military or police service; or
- The Employee goes studying for 12 months or more; or
- The Employee follows the decision on applying the measure of sending to reformatories, compulsory education establishments or compulsory rehabilitation establishments; or
- The Employee is detained; serve imprisonment penalty; or
- The Employee goes abroad for immigration; work abroad under contract; or
- The Employee dies.
2. Level of unemployment benefits
When fully meeting the above-mentioned conditions for enjoying unemployment benefits, the Employee will be entitled to a monthly unemployment benefit that is comparable to 60% of the monthly average salary as a basis of the UI payment for the six consecutive months prior to unemployment without exceeding a maximum of five times of the base salary for the Employee who is subject to the wage regime prescribed by the State or five times of the area minimum wage in accordance with the governmental regulations applicable to the Employee participating in the UI under the salary regime as decided by the Employer at the time of termination of his or her LC or employment contract[4].
[1] Article 43.1 of Employment Law
[2] Article 49 of Employment Law
[3] Article 46.1 of Employment Law
[4] Article 50.1 of the Employment on Law
