The 2024 Tet holiday lasts from February 8 (ie December 29) to February 14 (ie January 5). From February 15, workers will start a new working year. That is also the day that Circular 15/2023/TT-BLDTBXH officially takes effect, adjusting many regulations related to bao insurance unemployment.
Enjoy unemployment insurance when the company has no representative
In many cases, employees who quit their jobs cannot get a certificate of termination of the labor contract to file for unemployment benefits because the company does not have a representative.
According to Clauses 3 and 4, Article 4 of Circular No. 28/2015/TT-BLDTBXH supplemented in Clause 2, Article 1 of Circular 15/2023/TT-BLDTBXH, from February 15, employees in the above cases can request the Department of Labor – War Invalids and Social Affairs or the Provincial Social Insurance shall carry out the confirmation procedures.
The social insurance agency is responsible for confirming the payment level, payment period, interruption period and reason for interruption. pay unemployment insurance.
Calculate the period of unemployment benefits
According to Clause 2, Article 8, Circular No. 28/2015/TT- BLDTBXH supplement Supplemented in Clause 3, Article 1 of Circular 15/2023/TT-BLDTBXH, each month of unemployment benefits is calculated from the date the employee starts receiving unemployment benefits to that day of the next month, minus 1 day in case the next month does not have a day. Correspondingly, the ending date of the month of receiving unemployment benefits is the last day of that month.
For example, Mr. Cao Van D is entitled to receive unemployment benefits for a period of 5 months from January 1, 2022 to May 31, 2022.
Mr. D’s month of unemployment benefits is determined as follows: The first month of entitlement is from January 1, 2022 to the end of January 31, 2022; The second month of benefits is from February 1, 2022 to February 28, 2022; The third month of benefit is from March 1, 2022 to March 31, 2022; The fourth month of benefits is from April 1, 2022 to April 30, 2022; The fifth month of benefits is from May 1, 2022 to May 31, 2022″.
Formula to calculate unemployment insurance retention period</p >
Clause 4, Article 1 of Circular 15/2023/TT-BLDTBXH amends and supplements Article 9 of Circular No. 28/2015/TT-BLDTBXH stipulating the formula for determining the reserved unemployment insurance payment period as follows.
5 cases where unemployment insurance payment time can be reserved
Clause 4, Article 1 of Circular 15/2023/TT-BLDTBXH amends and supplements Article 9 of Circular No. 28/2015/TT-BLDTBXH also stipulates 5 cases where unemployment insurance payment time is reserved as follows: later.
2 cases where reservations are not allowed
Also according to Clause 4, Article 1 of Circular 15/2023/TT-BLDTBXH amending and supplementing Article 9 of Circular No. 28 /2015/TT- BLDTBXH there are 2 cases where the unemployment insurance payment period is not reserved as follows.
Firstly, in case the employee has paid unemployment insurance for more than 144 months, then the time has not been reserved. The settlement of unemployment benefits is not reserved.
For example, Ms. Nguyen Thi E has a total period of unemployment insurance payment of 150 months. Thus, if Ms. E meets all the conditions, she will receive unemployment benefits for 12 months and reserve the unemployment insurance payment period of 0 months.
Second, in the case of the employee’s decision being canceled, If you intend to receive unemployment benefits, if your unemployment benefits are terminated and you do not come to receive unemployment benefits, your unemployment insurance payment period will be reserved.
However, the reserved time is the time you have not yet received your unemployment benefits. unemployment benefits. The odd number of months of unemployment insurance payment that have not been resolved for unemployment benefits in the Decision on employees’ unemployment benefits will no longer be reserved.
10 cases No need to directly notify job search
Clause 5 Article 1 Circular 15/2023/TT-BLDTBXH amending and supplementing Clause 3 Article 10 Circular No. 28/2015/TT- The MOLISA also stipulates 10 cases where workers receiving unemployment benefits do not have to directly notify each month about looking for a job.
Readers have You can refer to detailed regulations on unemployment insurance HERE.
