(Chinhphu.vn) – According to the opinion of the Vietnam Textile and Apparel Association, the regulation on the period of payment and unemployment insurance has been  profited by many employees who"jumped" jobs,  especially young employees have just worked only 12 months, then resigned to enjoy 3 months of unemployment benefits and find an other job in an another business.

The Vietnam Textile and Apparel Association said that the regulation on closing time and enjoying unemployment insurance is still inadequate. Specifically, if an employee has 12 months to 36 months of unemployment insurance premiums, he / she will be entitled to 3 months of unemployment benefits, then he / she will be entitled to an additional month for each additional 12 months, but not exceeding 12 months.

This regulation has been'profited to by many employees who “ jumped” jobs, especially young employees, in a way of working only for 12 months, then they resign to enjoy 3 months of unemployment benefits and find work in other businesses. . This is also one of the reasons causing the social insurance fund to be broken and an increase in the rate of labor fluctuation, increase in recruitment and training costs of businesses.

Re3garding this issue, Bộ Lao động – The Ministry of War Invalids and Social Affairs responds as follows:

In the process of formulating the unemployment insurance policy at the Employment Law, the Drafting Committee has studied experience of countries that have successfully implemented the unemployment insurance / employment insurance policies (Canada, South Korea, Japan, Thailand ...). With the level of unemployment allowance is 60% of the average monthly salary of unemployment insurancepremiums, the minimum period of benefit of 3 months (180%) is relatively consistent with international practice and the level of allowance that employees received when losing jobs under current regulations.

In particular, most countries apply a minimum period of unemployment benefit of 90 days (3 months). Under the provisions of Article 15 of the Convention No. 168 of the International Labor Organization on Employment Promotion and Protection against Unemployment, the level of unemployment benefits is not less than 45% of the previous income or not less than 45%. of the prescribed minimum wage or the wages of ordinary employees, but not less than the level that can guarantee a minimum base rate. Article 24 of the International Labor Organization's 2012 Convention on minimum social security rules means that the period of unemployment benefit shall be at least 12 weeks (3 months) for a period of 12 months.

Article 48 of the Labor Code has stipulated, the employer is responsible for paying severance allowance to the employee who has worked regularly for a period of at least full 12 monthsIn case an employment contract is terminated in compliance with regulations, a half of the monthly wage is payable for each year of work.

Article 49 of the Labor Code has stipulated, An employer shall pay a job-loss allowance to an employee who loses his/her job and has worked regularly for the employer for 12 months or longer. The job-loss allowance is equal to 1 month’s wage (100% of wage) for each working year, but must not be lower than 2 months’ wage (minimum of 200% of wage).

Proposals of the Textile and Garment Association related to unemployment insurance will be recognized by the Ministry of Labor, War Invalids and Social Affairs to study and make comments in the process of finalizing the provisions of the Employment Law.