Sending comments to the 7th Session, the XIV National Assembly, voters of Hai Phong City proposed amending Clause 4, Article 21 of Decree No. 28/2015/ND-CP in the direction that employees on unemployment allowance in case there is a decision on which month of pension enjoyment, shall be stopped receiving unemployment allowance for that month to avoid the overlaps of allowance.

Persons on unemployment allowance shall have been terminated their unemployment allowance in case of starting receiving monthly pension

Regarding this issue, the Ministry of Labor, Invalids and Social Affairs responded to voters of Hai Phong city as follows:

According to the provisions of Clause 3, Article 53 of the Law on Employment, a person on unemployment allowance will stop receiving it in case he/she receives monthly pension. According to the provisions of Clause 4, Article 21 of Decree No. 28/2015/ND-CP dated March 12, 2015 of the Government detailing the implementation of a number of articles on unemployment insurance of the Law on Employment, the employees who are entitled to unemployment allowance and terminated unemployment allowance on the date of the month of unemployment allowance, they shall still receive unemployment allowance for the whole month. Therefore, an employee can have one month of both unemployment allowance and pension.

According to the provisions of the Law on Social Insurance and guidance documents, the time for pension enjoyment of an employee is expressed from the first day of a calendar month. Meanwhile, according to the provisions of Clause 3, Article 50 of the Law on Employment and guidance documents, the time for unemployment allowance receipt is counted from the 16th day after the date of submission of a complete dossier for receipt of unemployment allowance; each unemployment allowance month is determined from the first date on which the employee starts receiving unemployment allowance to the previous date of the same date of the next month.

Thus, from the first date of the last month of unemployment allowance to the first day of the first month of pension enjoyment, the employee will not have any financial means to compensate and maintain life while the employee is in financial difficulty due to job loss. Therefore, the provisions in Clause 4, Article 21 of Decree No. 28/2015/ND-CP aim to ensure the benefits for employees according to the principle of sharing among unemployment insurance participants.

However, in receiving voters' recommendations on avoiding the overlaps of allowance, the Ministry of Labor, Invalids and Social Affairs will study and report to competent authorities for amending and supplementing Decree No. 28/2015/ND-CP in the coming time.