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MEKONG COUNSEL

Decree amending and supplementing a number of articles of the Law on Social Insurance regarding unemployment insurance

On November 21, 2012, the Government issued Decree No. 100/2012/ND-CP amending and supplementing a number of articles of Decree No. 127/2008/ND-CP dated December 12, 2008 of the Government detailing and guiding the implementation of a number of articles of the Law on Social Insurance regarding unemployment insurance. Some of the amendments, supplements shall be summarized as follows:

 

- Some supplements:

 

+ Laborers not subject to participating in unemployment insurance shall include: Laborers taking maternity leave or sick leave for 14 working days or more in a month unpaid but enjoyed social insurance allowances; laborers temperately postponing performance of labor contracts or working contracts as regulated by law.

 

+ Regulations on the responsibilities of the employers: To define subjects participating in unemployment insurance and to implementing procedures, order of participation as regulated by law; To notify the labor agencies of changes on the number of laborers working within the units.

 

+ A month for paying unemployment insurance premiums shall be calculated if both the employer and the laborer pay unemployment insurance premiums and the laborer works at least 01 day in that month under the labor contract or working contract.

 

+ The laborers must present the social insurance book or certification of the social insurance agencies on payment of unemployment insurance when submitting dossiers for unemployment allowances.

 

+ The time limit for the laborers to submit the dossiers for unemployment insurance allowances shall be 15 working days after registering for unemployment; The time limit for the labor agencies to settle requests for vocational learning support shall be 15 working days; The time limit for the social insurance agencies to pay the unemployment allowances shall be 05 working days after receiving decision on enjoying unemployment allowances of the labor agencies.

 

- Some amendments:

 

+ Regulations on vocational learning support: The support rates shall depend on the tuition fees of each professional vocation and be calculated by month; The support period shall depend on the training time of each vocation and each laborer, but must not exceed 06 months.

 

+ The time limit for the laborers to register unemployment, termination of the labor contracts or working contracts with the labor agencies shall be 03 months (instead of 07 days) and if the laborers have a demand.

 

This Decree shall be effective from January 15, 2013.