Participating in the conference, Ms. Bui Thi Thoa (Department of Legal Policy and Labor Relations of the Vietnam General Confederation of Labor) said that the regulation requiring employees to submit a complete application for unemployment benefits within 3 months to enjoy the regime in the draft law may cause disadvantages for them.
Article 43 of the draft Law on Employment (amended) stipulates the conditions for employees who are paying unemployment insurance (UI) to receive unemployment benefits. One of the conditions is to have submitted all unemployment benefit applications within 3 months from the date of termination of the labor contract, employment contract or termination of employment.
According to Ms. Thoa, if it is in normal and favorable conditions, there will be no problem in 3 months. However, if problems occur outside the draft law, such as the employer's fault, it will cause disadvantages for employees. The Labor Code stipulates that when the labor contract ends, the employer must be responsible for reporting, registering and closing the social insurance book for employees.
That is the principle, but in reality it is not always the case. In many cases, employers have problems with employees, so they should deliberately not close; employees do not understand much about legal regulations, so they just wait. Waiting until the book is closed is 3 months past the deadline. At that time, if they submit their application, they will not be entitled to the regime, Ms. Thoa analyzed.
In addition, according to Ms. Thoa, there are cases where employers evade, and the procedures to determine employers who evade take a lot of time. When it is determined that there is a notice of the business owner fleeing, the process of closing the insurance book for employees will not be completed after 3 months.
"Therefore, I think that we should not regulate 3 months of "hard" for all cases, but should take into account other cases that are specific or due to the employer's fault," Ms. Thoa suggested.
Mr. Nguyen Xuan Tuan - Head of the Department of Legal Policy and Labor Relations (Thanh Hoa Provincial Federation of Labor) proposed to study more measures and sanctions for the behavior of employers deliberately late in paying unemployment insurance to employees; evasion of payment, unpaid unemployment insurance, causing employees not to enjoy unemployment insurance.
"In addition to administrative sanctions, there should be regulations on compensation for this behavior to ensure the rights of workers" proposed a representative of the Thanh Hoa Provincial Federation of Labor.
Ms. Tran Thi Thanh Ha - Member of the Presidium, Head of the Legal Policy Department and Labor Relations (VGCL) - said that the employment law project (amended) was commented by the National Assembly at the 8th session (November 2024). It is expected that the Law on Employment (amended) will be approved by the National Assembly at the 9th session (May 5, 2025).
Recently, as a representative organization, caring, protecting the legitimate and legitimate rights and interests for workers, the VGCL has carried out many activities to participate in the construction and completion of the Law project: Organizing conferences to collect comments, participate in the evaluation, verifying and revising the draft law, organizing the criticism of the law project. The VGCL has 2 official documents on the comments and criticism of the Law on Employment (amended). Basically the opinions of the VGCL has been edited and edited by the agency to be drafted and expressed in the draft.
According to Ms. Tran Thi Thanh Ha, the opinions at the conference will be accepted, from which the Vietnam General Confederation of Labor will have an official document sent to the drafting agency, to complete and submit to the National Assembly for study and approval at the May 2025 session.
