Clause 7, Article 33 of the 2025 Law on Employment (effective from January 1, 2026) stipulates: The employer is responsible for paying full unemployment insurance according to regulations for employees when terminating the labor contract, employment contract or terminating employment to promptly resolve the unemployment insurance regime for employees.
In case the employer does not pay enough unemployment insurance for the employee, it must pay the corresponding amount of unemployment insurance that the employee is entitled to according to the provisions of law".
Lawyer Tran Phi Dai, Ho Chi Minh City Bar Association, analyzed that this is a very beneficial regulation for employees. Because in reality, many businesses do not pay unemployment insurance for employees, so when employees terminate their labor contracts, they will not receive unemployment benefits. However, employees cannot sue businesses to claim unemployment compensation and unemployment insurance regimes that should have been enjoyed, because there is no legal basis forcing businesses to pay this amount.
With the provisions of Clause 7, Article 33 of the 2025 Law on Employment, there is sufficient legal basis for employees to receive full unemployment benefits, even in cases where businesses do not fully participate in unemployment insurance for employees, analyzed Lawyer Dai.
