Compared to the Law on Employment No. 38/2013/QH13, the Law on Employment (amended) has many outstanding new points, including amending the unemployment insurance (UI) policy towards expanding the scope of participants and improving benefits for employees. Specifically, the unemployment insurance (UI) policy is amended and supplemented with the following new points:
Expanding the number of participants in unemployment insurance: In order to meet and achieve the target set by Resolution No. 28-NQ/TW (by 2030, 45% of the workforce will participate in unemployment insurance). Specifically for the following labor groups:
- Employees working under the Labor Federation for a period of 1 month to less than 3 months.
- Employees working under the labor force not full-time but have a monthly salary equal to or higher than the lowest salary used as the basis for social insurance contributions according to the Social Insurance Law 2024 (in the current reference salary level is the basic salary).
- The subjects participating in unemployment insurance cover all cases of agreements under other names but with content showing that the job is paid and the management, operation and supervision of one party.
- Some other salary recipients.
In addition, the Law also assigns the National Assembly Standing Committee (NASC) to decide on the participation in unemployment insurance for subjects other than those specified in this Law who have stable and regular jobs and income on the basis of the Government's proposal in accordance with the socio-economic development conditions of each period.
Regulations on paying unemployment insurance are clear and specific, ensuring policy flexibility as well as protecting the rights of employees participating in unemployment insurance; encouraging employers to create jobs for people with disabilities such as:
- This law clearly stipulates that employers are responsible for paying the full amount of unemployment insurance. The handling of late payment and evasion of unemployment insurance payment is carried out in accordance with the provisions of the Social Insurance Law 2024. At the same time, it is necessary to supplement regulations on the responsibility of employers in case they do not pay enough unemployment insurance to employees when the labor contract or employment contract is terminated, they must pay the corresponding amount of money according to the unemployment insurance regimes that employees are entitled to according to the provisions of law.
- Regulate the maximum unemployment insurance contribution rate at 1% and assign the Government to provide detailed instructions instead of strictly regulating the contribution rate at 1% as currently to ensure policy flexibility and increase the proactiveness of the Government's management, especially in cases of natural disasters, epidemics, crises, economic recession and the surplus of the Unemployment Insurance Fund.
- Supplementing the regulation on reducing unemployment insurance premiums under the responsibility of employers to pay to employees with disabilities for a period of no more than 12 months when recruiting and employing employees with disabilities.
The unemployment insurance regimes are amended in the direction of expanding the rights of unemployment insurance participants, specifically:
- Unemployment insurance regimes include 4 regimes such as the current Law on Employment, in which the "Vocational Training Support" regime is expanded to the "Supporting workers to participate in training and improve their vocational skills". In addition, the Government is assigned to base on the actual situation and the surplus of the Unemployment Insurance Fund to regulate the reduction of unemployment insurance contributions, financial support or other support in case of crisis, economic recession, natural disasters, fires, external disasters or dangerous epidemics.
- For the "Supporting training, improving vocational skills" regime: Expanding benefits for workers to not only receive vocational and skills training support but also receive food allowances for workers during the training period, improving vocational skills to help unemployed people reduce difficulties when participating in vocational training. This will contribute to increasing the proportion of trained workers and increasing opportunities to find new, more suitable and better jobs.
- Regarding unemployment benefits (TCTN): Supplement regulations on employees who quit when they are eligible for pension, they will not be entitled to TCTN; reduce waiting time for TCTN benefits from 15 working days to 10 working days. Therefore, the time to receive TCTN for employees is 05 working days earlier than the current one (from the 11th working day from the date of submitting complete documents instead of the 16th working day as at present).
- Amend the conditions to support employers in training, fostering, improving qualifications and vocational skills to maintain jobs for employees participating in unemployment insurance in the direction of making it easier for employers to access. Thereby, in order to increase the number of employers supported, contributing to maintaining and developing jobs for workers, limiting unemployment.
Specifically, the following conditions are removed:
+ Facing difficulties due to economic downturn or force majeure, forced to change the structure or technology of production and business.
+ Not enough funding to organize training, fostering, and improving vocational skills for workers.
In addition, the Law on Employment amends and supplements regulations on management, supervision of unemployment insurance organization and operation expenditures, fund management and investment activities of unemployment insurance funds; Supplements specific regulations on handling complaints and denunciations about unemployment insurance by social insurance agencies and public employment service organizations to serve as a legal basis in implementation.
