Article 49 of the 2013 Law on Employment stipulates the conditions for receiving unemployment benefits as follows:
Employees specified in Clause 1, Article 43 of this Law who are paying unemployment insurance are entitled to unemployment benefits when they meet all of the following conditions:
1. Termination of labor contract or employment contract, except in the following cases:
a) Employees unilaterally terminate labor contracts or work contracts illegally;
b) Receive monthly pension and disability benefits;
Meanwhile, Article 94 of draft 5 of the Employment Law stipulates:
Employees specified in Clause 1, Article 81 of this Law who are paying unemployment insurance are entitled to unemployment benefits when they meet all of the following conditions:
1. Termination of labor contract or employment contract or termination of employment for subjects specified in Point d Clause 1 Article 81 of this Law according to the provisions of law, except in one of the following cases:
a) Employees unilaterally terminate labor contracts illegally according to the provisions of the Labor Code; employees unilaterally terminate labor contracts not in accordance with the provisions of the Law on Civil Servants;
b) Employees are dismissed under labor laws or disciplined and forced to quit under civil servant laws;
c) Employees receiving pension;
d) Employees who are eligible for pension but have not yet received pension upon termination of labor contract or work contract.
Mr. Vu Hong Quang - Deputy Head of the Policy and Law Department (Vietnam General Confederation of Labor) said that subjects such as employees who unilaterally terminate labor contracts illegally, employees who unilaterally terminate labor contracts not in accordance with the provisions of the Law on Civil Servants or employees who are fired and are not entitled to unemployment benefits are appropriate.
Because, according to Mr. Quang, in these cases, employees violate labor regulations and labor discipline, affecting the management and interests of the employer, not providing them with the right to unemployment benefits is considered a punitive measure, so that employees are more aware during the work process.
“When giving opinions on the draft Law on Employment, we still have to adhere to the principle of ensuring harmony between the legitimate rights and interests of employees, employers as well as state management of employment,” said Mr. Quang.
According to the provisions of draft 5, employees who unilaterally terminate their contracts are still entitled to unemployment benefits, as long as the termination is not illegal. In the case of employees who are fired and have difficulty finding new jobs because the new employer considers "dismissal" as a bad record to refuse to hire the employee, Mr. Quang said that it is necessary to develop a principled regulation to ensure the rights of this group of people. It is possible to study regulations allowing them to receive unemployment benefits when there is sufficient evidence of being refused a job because of being fired or forced to quit from the previous enterprise or unit.
Mr. Quang also said that, from the employment perspective, it is necessary to have appropriate regulations or control mechanisms to avoid discrimination in labor recruitment related to the issue of workers who have been fired or forced to quit their jobs before.
Besides, according to Mr. Quang, the regulation that retirees who are eligible for pensions are not entitled to unemployment benefits is appropriate, because basically these people are not "unemployed", they also have income from pensions to support their livelihood.
