According to Youme Law Firm, the 5 amounts of money that employees receive when quitting their jobs include:
severance pay
This is a mandatory amount of money that employers must pay employees who have worked continuously for 12 months or more when the labor contract ends according to regulations. Article 46, Clause 1 of the 2019 Labor Code stipulates that the severance allowance is calculated at half a month's salary for each year of work.
This subsidy does not apply to cases where employees are eligible for pensions according to the provisions of the law on Social Insurance (SI), or arbitrarily quit their jobs without a legitimate reason for 5 consecutive working days or more.
Unemployment benefits
Article 47 of the Labor Code stipulates unemployment benefits, an important support for employees who are unfortunately unemployed due to objective reasons. The condition to receive this allowance is that the employee has worked continuously for 12 months or more.
Similar to severance pay, the working time to calculate unemployment benefits is also determined by the total actual working time minus the time participating in unemployment insurance and the time previously paid for severance pay or unemployment benefits.
The unemployment benefit level is 1 month's salary for each year of work, but must not be lower than 2 months' salary.
Unemployment benefits
According to Article 50 of the 2013 Law on Employment, the unemployment benefit period is calculated based on the number of months of unemployment insurance contributions.
For every 12 months to 36 months of payment, employees will receive 3 months of unemployment benefits. After that, for every additional payment of 12 months, they will receive an additional month's allowance, but not exceeding 12 months.
The monthly unemployment benefit is calculated at 60% of the average monthly salary for unemployment insurance contributions of the 6 consecutive months before unemployment.
Unpaid salary
According to Article 48 of the Labor Code, within 14 working days from the date of termination of the labor contract, both employees and employers are responsible for fully paying the amounts related to the rights of each party. This includes wages, social insurance, health insurance, unemployment insurance, severance pay and other benefits stipulated in collective labor agreements and labor contracts.
Salary for remaining annual leave
Clause 3, Article 113 of the 2019 Labor Code clearly stipulates that in cases where employees quit or lose their jobs without taking all the days off for the year, employers must pay wages for the days off.
