Mr. H.T (Can Tho) is the director of a joint stock company in region I, retired from July 1, 2024, paid unemployment insurance until June 2024 for 15 years and 6 months with a salary of 60,500,000 VND/month.
On July 5, 2024, Mr. H.T submitted an application for unemployment benefits and was informed that his benefit level was 23,400,000 VND/month (5 times the old regional minimum wage calculated according to the last month of unemployment insurance payment, June 2024).
According to the response of the competent authority, the above subsidy level is based on Clause 3, Article 41 of the Law on Employment: Unemployment insurance benefits are calculated based on the contribution level and duration of unemployment insurance contribution.
Mr. H.T. believes that, based on the above regulations, he should receive: 60,500,000 VND x 6 months/6 x 60% = 36,300,000 VND/month.
According to the lawyer's advice, Mr. H.T is entitled to unemployment benefits of VND 24,800,000/month (calculated at the regional minimum wage at the time of termination of the labor contract according to the provisions of Clause 1, Article 50 of the Law on Employment).
Mr. H.T asked, according to regulations, how much unemployment benefits are he entitled to?
Regarding this issue, the Ministry of Labor, War Invalids and Social Affairs responded as follows:
According to Clause 1, Article 41 of the Law on Employment, unemployment insurance benefits are calculated based on the contribution level and duration of unemployment insurance contributions.
According to Clause 1, Article 50 of the Law on Employment, the monthly unemployment benefit is equal to 60% of the average monthly salary for unemployment insurance contributions of the 6 consecutive months before unemployment, but not exceeding 5 times the basic salary for employees subject to the salary regime prescribed by the State or not exceeding 5 times the regional minimum wage as prescribed by the Labor Code for employees paying unemployment insurance according to the salary regime decided by the employer at the time of termination of the labor contract or employment contract.
According to Decree No. 38/2022/ND-CP dated June 12, 2022 of the Government stipulating the minimum wage for employees working under labor contracts, the monthly minimum wage in region I applied until June 30, 2024 is 4,680,000 VND.
Based on the above regulations, the employee's last unemployment insurance contribution and payment month is June 2024, the maximum benefit will be calculated according to the regional minimum wage when paying according to the contribution - benefit principle of unemployment insurance.
Specifically, the unemployment insurance benefit that H.T receives monthly is 5 x 4,680,000 = 23,400,000 VND/month.
