On the morning of May 7, the National Assembly discussed in the hall a number of contents with different opinions of the draft Law on Employment (amended).
Discussing the conditions for enjoying unemployment insurance, delegate Vo Manh Son (Thanh Hoa delegation) cited the regulation: "Having paid unemployment insurance (UI) for 12 months or more within 24 months before terminating the labor contract, employment contract or terminating employment according to the provisions of law.
In case the employee works under a labor contract with a term of 1 month to less than 12 months, he/she must pay for 12 months or more within 36 months before terminating the labor contract".
The delegate pointed out the fact that some enterprises have deducted monthly wages from employees to pay unemployment insurance to employees, but the enterprises have not fulfilled this payment obligation.
This leads to the situation where when employees quit their jobs and could not close social insurance and unemployment insurance books, they were not entitled to unemployment insurance.
" Meanwhile, the responsibility for collecting unemployment insurance belongs to the social insurance agency, handling evasion and arrears... belongs to the state management agency.
However, when the social insurance agency or state management agency cannot handle the violation of the enterprise and does not allow employees to receive unemployment insurance, it will not ensure fairness for employees," said the delegate.
To ensure the rights of employees, the delegate suggested that it is necessary to consider adding that the employer has collected unemployment insurance from employees for 12 months or more within 24 months before terminating the labor contract, employment contract or terminating employment according to the provisions of law.
At the same time, in case the employee works under a labor contract with a term of 1 month to less than 12 months, the employer shall collect the employee's unemployment insurance for 12 months or more within 36 months before terminating the labor contract.
According to the delegate, for the violation of employers, the authorities are responsible for applying handling measures (ad administrative fines, late payment interest, debt collection) to recover unemployment insurance debts from employers.
Reporting on the explanation, acceptance and revision of the draft law, Chairman of the National Assembly's Committee on Culture and Society Nguyen Dac Vinh said that some opinions suggested that in the draft, the drafting agency should add specific prohibited acts related to labor databases.
There are also opinions suggesting adding acts of "promoting light and high wages to have a basis for handling", "lure, promise and false advertising to deceive workers or take advantage of job services and labor market information to carry out illegal acts", "taking advantage of employment service activities to illegally send workers abroad.
According to Mr. Nguyen Dac Vinh, labor registration and labor market information play an important role, helping to connect labor supply and demand, providing information on job situation, labor market needs, serving management, research, and policy making on employment.
Clause 2, Article 12 of the Labor Code only stipulates the responsibility for declaring labor use and does not replace labor registration and the labor market information system. Therefore, it is necessary to stipulate this content in the draft law.
