When terminating a labor contract, employees need to pay attention to some issues related to social insurance, unemployment insurance and benefits after resignation. Below are 5 important things to know.
1. The company must report the reduction and confirm the social insurance and unemployment insurance contribution period.
When terminating a labor contract, the employer is responsible for carrying out procedures to report the reduction of social insurance and unemployment insurance to functional agencies according to regulations.
Employees do not have to carry out procedures to report social insurance and unemployment insurance reductions to the social insurance agency themselves.
2. Confirmation of social insurance and unemployment insurance contribution period
When terminating a labor contract, the employer is responsible for completing the procedures to confirm the social insurance and unemployment insurance contribution period and returning to the employee the original documents if they have been kept.
The confirmation of full contribution period is the basis for employees to settle social insurance and unemployment insurance benefits and ensure their rights according to regulations.
3. Ensure that information on the social insurance book is fully recorded
From January 1, 2026, electronic social insurance books will be issued and have the same legal value as paper social insurance books. Paper books are issued when participants request.
The electronic social insurance book contains information about the process of paying, enjoying and settling social insurance benefits. Participants can receive and use it through level 2 VNeID or VssID as prescribed.
After quitting, employees should check the information on the social insurance book to ensure that the process of paying social insurance and unemployment insurance is recorded fully and accurately.
4. Benefits on unemployment benefits
If they fully meet the conditions according to Article 38 of the 2025 Employment Law, employees may be entitled to unemployment benefits.
Quitting work in accordance with regulations: Terminating labor contracts, working contracts or jobs as prescribed; not unilaterally terminating labor contracts illegally and not quitting when eligible for pension.
Enough unemployment insurance contribution period: Pay unemployment insurance from 12 months in the 24 months before resigning. With labor contracts from 1 month to less than 12 months, unemployment insurance must be paid from 12 months in the 36 months before contract termination.
Submit documents within 3 months: Submit complete documents within 3 months from the date of termination of the labor contract, employment contract or job.
Meeting the conditions after submitting the application: Within 10 working days from the date of submitting the application, the employee does not fall into the cases not eligible for unemployment benefits as prescribed.
People who are receiving unemployment benefits are entitled to health insurance according to regulations.
5. Handling when businesses do not comply with regulations
If the enterprise is slow or does not fully fulfill its responsibilities for social insurance and unemployment insurance, employees have the right to request the company to fulfill its obligations according to legal regulations.
In case legitimate rights and interests are violated, employees have the right to complain, denounce or sue about social insurance according to regulations.
