After resigning from company A from May 1, 2025, Ms. Vu in Ninh Binh (character name has been changed) started trial work at company B in June 2025. To complete the formal labor contract signing procedures, company B requested her to supplement the resignation decision from company A and she complied with the request.
However, by the end of September 2025, although still working at company B, Ms. Vu had not yet signed an official labor contract and was also not paid social insurance (BHXH) by the enterprise. After that, she quit her job at company B.
Ms. Vu wondered whether the period of working at company B but not signing a labor contract and not participating in social insurance would be considered as having a job or not.
At the same time, she wants to know if in this case she is eligible to receive unemployment benefits according to regulations or not.
Regarding this issue, Ninh Binh Provincial Social Insurance answers as follows:
Article 49 of the Employment Law No. 38/2013/QH13 stipulates:
Employees specified in Clause 1, Article 43 of this Law who are paying unemployment insurance are entitled to unemployment benefits when they meet the following conditions:
1. Termination of labor contract or working contract, except for the following cases:
a) Employees unilaterally terminate labor contracts, working contracts illegally;
b) Receiving monthly pensions and unemployment benefits;
2. Having paid unemployment insurance for 12 months or more within 24 months before terminating the labor contract or working contract for the cases specified in points a and b, clause 1, Article 43 of this Law; having paid unemployment insurance for 12 months or more within 36 months before terminating the labor contract for the cases specified in point c, clause 1, Article 43 of this Law.
3. Have submitted an application for unemployment benefits at the employment service center as prescribed in Clause 1, Article 46 of this Law;
4. Have not found a job after 15 days from the date of submitting the application for unemployment insurance benefits, except for the following cases:
a) Performing military service, police duty;
b) Studying for a term of 12 months or more;
c) Complying with the decision to apply measures to send them to reform schools, compulsory education institutions, and compulsory drug rehabilitation centers;
d) Being temporarily detained; serving a prison sentence;
e) Settling abroad; working abroad under contract;
e) Die".
In comparison with the above regulations, Ms. Vu had worked from June 2025 to September 2025 at company B, so she is considered to have a job. Therefore, she is not entitled to unemployment benefits.
