Workers of Bac Giang Employment Service Middle information employees to finish unemployment insurance coverage software – Picture: HA QUAN
The draft Legislation on Employment (amended) is anticipated to be reviewed and accredited in 2025, anticipated to assist unemployment insurance coverage play its function in defending employees in addition to the labor market.
In accordance with reader Manh Quang, moreover some progressive changes, from the attitude of employees, the difficulty of unemployment advantages if the draft Legislation on Employment (amended) is handed, might be thought of a limitation in comparison with the 2013 Legislation on Employment.
Tuoi Tre On-line information readers’ opinions and responses from consultants and authorities on this problem.
Must harmonize employees’ rights
One of many factors of the draft Legislation on Employment (amended) that many individuals are inquisitive about is the regulation on unemployment advantages.
Particularly, whereas beforehand there have been two teams that weren’t eligible for unemployment advantages, this draft legislation excludes 4 teams from being eligible for unemployment advantages:
1- Staff unilaterally terminate labor contracts illegally, employment contracts apart from instances the place labor contracts might be unilaterally terminated with out prior discover in accordance with the provisions of the Labor Code.
2- Staff are dismissed in accordance with labor legal guidelines or disciplined and compelled to give up in accordance with civil servant legal guidelines.
3- Staff obtain pension.
4- Staff who’re eligible for pension however haven’t acquired pension.
Thus, in accordance with this draft, staff, no matter how they unilaterally terminate their contracts or are fired, won’t obtain unemployment advantages.
In my view, that is extraordinarily disadvantageous for employees, as a result of each month they must pay unemployment insurance coverage, and the fundamental precept is that when you pay, you get what you pay for.
Nevertheless, with the draft legislation, many individuals will fall right into a scenario the place they’ve totally paid unemployment insurance coverage however can’t take pleasure in this profit in the event that they wish to unilaterally terminate their labor contract.
As well as, many individuals are involved that some companies (employers) will reap the benefits of this new regulation to drive staff to signal a unilateral termination of their labor contracts.
Even based mostly on the above causes, companies can fireplace staff, making it tough for them to use for unemployment advantages.
To not point out, if the invoice is handed, will staff not be entitled to unemployment advantages when unilaterally terminating their labor contracts, calculated from the time the brand new legislation takes impact, or will or not it’s “retroactive”, not counting your entire means of beforehand amassed unemployment insurance coverage contributions?
Public opinion agrees with the necessity to revise and replace provisions within the legislation to swimsuit the sensible scenario, but in addition hopes that provisions within the invoice must be extra in concord with employees’ rights.
Want options to guard employees’ rights
MSc. Le Quynh Trang, Ho Chi Minh Nationwide Academy of Politics, stated: Relating to issues that companies might use these rules to drawback employees, in essence, companies should not have direct financial advantages from unemployment insurance coverage when making it tough for employees to use for unemployment advantages.
Nevertheless, this danger can completely happen in some particular conditions, for instance when there’s a severe battle between the employer and the worker.
Subsequently, to make sure the rights of employees, state administration businesses want options for efficient administration and management.
Particularly, figuring out instances the place staff are fired and are usually not entitled to unemployment insurance coverage have to be carried out with an goal course of; avoiding unilateral selections from employers for a sure motive or goal.
This mechanism might be applied by way of the function of grassroots commerce unions, labor federations in any respect ranges or the arbitration and court docket system within the subject of labor and employment.
In accordance with Ms. Trang, unemployment insurance coverage is completely different from social insurance coverage in nature. Social insurance coverage operates on the precept of contribution and profit. Unemployment insurance coverage operates on the precept of danger sharing, which means that these in danger can be protected and vice versa.
For instance, a driver who buys motorized vehicle accident insurance coverage might not encounter any dangers in the course of the journey, so even when he pays insurance coverage for a very long time, he won’t ever be lined by the insurance coverage.
Nevertheless, to higher make sure the rights of staff taking part in unemployment insurance coverage, the authorities can examine further choices for retaining advantages.
The unemployment insurance coverage portion not paid after leaving work on the time of unilateral termination of the contract will proceed to be amassed for the next unemployment insurance coverage fee course of and can solely be calculated from the start after the worker is entitled to unemployment insurance coverage advantages after leaving work as soon as.
Will proceed to regulate accordingly.
On the afternoon of August 6, the Nationwide Meeting’s Social Committee held a session workshop on the draft Legislation on Employment (amended) in Ho Chi Minh Metropolis with the participation of related departments and branches in addition to representatives of organizations and companies.
Mr. Dang Thuan Phong – Vice Chairman of the Nationwide Meeting’s Social Committee – emphasised that the objective of the draft Legislation on Employment (amended) is for the labor market to function successfully and for employees to return to the market as shortly as doable, in addition to making certain shut adherence to social safety insurance policies.
Subsequently, any obstacles or procedures that trigger employees to be away from the coverage, make it tough to entry, or that permit employees to abuse the coverage must be reviewed and adjusted.
