Proposal that fired or disciplined people should not receive unemployment insurance

In the draft revised Law on Employment , the Government proposed that people who are fired or disciplined and terminated from work will not receive unemployment insurance, but the National Assembly 's review body recommended removing this proposal.

On the morning of November 9, Minister of Labor, Invalids and Social Affairs Dao Ngoc Dung presented the revised Law on Employment to the National Assembly with many important policy proposals, including many new policies on unemployment insurance.

Minister of Labor, Invalids and Social Affairs Dao Ngoc Dung presents the draft law

PHOTO: GIA HAN

In the submission, the Government proposed to add 2 more subjects to participate in unemployment insurance compared to the current one. Specifically, those who have signed a labor contract with a term of 1 month or more (currently 3 months or more). The second is those who work part-time, with a monthly salary equal to or higher than the lowest salary used as the basis for compulsory social insurance contributions.

Minister Dao Ngoc Dung said that in the period 2015 - 2023, the number of people participating in unemployment insurance increased over the years (an average increase of over 6%/year). By 2023, the number of people participating in unemployment insurance accounted for 31.5% of the working-age labor force.

Therefore, striving to achieve the target of 45% of the working-age workforce participating in unemployment insurance by 2030 as required by the 28th Resolution of the Central Committee on reforming social insurance policies is a big challenge. Meanwhile, the current Law on Employment does not cover all subjects participating in unemployment insurance, including the two subjects proposed by the Government above.

At the same time, the Government also proposed to flexibly contribute to unemployment insurance. Minister Dao Ngoc Dung said that the Law on Employment stipulates that the unemployment insurance contribution rate for employees and employers is fixed at 1% of the monthly salary. Therefore, it does not ensure flexibility in adjusting the unemployment insurance contribution rate, especially in cases of natural disasters, epidemics, economic crises, recessions or when there is a large accumulated surplus.

From there, the Government proposed to regulate that employees pay a maximum of 1% of monthly salary; employers pay a maximum of 1% of monthly salary fund of employees participating in unemployment insurance; the State supports a maximum of 1% of monthly salary fund for unemployment insurance of employees participating in unemployment insurance and is guaranteed by the central budget.

Regarding the conditions for unemployment benefits, the Government also proposed adding a case that is not eligible: employees who are fired under labor laws or disciplined and forced to quit under civil servant laws.

Chairwoman of the National Assembly's Social Affairs Committee Nguyen Thuy Anh reports on the review of the draft law.

PHOTO: GIA HAN

There are solutions that ensure feasibility.

During the review, Chairwoman of the Social Committee Nguyen Thuy Anh said that the Social Committee requested the drafting agency to continue to supplement and assess the impact of the new regulations and have solutions to ensure feasibility and overcome current limitations in implementation.

Accordingly, the Social Committee believes that expanding the number of social insurance participants as proposed is not the only solution to achieve the goal of having about 45% of the workforce participating in unemployment insurance by 2030. On the contrary, the review agency believes that many synchronous solutions are needed, such as solutions on communication, inspection, and examination...

According to Ms. Thuy Anh, the flexible policy of unemployment insurance contribution rate in the direction of "maximum 1%" regulation instead of rigid regulation as proposed by the Government needs to be considered, calculated and clarified further.

Regarding the proposal that employees who are fired or disciplined to quit their jobs are not entitled to unemployment benefits, Ms. Thuy Anh said that the Social Committee found that, according to the provisions of the law on labor, employees who are fired according to the law on labor or disciplined to quit their jobs according to the law on civil servants are not entitled to receive severance benefits.

Therefore, to ensure the rights of workers, it is recommended that the drafting agency study and consider removing this provision to create conditions for the above-mentioned workers to receive unemployment benefits on the basis of the "contribution - enjoyment" principle.

Thanhnien.vn

Source: https://thanhnien.vn/de-xuat-nguoi-bi-sa-thai-ky-luat-khong-duoc-nhan-bao-hiem-that-nghiep-185241109090906967.htm