CAN I BE ENJOYED MATERNITY INSURANCE AND UNEMPLOYMENT INSURANCE AT THE SAME TIME?

Answer:

According to Article 49 of the Employment Law 2013, an employee is entitled to unemployment allowance when fully meeting the following conditions:

• Employees must participate in unemployment insurance (UI) when working under a labor contract or an indefinite or definite term employment contract as prescribed in Article 43 of the Employment Law 2013.
• Terminate the labor contract or employment contract, unless the employee unilaterally terminates the labor contract or employment contract illegally or receives a monthly pension or allowance for loss of working capacity. 
• Having paid unemployment insurance premiums for the full 12 months or more within 24 months before terminating the labor contract or employment contract, for the cases specified at Points a and b, Clause 1, Article 43 of this Law; have paid unemployment insurance premiums for full 12 months or more during the 36 months before the termination of the labor contract, for the case specified at Point c, Clause 1, Article 43 of this Law.
• Have filed for unemployment benefits.
• Having not found a job after 15 days from the date of applying for unemployment insurance benefits, except for the cases mentioned in Clause 4, Article 49 of the Employment Law 2013.

Clause 2, Article 12 of Decree 28/2015/ND-CP is amended and supplemented by Clause 4, Article 1 of Decree 61/2020/ND-CP as follows:

"2. An employee is certified to be currently paying unemployment insurance contribution under the provisions of Article 49 of the Employment Law if he/she falls into one of the following cases:

a) That employee has paid unemployment insurance contribution for the month of termination of employment or labor contract, which is certified by the social insurance agency in his/her social insurance book;

b) That employee has paid unemployment insurance contribution for the month preceding the month of termination of employment or labor contract, which is certified by the social insurance agency in his/her social insurance book;

c) That employee takes sickness or maternity leave for 14 working days or more at the employer’s office without being paid any monthly salary or wage in the month preceding the month of termination of labor or employment contract, or in the month of termination of labor or employment contract, which is certified by the social insurance agency in his/her social insurance book;

d) That employee takes unpaid leave for 14 working days or more in the month preceding the month of termination of labor or employment contract, or in the month of termination of labor or employment contract, which is certified by the social insurance agency in his/her social insurance book;

dd) That employee temporarily suspends the execution of his/her labor or employment contract for 14 working days or more in the month preceding the month of termination of labor or employment contract, or in the month of termination of labor or employment contract, which is certified by the social insurance agency in his/her social insurance book”

Thus, according to the law, when you are eligible for unemployment benefits, you can submit your application for settlement and the maternity benefit will not affect your unemployment benefits. 

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