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Thứ 3, Ngày 28/11/2017, 12:00
Question 28: Tombow VietNam LTD
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28/11/2017

​According to the provisions in Point b, Clause 3, Article 14 of the Decree No. 05/2015/ ND-CP dated on January 12th 2015 of Government giving details and guidelines on implementation of some Articles of Labor Law: "3. Working time for calculation of severance allowance, job-loss allowance is total time that employee has actually worked for employer deduct the time of the employee has taken part in unemployment insurance in accordance with the law  and working time  has been paid allowance by employer. In which, working time employees have joined unemployment insurance including: The time employer has paid unemployment insurance in accordance with the law and the time employer who paid simultaneously with the pay period of the employee an equivalent amount to the unemployment insurance in accordance with the law;" Thus, pursuant to provision as above, if the company pays at the same time with the period an equivalent amount to the rate of unemployment insurance under the law during probation period of employees, the company will not have to pay severance allowance for the period that has not participated in such unemployment insurance. Do we understand that right?

*Answer by Department of Labor Invalids and Social Affairs:

According to the provisions in Clause 3, Article 14 of the Decree No. 05/2015/ ND-CP dated on January 12th 2015 of Government: Working time for calculation of severance allowance, job-loss allowance is total time that employee has actually worked for employer deduct the time of the employee has taken part in unemployment insurance in accordance with the law  and working time  has been paid allowance by employer. In which, working time employees have joined unemployment insurance including: The time employer has paid unemployment insurance in accordance with the law and the time employer who paid simultaneously with the pay period of the employee an equivalent amount to the unemployment insurance in accordance with the law.

Thus, during probationary period, the Company pays at the same time as the employee's salary payment an amount equal to the unemployment insurance premium as prescribed by law, when the employee terminates labor contract, probationary period does not calculate towards working time to pay severance allowance. 

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