This is the case of a worker in Can Tho, holding the position of director of a joint stock company in region I. This person quit his job on July 1, had participated in unemployment insurance for 15 years and 6 months, with an insurance salary of 60.5 million VND/month as of June.

On July 5, the employee submitted an application for unemployment benefits and received a notice that the benefit level was 23.4 million VND/month. This benefit level is equal to 5 times the old regional minimum wage, calculated based on the salary of the last month of unemployment insurance payment (June).

The above subsidy level is based on Clause 3, Article 41 of the Law on Employment. Unemployment insurance benefits are calculated based on the contribution level and duration of unemployment insurance contribution.

Workers believe that, based on current regulations, they should be entitled to unemployment benefits of 36.3 million VND/month, calculated according to the formula: 60.5 million VND x 6 months/6 x 60%.

However, according to the lawyer's advice, the unemployment benefit that this employee receives is 24.8 million VND/month, calculated according to the regional minimum wage at the time of termination of the labor contract, according to the provisions of Clause 1, Article 50 of the Law on Employment.

Regarding this issue, the Ministry of Labor, Invalids and Social Affairs said that according to Article 41 of the Law on Employment, unemployment insurance benefits are calculated based on the contribution level and duration of unemployment insurance contributions.

Clause 1, Article 50 of the Law on Employment clearly states that the monthly unemployment benefit is equal to 60% of the average monthly salary for unemployment insurance contributions of the 6 consecutive months before unemployment, but not exceeding 5 times the basic salary for employees subject to the salary regime prescribed by the State.

The benefit level shall not exceed 5 times the regional minimum wage as prescribed by the Labor Code for employees paying unemployment insurance according to the salary regime decided by the employer at the time of termination of the labor contract or employment contract.

According to Decree No. 38/2022/ND-CP dated June 12, 2022 of the Government stipulating the minimum wage for employees working under labor contracts, the monthly minimum wage in Region I applied until June 30 is 4.68 million VND.

Based on the above regulations, the employee's last unemployment insurance contribution and payment month is June, the maximum benefit will be calculated according to the regional minimum wage when paying according to the contribution - benefit principle of unemployment insurance.

Specifically, the unemployment insurance benefit that employees receive monthly is 5 x 4.68 million VND = 23.4 million VND/month.