The employee is entitled to unilaterally terminate when the labor contract in accordance with the law?
Under the provisions of the Labour Code of 2012, when workers unilaterally terminate the labor contract in accordance with law, the employee has worked in the business for one year or more are entitled to a severance allowance or subsidy unemployment if unemployment insurance contribution from a year or more.
On the mode of the severance allowance is determined on the basis of time working in the enterprise as stipulated in Article 48 of the Labour Act 2012 as follows:
1. Upon termination of the labor contract labor contract under the provisions of Article 36, Clause 1,2,3,5,6,7,9 and 10 of this Code, the employer is responsible spending severance allowance paid to employees regularly worked full 12 months, each year of subsidized half month salary.
2. Working time for this calculation is the amount of time the employee has actually worked for the employer minus time workers joined the unemployment insurance under the provisions of the said Act social and work time was the employer to pay severance allowance.
3. The salary for this calculation is the average salary of contract labor before 06 months after the employee leaves work.
It should be noted, since 01/01/2009, upon termination of the labor contract, the employer is not a severance allowance for employees paid unemployment insurance. The employee will be entitled to unemployment benefits paid pursuant to insurance, as follows:
+ Article 139, Clause 6 of the Law on Social Insurance 2006 provides: "The time employees pay unemployment insurance under the provisions of this Law shall not be counted for unemployment benefits or severance allowance prescribed labor law, law officers and civil servants. "
+ About eligibility for unemployment insurance. Article 81 of the Law on Social Insurance 2006 provides:
"The unemployed are entitled to unemployment insurance when all the following conditions:
1. Closed unemployment insurance sufficient twelve months during the twenty-four months before unemployment;
2. Registered unemployment insurance and social organizations;
3. Never found a job after fifteen days from the date of registration of unemployed as defined in paragraph 2 of this Article. "
+ About unemployment benefits, Article 82 Law on Social Insurance 2006 provides:
"1. The monthly unemployment benefit equal to 60% of the average wage and salary unemployment insurance premiums of six consecutive months prior to unemployment.
2. Duration of unemployment benefits are defined as follows:
a, Three months, if full twelve months to less than thirty-six months of unemployment insurance contributions.
b, six months, if there are enough of thirty-two months to less than one hundred and forty-four months of unemployment insurance contributions.
c, nine months, if full seventy-two months to less than one hundred and forty-four months of unemployment insurance contributions.
d, twelve months, if full one hundred and forty-four months of unemployment insurance premiums go up. "