Chapter VI
IMPLEMENTING PROVISIONS
Article 39. Transitional provisions
1. The period that employees have paid unemployment insurance premium under the provisions of the Law on Social Insurance before the Law on Employment take effects but have not enjoyed unemployment benefits shall be the period of payment of unemployment insurance premium as specified in Article 45 of the Law on Employment.
2. The period that employers pay unemployment insurance premium for employees shall be counted to exempt from payment of redundancy pay or severance pay under the provisions of legislation on labor, officers.
3. The time employees actually work under the labor contract, working contract with the employers without paying unemployment insurance premium shall be counted to consider severance allowance, redundancy pay under the provisions of current labor legislation or severance pay as prescribed by legislation on officers.
4. Employees who have submitted the application for unemployment benefit before January 01 , 2015 shall comply with the provisions of the Government's Decree No. 127/2008 / ND-CP dated December 12, 2008 providing instructions on the implementation of a number of articles of Law on Social insurance on unemployment insurance; the Government's Decree No. 100/2012 / ND-CP dated November 21, 2012 amending and supplementing a number of articles of the Government's Decree No. 127/2008 / ND-CP dated December 12, 2008 providing instructions on the implementation of a number of articles of Law on Social insurance on unemployment insurance.
Article 40. implementation
1. The Minister of Labor, War Invalids and Social Affairs shall provide guidance and commence the implementation of this Decree.
2. The Minister of Finance shall be responsible for covering supportive budget for unemployment insurance Fund in accordance with the provisions of Article 7 of this Decree.
3. The Minister of National Defense, the Minister of Public Security shall base on their functions and duties to guide and organize the implementation of this Decree.
4. The other related Ministries within their functions, tasks and powers shall be responsible for implementation of this Decree.
Article 41. Effect
1. This Decree shall take effect from May 01, 2015. The regulations in this Decree shall be implemented from January 01, 2015.
2. The following decrees will expire after the date this Decree takes effect:
The Government's Decree No. 127/2008 / ND-CP dated December 12, 2008 providing instructions on the implementation of a number of articles of Law on Social insurance on unemployment insurance.
b) The Government's Decree No. 100/2012 / ND-CP dated November 21, 2012 amending and supplementing a number of articles of the Government's Decree No. 127/2008 / ND-CP dated December 12, 2008 providing instructions on the implementation of a number of articles of Law on Social insurance on unemployment insurance.
Article 42. Responsibilities for implementation
Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies , the President of the People’s Committee in central-affiliated cities and provinces, agencies, organizations, businesses and individuals involved shall be responsible for the implementation of this Decree. /.
Tìm kiếm
Nghị định 28/2015/NĐ-CP (Bản Word)
Nghị định 28/2015/NĐ-CP (Bản Pdf)
