– Article 26 of the Labor Code No. 10/2012/QH13 on probation stipulates: The employer and the employee can agree on the probationary work, the rights and obligations of the two parties during the probationary period. If there is agreement on probation, the parties may enter into a probationary contract; persons working under probationary contracts are not subject to participation in compulsory social insurance.
– In Article 21, Decree No. 28/2015/ND-CP stipulates the termination of unemployment benefits as follows:
“1. The cases in which an employee currently receiving unemployment benefits is terminated from receiving unemployment benefits is prescribed as follows:
- a) The expiration of the unemployment benefits period according to the employee’s decision on unemployment benefits;
- b) Being employed
An employee is determined to be employed in one of the following cases:
– Having entered into a labor contract or a working contract for full 3 months or more. The date on which the employee is determined to be employed is the effective date of the labor contract or working contract as prescribed by law;
– There is a recruitment decision for those who are not subject to entering into labor contracts or working contracts. The date of employment in this case is determined as the date of starting work of that person stated in the recruitment decision;
– The employee shall notify the employment service center of the employment according to the form prescribed by the Minister of Labor, War Invalids and Social Affairs. The date on which the employee is determined to be employed is the date stated in the employee’s notice of employment.
Compared with the above provisions, if you are currently working under a probationary contract and do not participate in the payment of compulsory social insurance, you will still be entitled to unemployment benefits if you make a monthly job announcement.