Below are instructions for paying stoppage wages and settling benefits for employees during the shutdown period related to the Covid-19 epidemic (Applicable for the year 2020 to December 31, 12).
From January 01, 01, the new Labor Code is applied Law No. 2021/45/QH2019
On March 25, 3, the Ministry of Labor, War Invalids and Social Affairs issued Official Letter 2020-LĐTBXH-QHLĐTL, Guiding the payment of discontinuation wages and settlement benefits for employees during work stoppages related to epidemics. Covid-1064.
1. In case of work stoppage - Salary paid during work stoppage is as follows
The Ministry of Labor, War Invalids and Social Affairs requests the Department of Labor, War Invalids and Social Affairs to guide enterprises in the area to implement as follows:
- The payment of severance pay shall be based on the provisions of Article 98 of the Labor Code to consider cases of job stoppage (due to the fault of the employer or the employee or due to objective reasons). planning to pay workers to stop working.
- In case the employee has to stop working due to the direct impact of Covid-19 epidemic such as:
- (i) a foreign worker who has not been allowed to return to the enterprise to work at the request of a competent authority;
- (ii) the employee has to stop working during the quarantine period at the request of the competent authority;
- (iii) the employee has to stop working because the enterprise or the enterprise division is inoperable because the employer or other workers in the same enterprise or business division are in the period of isolation or have not been returned to the business
then the employee's salary during the period of suspension shall comply with Clause 3, Article 98 of the Labor Code (the wage shall be agreed upon by the two parties but not lower than the regional minimum wage set by the Government).
Thus: the salary of the employee during the time of cessation of work shall comply with Clause 3, Article 98 of the Labor Code (the salary shall be agreed upon by the two parties but must not be lower than the regional minimum wage prescribed by the Government).
+ Region I, at 4.420.000 VND/month;
+ Region II, level 3.920.000 VND/month;
+ Region III, at 3.430.000 VND/month;
+ Region IV, level 3.070.000 VND/month.
2. In case the employee is transferred to a job other than the labor contract - Salary paid during this period is as follows
Thus, in case the employee is transferred to perform a job other than the labor contract, the salary shall be paid according to the provisions of Article 31 of the Labor Code above.
3. In case of temporary suspension of the performance of a labor contract - Salary is as follows
Thus, in the case of temporary suspension of the performance of the labor contract, the above provisions shall apply.
During the period of temporary suspension of the performance of the labor contract, the employee is not entitled to the salary and rights and benefits entered into in the labor contract, unless otherwise agreed upon by the two parties or provided for by law.
Article 33. Re-acceptance of employees after the expiration of the period of temporary suspension of the performance of the labor contract
Within 15 days after the expiration of the period of temporary suspension of the labor contract for the cases specified in Article 32 of this Code, the employee must be present at the workplace and the employer must be present at the workplace. accept workers back to work, unless otherwise agreed by the two parties.
NOTE:
The law does not specify how long the maximum suspension period is. Therefore, businesses need to agree on a specific time limit, not a general agreement, for example: "when the epidemic is over, the company will accept workers back to work" because it easily leads to disputes later on
4. In case of job reduction, labor re-arrangement shall be carried out as guided in Article 38 or Article 44 of the Labor Code.
Thus, in the event that the enterprise has sought all remedies but still has to reduce the number of jobs, the enterprise's unilateral termination of the labor contract shall comply with the above guidance.
Regarding the procedure for unilaterally terminating the labor contract, follow the guidance of the Labor Law
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