The article provides guidance on salary payment and settlement of benefits for employees during work stoppage related to the Covid-19 epidemic (Applicable to 2021 from January 01, 01).
Here are 6 cases that can be implemented depending on the reality of each business:
Table of contents articles
- The Labor Code 2019 takes effect from January 01, 01
- Official Letter No. 264/QHLDTL-TL on the payment of stoppage wages for employees during the work stoppage related to the Covid-19 epidemic dated 15/07/2021 issued by the Department of Labor Relations.
- Official Letter 1064_LDTBXH_QHLDTL guiding the payment of stoppage wages and settlement of benefits for employees during the work stoppage related to the Covid-19 epidemic issued by the Ministry of Labor, War Invalids and Social Affairs on March 25, 03
Case 1: Salary reduction (Equivalent to the modification of the agreement in the labor contract)
An enterprise can only reduce the employee's salary when it is agreed by the employee according to the provisions of Article 33 - Labor Code 2019.
Based on the actual situation of each enterprise, the employer can negotiate a reasonable salary reduction agreement with the employee.
In case the employee does not agree, the enterprise must still pay the salary directly, in full and on time to the employee
Case 2: Suspension of the performance of the labor contract (equivalent to unpaid leave)
In case of temporary suspension of the performance of a labor contract, the provisions of Point h, Clause 1, Article 30 of the Labor Code shall apply:
About salary: No salary
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.
About social insurance money: No social insurance payment
Employees who do not work and do not receive wages for 14 or more working days in a month are do not pay social insurance that month. This period is not counted to receive social insurance benefits.
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
Within 15 days after the expiration of the period of temporary suspension of the performance of the labor contract, the employee must be present at the workplace and the employer must accept the employee to return to work under the labor contract. if the labor contract is still valid, unless otherwise agreed by the two parties or provided for by law.
Case 3: Transferring employees to work other than the labor contract
In case, because of difficulties caused by the Covid-19 epidemic, the employee must be transferred to a job other than the labor contract, the salary shall be paid according to the provisions of Article 29 of the Labor Code: The salary for the new job is at least must be equal to 85% of the old job salary but not less than the regional minimum wage
Case 4: Let the employee stop working
Wages of employees during work stoppage due to the Covid-19 epidemic shall comply with Clause 3, Article 99 of the Labor Code 2019:
a) In case of cessation of work for 14 working days or less, the agreed stoppage salary shall not be lower than the minimum wage;
b) In case of having to stop working for more than 14 working days, the salary for stopping work shall be agreed upon by the two parties but must ensure that the salary for stopping work in the first 14 days is not lower than the minimum salary.
Article 3 of Decree 90/2019/ND-CP stipulates the current minimum wages by region as follows:
+ 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.
Case 5: The employer and the employee agree to terminate the labor contract voluntarily
Based on the actual situation of each enterprise, the employer may negotiate an agreement to terminate the performance of a voluntary labor contract with the employee according to the provisions of Point 3, Article 34 of the Labor Code. 2019 regulations.
Employers can negotiate with practical support for employees to switch jobs smoothly.
Case 6: The employer unilaterally terminates the labor contract
The Covid-19 epidemic is now considered a dangerous disease for enterprises to have a basis to unilaterally terminate labor contracts with employees according to the provisions of Point c, Clause 1, Article 36 - Labor Code. 2019, but the following two conditions must be met:
- Enterprises have tried all remedies but still have to reduce the number of workplaces.
- Adhere to the following notice period:
- At least 45 days for an indefinite term labor contract;
- At least 30 days for a definite-term labor contract with a term of between 12 and 36 months;
- At least 03 working days for a definite-term labor contract with a term of less than 12 months;
1. The employee is sick or has an accident or occupational disease who is being treated or nursed under the direction of a competent medical examination and treatment establishment, except for the case specified at Point b, Clause 1, Article 36 of the Ministry of Health. this law.
2. The employee is taking annual leave, taking separate leave and other cases of leave agreed by the employer.
3. Pregnant female employees; the employee is on maternity leave or raising a child under 12 months old.