Reimbursement of the Difference Between Agreed Salary and Salary in Invalid Labor Contract

According to Article 13 of Circular 30/2013/TT-BLDTBXH, the level of refund for the difference between the agreed salary and the salary in the invalid labor contract stipulated in Clause 2 Article 10 of Decree 44/2013/ND-CP is determined according to the following formula:

Illustrative Image (Source: Internet)

MHT = (MTL2 - MTL1) x t

Where:

- MHT: The refund level of the difference between the agreed salary and the salary in the invalid labor contract;- MTL1: The monthly salary (including: salary level, salary allowances, and other additional amounts) agreed by both parties in the labor contract declared invalid;- MTL2: The monthly salary (including: salary level, salary allowances, and other additional amounts) in the labor contract after both parties agree; In case the salary in the labor contract is agreed upon in another form of payment, it must be converted to monthly salary.- t: The actual number of working months of the employee for the employer corresponding to the salary level stated in the labor contract declared invalid, calculated from the time of declaring the labor contract invalid back to before. If the number of working months is more than 12 months, the maximum refund is only calculated for 12 months. If the actual working time calculated in months has odd days, under 15 days is not counted; from 15 days or more, it is rounded up to 01 working month.

See more related regulations at Circular 30/2013/TT-BLDTBXH effective from December 10, 2013.

Thu Ba

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