Answering some problems when implementing the housing rental support policy in 2022 for employees in Vietnam according to Decision 08/2022/QD-TTg?
Who is supported in the policy of housing rental support for employees?
Pursuant to Official Letter 326/CVL-TTLD in 2022 guiding the implementation of Decision 08/2022/QD-TTg, the Employment Department provides guidance on cases where employees take maternity leave and employees take leave to enjoy maternity benefits. sickness regime as follows:
- According to the provisions of Point a, Clause 3, Article 8 of Decree 145/2020/ND-CP of the Government detailing and guiding the implementation of a number of articles of the Labor Code on labor conditions and labor relations. the total time the employee has actually worked for the employer, including the time off to enjoy the sickness and maternity benefits in accordance with the law on social insurance.
- During the period when the employee is on leave to enjoy maternity benefits, or when the employee takes sick leave for 14 working days or more in a month, he/she is not required to pay social insurance premiums as prescribed but still has his/her name on the list. Compulsory social insurance participation policy of the social insurance agency.
- Therefore, employees who take leave to enjoy maternity benefits, employees who take leave to enjoy sickness benefits are eligible for housing rent policy support if they are eligible according to Decision No. 08/2022/QD- TTg
Answering some problems when implementing the housing rental support policy in 2022 for employees in Vietnam according to Decision 08/2022/QD-TTg?
Which employers are eligible for the rental assistance policy?
- According to the provisions of Clause 1, Article 3 of Decision 08/2022/QD-TTg on employers: Employers are enterprises, cooperatives, business households with business registration and hire hire and employ laborers to work under the agreement.
- Answering questions about this regulation, Official Letter 326/CVL-TTLD in 2022 guiding the implementation of Decision 08/2022/QD-TTg, the Employment Department guides as follows:
- According to the provisions of Clause 1, Article 3 of the Prime Minister's Decision No. 08/2022/QD-TTg dated March 28, 2022 on the implementation of the policy on housing rental support for employees (Decision No. 08/2022/QD-TTg), only "enterprises, cooperatives, business households with business registration" are subject to the application of Decision No. 08/2022/QD-TTg
Thus, employers who are subject to the policy of rent support are enterprises, cooperatives, and business households with business registration.
How does social insurance confirm and pay rent support to employees?
To answer questions about this regulation, Official Letter 326/CVL-TTLD in 2022 guiding the implementation of Decision 08/2022/QD-TTg, the Employment Department guides as follows:
- According to the provisions of Clauses 3 and 4, Article 7 of Decision 08/2022/QD-TTg, the enterprise shall make a list of employees requesting monthly rent support and may request the social insurance agency. The association confirms 2 or 3 months for the policy to support employees working in the enterprise.
- According to the provisions of Clause 3, Article 9, Clause 3 and Clause 4, Article 11 of Decision 08/2022/QD-TTg, for books to support workers returning to the labor market, employers are required to send the list of proposed monthly rent support to the social insurance agency before the 15th of each month, not allowed to combine 02 or 03 months.
- Regarding the example in section 3: In May 2022, the enterprise made a list of requests for April rent support for employees, in June 2022, the enterprise made a list of requests for May rent support for workers.
Thus, regarding the payment of rent support for employees, Social Insurance will pay monthly or compound 2 to 3 months as required.
If in May the new employer makes a list of February, March and April rent support for employees, will they receive support or not?
To answer questions about this regulation, Official Letter 326/CVL-TTLD in 2022 guiding the implementation of Decision 08/2022/QD-TTg, the Employment Department guides as follows:
- According to the provisions of Clause 1, Article 4 of Decision No. 08/2022/QD-TTg, the conditions for renting and lodging in the period from February 1, 2022 to June 30, 2022 should be the rental period, in February, March 2022, if eligible, they will still be supported with the February and March rent.
Thus, in May 2022, businesses have made a list of requests to support rent for employees for 3 months: February, March, April 2022.
When does the employer pay rent assistance to the employee?
To answer questions about this regulation, Official Letter 326/CVL-TTLD in 2022 guiding the implementation of Decision 08/2022/QD-TTg, the Employment Department guides as follows:
- According to the provisions of Clause 7 Article 7, Clause 7 Article 11 of Decision 08/2022/QD-TTg, the employer is responsible for paying the employee within 02 working days from the date of receipt of the funding. support.
- At Point dd, Clause 2, Article 12, it is stipulated that the employer's responsibility is to pay rent support to employees, and pay and settle expenses in accordance with law.
- Accordingly, if the employer violates in the payment of support, payment and finalization of funds, the application of handling of administrative violations in the field of finance and accounting shall be applied.
Lê Nguyễn Cẩm Nhung