How much is the advance of salary to be received prior to the work suspension in Vietnam?
How much is the advance of salary to be received prior to the work suspension in Vietnam?
Pursuant to the provisions of Clause 2, Article 128 of the Labor Code 2019, the regulations are as follows:
Work suspension
1. An employer has the right to suspend an employee from work if the violation is of a complicated nature and where the continued presence of the employee at the workplace is deemed to cause difficulties for the investigation. An employee shall only be suspended from work after consultation with the representative organization of employees to which the employee is a member.
2. The work suspension shall not exceed 15 days, or 90 days in special circumstances. During the suspension, the employee shall receive an advance of 50% of his/her salary entitled prior to the suspension.
Upon the expiry of the work suspension period, the employer shall reinstate the employee.
3. Where the employee is disciplined, he/she shall not be required to return the advanced salary.
4. Where the employee is not disciplined, the employer shall pay the full salary for the work suspension period.
Thus, based on the above regulations, during the period of temporary work suspension, the employee is entitled to a maximum salary advance of 50% of the salary before the work suspension.
How much is the advance of salary to be received prior to the work suspension in Vietnam?
Vietnam: Will employees be entitled to receive the full salary for the work suspension period?
Pursuant to Clause 4, Article 128 of the Labor Code 2019, it is stipulated as follows:
Work suspension
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4. Where the employee is not disciplined, the employer shall pay the full salary for the work suspension period.
In addition, Article 65 of Decree 145/2020/ND-CP stipulates as follows:
Periods included in working time as the basis for calculation of annual leave
1. Vocational training and apprenticeship period prescribed in Article 61 of the Labor Code if the employee works for the employer after the end of the vocational training or apprenticeship period.
2. Probation period if the employee keeps working for the employer after the end of the probation period.
3. Personal leave prescribed in Clause 1 Article 115 of the Labor Code.
4. Unpaid leave if accepted by the employer and not exceeding 01 month per year totally.
5. Leave taken due to occupational accidents or diseases if not exceeding 6 months totally.
6. Sick leave if not exceeding 02 months per year totally.
7. Maternal leave prescribed by social insurance laws.
8. Period of performance of duties of the internal employee representative organization that is included in working time as prescribed by law.
9. Work suspension and leave through no fault of the employee.
10. Suspension period after which the employee is exonerated or exempt from disciplinary actions.
Thus, based on the above regulations, where the employee is not disciplined, the employer shall pay the full salary for the work suspension period.
In addition, work suspension and leave through no fault of the employee will be included in working time as the basis for calculation of annual leave.
Vietnam: Are employees who are suspended from work entitled to file a complaint?
Pursuant to the provisions of Article 73 of Decree 145/2020/ND-CP stipulates as follows:
Labor discipline and material responsibility-related complaints
A person who is disciplined, suspended from work or has to pay compensation is entitled to file a complaint to the employer or a competent authority in accordance with regulations of the Government on settlement of labor complaints individual labor disputes following the procedures in Section 2 Chapter XIV of the Labor Code.
In case the employer decides to dismiss an employee against the law, in addition to the obligations and responsibilities prescribed by regulations of the Government on settlement of labor complaints individual labor disputes following the procedures in Section 2 Chapter XIV of the Labor Code, the employer also has the responsibilities specified in Article 41 of the Labor Code.
Thus, A person who is disciplined, suspended from work or has to pay compensation is entitled to file a complaint to the employer or a competent authority in accordance with regulations of the Government on settlement of labor complaints individual labor disputes following the procedures in Section 2 Chapter XIV of the Labor Code 2019.
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