Are employees in Vietnam who are on leave to enjoy maternity benefits and sick benefits receive rent support under Decision 08/2022/QD-TTg?
Who are the beneficiaries of the rent support policy?
Article 4, Article 8 of Decision 08/2022/QD-TTg stipulates who are entitled to the rent support policy as follows:
Support employees who are working in the business
“Article 4. Objects and conditions of support
Employees working in enterprises in industrial parks, export processing zones or key economic areas are supported when fully meeting the following conditions:
1. Renting, lodging in the period from February 1, 2022 to June 30, 2022.
2. Having an indefinite-term labor contract or a definite-term labor contract of 01 month or more signed and commenced before April 1, 2022.
3. Being participating in compulsory social insurance (named on the list of participating in compulsory social insurance of the social insurance agency) in the month immediately preceding the time the enterprise prepares the list of employees requesting support. rent assistance.
In case employees are not subject to compulsory social insurance as prescribed in Clause 4, Article 2 of Decree No. 115/2015/ND-CP dated November 11, 2015 of the Government detailing a number of Articles of the Law on Social Insurance on compulsory social insurance must be included in the salary list of the enterprise of the month immediately preceding the time the enterprise makes a list of employees requesting rent support.”
Support workers to return to the labor market:
“Article 8. Objects and conditions of support
Employees who are working in enterprises, cooperatives, business households with business registration in industrial parks, export processing zones or key economic areas are supported when fully meeting the following conditions:
1. Renting, lodging in the period from April 1, 2022 to June 30, 2022.
2. Having an indefinite-term labor contract or a definite-term labor contract of 01 month or more entered into and performed during the period from April 1, 2022 to June 30, 2022 , except for the labor contract that is a continuation of the previously signed and performed labor contract.
3. Being participating in compulsory social insurance (named on the list of participating in compulsory social insurance of the social insurance agency) in the month preceding the time the employer makes the list of employees offer rent assistance.
In case employees are not subject to compulsory social insurance as prescribed in Clause 4, Article 2 of Decree No. 115/2015/ND-CP dated November 11, 2015 of the Government detailing a number of Article of the Law on Social Insurance on compulsory social insurance, newly recruited employees and have entered into labor contracts but are not yet on the list of participating in compulsory social insurance of the social insurance agency. The association must be on the employer's salary list of the month preceding the time the employer makes a list of employees requesting rent support.
Thus, in specific cases, employees must meet the above conditions to be supported under the rental support policy
Are employees in Vietnam who are on leave to enjoy maternity benefits and sick benefits receive rent support under Decision 08/2022/QD-TTg?
Employees in Vietnam who take leave to enjoy maternity benefits or enjoy sickness benefits who are entitled to the policy of rent support?
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 in Vietnam take maternity leave and employees in Vietnam 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 in Vietnam 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.
Working time to calculate severance allowance, job loss allowance?
At Point a, Clause 3, Article 8 of Decree 145/2020/ND-CP stipulates:
“Article 8. Job severance allowance and job loss allowance
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3. Working time for calculation of severance pay or job loss allowance is the total time the employee has actually worked for the employer minus the time the employee has participated in unemployment insurance. according to the provisions of the law on unemployment insurance and working time, the employer has paid severance allowance or job loss allowance, in which:
a) The total time the employee has actually worked for the employer, including: the time the employee has directly worked; probationary period; the time the employer sends to study; the period of leave to enjoy the sickness and maternity benefits in accordance with the law on social insurance; time off work for treatment, occupational rehabilitation in case of occupational accident or occupational disease, which is paid by the employer in accordance with the law on occupational safety and sanitation; time off from work to perform civic duties as prescribed by law, which is paid by the employer; the time off work is not due to the fault of the employee; weekly leave according to Article 111, full pay leave according to Article 112, Article 113, Article 114, Clause 1 Article 115; the time to perform the tasks of the representative organization of employees as prescribed in Clauses 2 and 3 of Article 176 and the period of temporary suspension of work according to Article 128 of the Labor Code…”
Thus, employees who take maternity leave and enjoy sickness benefits are still entitled to rent support if they meet the provisions of Decision 08/2022/QD-TTg.
Lê Nguyễn Cẩm Nhung
