Things to know when temporarily suspending workers in Vietnam? How long is a suspension from work?

Main Content

• Conditions for temporary work suspension for employees in Vietnam?
• What is the temporary suspension period for employees in Vietnam?
• Penalties for violations related to temporary suspension of workers' jobs in Vietnam?
• Remedy for violations related to temporary suspension of workers' work in Vietnam?

Conditions for temporary work suspension for employees in Vietnam?

According to the provisions of Clause 1, Article 128 of the Labor Code 2019, the conditions for temporary work suspension for employees in Vietnam are specified as follows:

"Article 128. Suspension from work

1. The employer has the right to suspend the work of the employee when the violation contains complicated details, if it is deemed that allowing the employee to continue working, it will make it difficult to verify. The suspension of work of the employee is only made after consulting with the representative organization of the employee at the grassroots where the employee is being considered for suspension of work as a member. "

What is the temporary suspension period for employees in Vietnam?

Clause 2, Article 128 of the Labor Code 2019 provides for the temporary suspension of work for employees in Vietnam, specifically as follows:

"Article 128. Suspension from work

...

2. The period of work suspension must not exceed 15 days, and in special cases, it must not exceed 90 days. During the time of work suspension, the employee is entitled to an advance of 50% of the salary before the work is suspended. "

Things to know when temporarily suspending workers in Vietnam? How long is a suspension from work?

Penalties for violations related to temporary suspension of workers' jobs in Vietnam?

Under the provisions of Article 19 of Decree 12/2022 / ND-CP on sanctioning of administrative violations in the field of labor and social insurance, Vietnamese employees working abroad under a specific contract that :

"Article 19. Violation of regulations on labor discipline and material responsibility

1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed on the employers who fail to notify the labor regulations to all employees or post the main contents of the labor regulations at various places. needed at work.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on employers who commit one of the following acts:

a) Failure to have a written labor rule when employing 10 or more employees;

b) Failure to register the internal working regulations as prescribed by law;

c) Failure to consult the representative organization of workers at the grassroots level for the locality where there is a representative organization of workers at the grassroots level before issuing or amending or supplementing the internal working regulations;

d) Using the labor regulations which have not yet taken effect or have expired;

dd) Labor discipline, improper compensation for damage; procedure; statute of limitations in accordance with law;

e) To suspend work beyond the time prescribed by law;

g) Before suspending the work of the employee, the employer does not consult with the representative organization of the employee at the grassroots where the employee is being considered for suspension of work as a member. .

3. A fine of between VND 20,000,000 and 40,000,000 shall be imposed on employers for committing one of the following acts:

a) Infringing the employee's health, honor, life, prestige or dignity when disciplining the employee but not to the extent of being examined for penal liability;

b) Using the form of fines or wage cuts in lieu of the labor discipline;

c) Discipline the employee who commits a violation that is not specified in the internal labor regulations or does not reach an agreement in the signed labor contract or is not regulated by the law on labor;

d) Applying many forms of labor discipline to one act of violation of the labor discipline;

e) To handle the labor discipline for the employee who is taking the following time: sick leave; convalescence leave; resignation with the employer's consent; is in custody; is being held in detention; awaiting results of the competent authority to investigate, verify and conclude for the violations specified in Clauses 1 and 2, Article 125 of the Labor Code. "

Remedy for violations related to temporary suspension of workers' work in Vietnam?

In Clause 4, Article 19 of Decree 12/2022 / ND-CP on sanctioning of administrative violations in the field of labor and social insurance, Vietnamese employees working abroad under contracts on Remedy for violations related to temporary work suspension in Vietnam are as follows:

"Article 19. Violation of regulations on labor discipline and material responsibility

...

4. Remedy

a) Forcing the employer to return the employee to work and pay the employee in full according to the labor contract corresponding to the days off work when the employer applies the form of disciplinary action. dismissal law under the violations specified at Point dd, Clause 2, Point c, Clause 3 of this Article;

b) Forcing the employer to pay the full salary for the days of work suspension for the employee when committing the acts specified at Points e and g, Clause 2 of this Article;

c) Forcing the employer to publicly apologize to the employee and pay all treatment costs and wages to the employee during the treatment period if the infringement causes bodily harm to the employee. to the point of requiring medical treatment at a medical facility for the violation specified at Point a, Clause 3 of this Article;

d) Forcing the employer to return the collected amount or to fully pay the salary to the employee, for the act of violation specified at Point b, Clause 3 of this Article. "

Note: The fines for the above violations apply to individuals. If an organization commits a similar violation, the fine level shall be 2 times higher than that of an individual (Clause 1, Article 6 of Decree 12/2022 / ND-CP).

Above is some of the information we provide to you. Best regards!