Is the period of work suspension included in working time as the basis for calculation of annual leave in Vietnam?

Main Content

• How long is the period of work suspension for employees in Vietnam?
• If the competent authority finds that there is no violations, shall the employees pay social insurance contributions for the period of temporary suspension in Vietnam?
• Is the period of work suspension included in working time as the basis for calculation of annual leave in Vietnam?

How long is the period of work suspension for employees in Vietnam?

In Clause 2, Article 128 of the Labor Code 2019, there are provisions 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, 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.

Is the period of work suspension included in working time as the basis for calculation of annual leave in Vietnam?

If the competent authority finds that there is no violations, shall the employees pay social insurance contributions for the period of temporary suspension in Vietnam?

In Clause 7, Article 42 of the Regulations issued together with Decision 595/QD-BHXH in 2017, there are provisions as follows:

Management of participants

...

7. If an employee is held in temporary detention or temporarily suspended from his/her job for investigation and consideration his/her violations, this employee and his/her employer are allowed to suspend paying social insurance contributions and premiums of unemployment insurance and occupational accident and occupational disease insurance but shall pay health insurance premiums with the monthly premiums of 4.5% of 50% of the monthly salary which he/she is received in accordance with regulations of law. After the period of temporary detention or temporary suspension, if the competent authority finds that there is no violations, the employee and his/her employer shall pay social insurance contributions and premiums of unemployment insurance and occupational accident and occupational disease insurance according to the monthly salary as the basis for paying compulsory social insurance contributions and pay health insurance premium according to the salary retrospectively paid for the period of temporary detention or temporary suspension and are not required to pay interest on unpaid insurance premiums.

8. If an employee who stops working in accordance with regulations of law on labor still receives salary, he/she or his/her employer shall pay insurance contributions and premiums according the monthly salary received by the employee during the stopping period.

Thus, if the competent authority finds that there is no violations, the employees shall pay social insurance contributions for the period of temporary suspension.

Is the period of work suspension included in working time as the basis for calculation of annual leave in Vietnam?

In Clause 10, Article 65 of Decree 145/2020/ND-CP, it is stipulated:

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, if the time off is due to temporary suspension from work but is later concluded that there is no violation or no labor disciplinary action, it is considered working time to calculate annual leave for the employee. dynamic.