Vietnam: Is it a penalty for not accepting employees back to work after the expiration of the contract suspension period?
Under what circumstances is the labor contract suspended in Vietnam?
Based on the provisions of Article 30 of the Labor Code 2019 of Vietnam, cases of temporary suspension of the performance of labor contracts include:
- Cases of suspension of an employment contract:
+ The employee is conscripted into the army or militia;
+ The employee is held in custody or detention in accordance with the criminal procedure law;
+ The employee is sent to a reformatory school, drug rehabilitation center or correctional facility;
+ The female employee is pregnant as specified in Article 138 of this Code;
+ The employee is designated as the executive of a wholly state-owned single-member limited liability company;
+ The employee is authorized to representative the state investment in another enterprise;
+ The employee is authorized to represent the enterprise’s investment in another enterprise;
+ Other circumstances as agreed by both parties.
- During the suspension of the employment contract, the employee shall not receive the salary and benefits specified in the employment contract, unless otherwise agreed by both parties or prescribed by law.
Vietnam: Is it a penalty for not accepting employees back to work after the expiration of the contract suspension period?
Will the employee who expires the suspension continue to return to work in Vietnam?
According to the provisions of Article 31 of the Labor Code 2019 of Vietnam on the re-admission of employees after the expiration of the labor contract suspension period as follows:
Article 31. Reinstatement of employees upon expiry of the temporary suspension of the employment contract
Within 15 days from the expiry of the suspension period of the employment contract, the employee shall be present at the workplace and the employer shall reinstate the employee under the employment contract if it is still unexpired, unless otherwise agreed by both parties or prescribed by law.
Thus, after the expiration of the period of temporary suspension of the performance of the labor contract, within 15 days must be present at the workplace, and the employer must accept the employee back to work under the signed labor contract if the labor contract is still valid.
How is failure to return employees to work after the expiration of the contract suspension period in Vietnam?
According to the provisions of Clause 2 Article 11 of Decree 12/2022/ND-CP on this content as follows:
Article 11. Violations against regulations on performance of employment contracts
…
2. A fine ranging from VND 3.000.000 to VND 7.000.000 shall be imposed upon an employer for commission of one of the following violations:
a) Placing employees in jobs at places other than the ones agreed in employment contracts, except for the cases specified in Article 29 in the Labour Code;
b) Failing to reinstate the employee who returns to work after the suspension period of the employment contract if it is still unexpired, unless otherwise agreed by the employer and the employee or prescribed by law;
c) Reassigning employees to perform works which are not specified in their employment contracts for improper reasons or for incorrect periods, or without written consent from employees as prescribed by law.
3. A fine ranging from VND 15.000.000 to VND 30.000.000 shall be imposed for committing acts of sexual harassment in the workplace if not liable to criminal prosecution.
4. A fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed upon an employer for commission of one of the following violations:
a) Coercing or maltreating employees if not liable to criminal prosecution.
b) Forcing the employee to keep performing the employment contract to pay debt to the employer.
5. Remedial measures
a) The employer that commits the violation specified in Point a Clause 2 of this Article is compelled to place employees in jobs at places agreed in employment contracts;
b) The employer that commits the violation specified in Point b Clause 2 of this Article is compelled to reinstate the employee who returns to work after the suspension period of the employment contract, unless otherwise agreed by both parties or prescribed by law, and pay salary to the employee for the period during which the employee was not allowed to work after the suspension period of the employment contract;
c) The employer that commits the violation specified in Point c Clause 2 of this Article is compelled to assign employees to perform works agreed in their employment contracts.
Thus, employers who do not accept employees to work after the expiration of the labor suspension period shall be sanctioned for administrative violations from VND 03 million to VND 07 million. At the same time, forcing the employer to return the employee to work after the expiration of the period of temporary suspension of the performance of the labor contract.
Note, the above administrative sanctions only apply to individuals, in case the organization violates, the administrative sanction is 02 times higher than the individual.
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