What is the level of support for trade unionists and employees in Vietnam who suspend the performance of employment contracts or take unpaid leave in 2023?
- What is the level of support for trade unionists and employees in Vietnam who suspend the performance of employment contracts or take unpaid leave in 2023?
- What is included in the application for supporting trade unionists and employees who suspend the performance of employment contracts, take unpaid leave in 2023?
- Order and procedures for receiving support for trade unionists and employees who suspend the performance of employment contracts or take unpaid leave in 2023?
What is the level of support for trade unionists and employees in Vietnam who suspend the performance of employment contracts or take unpaid leave in 2023?
Pursuant to Chapter III of the Regulation promulgated together with Decision 6696/QD-TLD of Vietnam in 2023 with the content on supporting trade unionists and employees to suspend the performance of employment contracts or take unpaid leave as follows:
(1) About the object of support
Trade unionists and employees working under employment contracts at enterprises that have paid trade union fees before September 30, 2022 must suspend the performance of employment contracts, take unpaid leave due to being cut off by the enterprise’s orders being cut off.
(2) About the conditions of support
Trade unionists and employees subject to temporary suspension of employment contract performance or unpaid leave will be supported when fully meeting the following conditions:
- Suspend the performance of employment contracts, suspend work without salary during the term of the employment contract from 30 consecutive days or more due to the enterprise's order reduction or reduction (except for trade unionists, employees suspend the performance of employment contracts or take unpaid leave for personal reasons).
- The period of suspension of the performance of the employment contract, unpaid leave from October 1, 2022 to the end of March 31, 2023.
- The time to start suspending the performance of employment contracts, taking unpaid leave from October 1, 2022 to the end of March 31, 2023.
(3) About the level of support and payment method
- Support level
+ Employees are trade unionists; employees who are not trade unionists but are women aged full 35 years or older, are pregnant women, employees are raising their natural or adopted children or taking care of children under 6 years old (only support for 01 child) person who is the mother or father or substitute carer): 2,000,000 VND/person.
+ Employees who are not trade unionists: 1,400,000 VND/person.
- Payment method: Lump-sum payment, by cash or bank transfer.
What is the level of support for trade unionists and employees in Vietnam who suspend the performance of employment contracts or take unpaid leave in 2023?
What is included in the application for supporting trade unionists and employees who suspend the performance of employment contracts, take unpaid leave in 2023?
According to the provisions of Article 13 of the Regulation promulgated together with Decision 6696/QD-TLD of Vietnam in 2023, the application includes:
- List of trade unionists and employees who temporarily suspend the performance of employment contracts or take unpaid leave due to business cuts or reductions in orders
- A copy of the written agreement on temporary suspension of the performance of the employment contract or unpaid leave of the trade unionists or employees.
- Copies of documents, plans and decisions on job arrangement, production and business because the business is cut or reduced orders, leading to the suspension of the performance of the employment contract or unpaid leave with the trade unionists, employees.
- In case the employee is not a trade unionist but is a pregnant woman, the employee is raising a biological or adopted child or taking care of a child under 6 years old, a copy of one of the following documents must be added: Papers proving that the employee is pregnant; Child's Birth Certificate or Birth Certificate; Certificate of adoption; The decision of a competent agency to hand over and receive alternative care for children.
Order and procedures for receiving support for trade unionists and employees who suspend the performance of employment contracts or take unpaid leave in 2023?
According to the provisions of Article 14 of the Regulation promulgated together with Decision 6696/QD-TLD of Vietnam in 2023, the order and procedures for requesting payment of support for trade unionists and employees to suspend the performance of employment contracts or take leave Unpaid work in 2023 is done as follows:
- Before the 15th of every month, the grassroots trade union shall review and request the employer to coordinate in compiling the list of trade unionists and employees eligible for support, and send the request to the directly superior trade union. The deadline for receiving dossiers is the end of March 31, 2023.
For enterprises that have not yet established a grassroots trade union, the immediate superior trade union at the grassroots level shall request and coordinate with the employer to compile a list of employees eligible for support and collect dossiers according to Article 13 of this Regulation.
- Within 05 working days from the date of receiving the complete dossier, the immediate superior trade union of the establishment shall appraise and submit it to the provincial trade union.
In case the grassroots trade union belongs to the provincial trade union, the provincial trade union is responsible for appraisal.
- Within 05 working days from the date of receipt of the complete dossier, the provincial-level Trade union shall issue a decision approving the list and support funding (according to Form No. 02 in the Appendix issued with this Regulation); direct the direct superior grassroots trade union to transfer the support funds or directly transfer the support funds to the account of the grassroots trade union or direct the immediate superior grassroots trade union to coordinate with the enterprise (where the grassroots trade union has not yet been established) to support trade unionists and employees. In case of disapproval, the provincial trade union shall notify in writing and clearly state the reason.
- Within 05 working days from the date of receipt of the support fund, the grassroots trade union, the grassroots direct superior trade union, the provincial trade union shall coordinate with the employer to pay support for the trade unionists and employees.
- Within 07 working days from the date of completion of the payment of support for trade unionists, employees, the grassroots trade union shall send a list of members and employees signing for support (using Form No. issued together with this Regulation) or documents proving that the support money has been transferred to trade unionists and employees (in case the trade unionists or employees do not directly receive cash) and send it to the immediate superior trade union.
For enterprises that have not yet established a grassroots trade union, the immediate superior trade union at the grassroots level shall make a list of employees to sign to receive support or documents proving that the support money has been transferred to the employees (in case employees do not directly receive cash) and keep documents as prescribed.
Nguyễn Thị Hồng Nhung
