What is the maximum advance for employee during the work suspension period in Vietnam?
What is the maximum advance for employee during the work suspension period in Vietnam?
Pursuant to the provisions of Clause 2, Article 128 of the Labor Code 2019, 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, based on the above provisions, during the suspension, the employee shall receive an advance of 50% of his/her salary entitled prior to the suspension
What is the maximum advance for employee during the work suspension period in Vietnam? (Image from the internet)
Do employees have the right to complain during the work suspension period in Vietnam?
Pursuant to the provisions of Article 73 of Decree 145/2020/ND-CP stipulates as follows:
Labor discipline and material responsibility-related complaints
A person who is disciplined, suspended from work or has to pay compensation is entitled to file a complaint to the employer or a competent authority in accordance with regulations of the Government on settlement of labor complaints individual labor disputes following the procedures in Section 2 Chapter XIV of the Labor Code.
In case the employer decides to dismiss an employee against the law, in addition to the obligations and responsibilities prescribed by regulations of the Government on settlement of labor complaints individual labor disputes following the procedures in Section 2 Chapter XIV of the Labor Code, the employer also has the responsibilities specified in Article 41 of the Labor Code.
Thus, a person who is suspended from work or has to pay compensation is entitled to file a complaint to the employer or a competent authority in accordance with regulations of the Government on settlement of labor complaints individual labor disputes following the procedures in Section 2 Chapter XIV of the Labor Code.
Vietnam: What are the penalties for making advance payments to employees who temporarily leave their works?
Pursuant to the provisions of Clause 2, Article 17 of Decree 12/2022/ND-CP, the following regulations:
Violations against regulations on salaries
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2. The following fines shall be imposed upon an employer for commission of one of the following violations: Failing to pay salaries on schedule as prescribed by law; failing to pay or insufficiently paying salaries to employees as agreed in their employment contracts; failing to make or insufficiently making overtime pay; failing to make or insufficiently making nightshift pay; failing to pay or insufficiently paying work suspension allowances as prescribed by law; restricting or interfering employees’ spending of their salaries; forcing employees to spend their salaries on goods or services of the employer or any particular providers decided by the employer; deducting from employees’ salaries in breach of law; failing to pay or insufficiently paying salaries to employees how are reassigned to perform works which are not specified in their employment contracts or during a strike; failing to make or insufficiently making payments to employees who, due to employment termination or job loss, have not taken or not entirely taken up their annual leave in compensation for their untaken leave days; failing to make or insufficiently making advance payments to employees who temporarily leave their works in accordance with regulations of law; failing to pay full salaries to employees who are not disciplined for their work suspension period:
a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 01 - 10 employees;
b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves 11 - 50 employees;
c) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves 51 - 100 employees;
d) A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed if the violation involves 101 - 300 employees;
dd) A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed if the violation involves 301 employees or more.
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5. Remedial measures
a) The employer that commits the violation specified in Clause 2 or Clause 3 of this Article is compelled to pay full salaries plus interests on late payments or insufficient payments of salary, which are calculated at the highest rate of the demand deposit interest rates publicly quoted by state-owned commercial banks on the date of penalty imposition, to employees.
b) The employer that commits the violation specified in Clause 4 of this Article is compelled to pay full amounts of money equal to total sums of compulsory social insurance, compulsory health insurance, and unemployment insurance premiums payable plus interests on such amounts, which are calculated at the highest rate of the demand deposit interest rates publicly quoted by state-owned commercial banks on the date of penalty imposition, to employees.
Thus, based on the above provisions, the employer who fails to advance the salary to the employee during the period of temporary suspension of work may be fined up to VND 50,000,000, depending on the number of employees who are not paid the advance to determine the appropriate fine as prescribed above.
The above fine level is the fine level for individuals, the fine level for organizations will be 2 times the individual fine level (as prescribed in Clause 1, Article 6 of Decree 12/2022/ND-CP).
In addition, the employer must pay full salaries plus interests on late payments or insufficient payments of salary, which are calculated at the highest rate of the demand deposit interest rates publicly quoted by state-owned commercial banks on the date of penalty imposition, to employees.
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