07/10/2022 14:23

From Jan 1.2021, the employee to be paid a compensation if salary 15 days behind schedule

From Jan 1.2021, the employee to be paid a compensation if salary 15 days behind schedule

Below are the points to pay attention to in the Labor Code 2019 passed by the XIV National Assembly on November 20, 2019.

Specifically, in Clause 4, Article 97 of the Labor Code 2019 stipulates as follows:

"In case of a force majeure event in which the employer is unable to pay the employee on schedule after all remedial measures have been implemented, the salary shall be paid within 30 days. In case a salary is paid at least 15 days behind schedule, the employer shall pay the employee a compensation that is worth at least the interest on the amount paid behind schedule at the latest 1-month interest rate quoted by the bank at which the employee’s salary account is opened."

In addition, the Labor Code 2019 allows an employee to unilaterally terminate the employment contract without prior notice if he/she:

- is not assigned to the work or workplace or not provided with the working conditions as agreed in the employment contract, except for the cases specified in Article 29 of this Labor Code; is not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of this Code.

- is maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the employee’s health, dignity or honor; is forced to work against his/her will;

- is sexually harassed in the workplace;

- is pregnant and has to stop working in accordance with Clause 1 Article 138 of this Labor Code.

- reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties; or

- finds that the employer fails to provide truthful information in accordance with Clause 1 Article 16 of this Labor Code in a manner that affects the performance of the employment contract.

See more in the Labor Code 2019 which takes effect from January 1, 2021.


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