Does the Advance Salary During Temporary Work Suspension Include Allowances?

Clause 2 Article 129 of the 2012 Labor Code stipulates:

The duration of the temporary suspension of work shall not exceed 15 days; in special cases, it shall not exceed 90 days. During the period of suspension, the employee is entitled to 50% of their wage in advance before the suspension.

Upon the expiration of the suspension period, the employer must accept the employee back to work.

Furthermore, according to Clause 5 Article 26 of Decree 05/2015/ND-CP, the wage used as a basis for advance during temporary leave for performing citizen obligations under Clause 2 Article 100 or during work suspension under Article 129 of the Labor Code is the wage according to the labor contract of the preceding month before the employee temporarily leaves or is suspended, and it is calculated in accordance with the payment methods specified in Clause 1 Article 22 of this Decree.

According to Article 90 of this Code:

Wage is the amount paid by the employer to the employee for performing agreed work.

Wage includes the wage level according to the job or title, wage allowances, and other supplemental amounts.

The employee's wage shall not be lower than the minimum wage prescribed by the Government of Vietnam.

Thus, the advance wage is the wage according to the labor contract of the preceding month before the employee is temporarily suspended from work, which may include the wage level according to the job or title, wage allowances, and other supplemental amounts.

Respectfully!