Are employees taking leave due to typhoons and floods entitle for paid leave under the law in Vietnam?
Are employees taking leave due to typhoons and floods entitle for paid leave under the law in Vietnam?
Based on Article 99 of the Labor Code 2019 which regulates wages for work stoppage:
Article 99. Wages for Work Stoppage
In the event of a work stoppage, employees shall be paid as follows:
1. If the work stoppage is due to the fault of the employer, the employees shall be paid in full according to the employment contract;
2. If the work stoppage is due to the fault of the employee, that employee shall not be paid; other employees in the same unit who had to stop working shall be paid at a rate agreed upon by both parties but not lower than the minimum wage;
3. In case of a power or water outage not caused by the employer, or due to natural disasters, fires, dangerous epidemics, enemy sabotage, relocation of the business location as required by a competent state authority, or for economic reasons, the parties shall agree on the wages for the work stoppage as follows:
a) In case of a work stoppage of 14 working days or less, the wages for the work stoppage shall be agreed upon but not lower than the minimum wage;
b) In case of a work stoppage of more than 14 working days, the wages for the work stoppage shall be agreed upon by both parties, but the wages for the first 14 days shall not be lower than the minimum wage.
Thus, when employees take leave due to storms and floods, the wages for the work stoppage shall be agreed upon as follows:
- In case of a work stoppage of 14 working days or less, the wages for the work stoppage shall be agreed upon but not lower than the minimum wage.
- In case of a work stoppage of more than 14 working days, the wages for the work stoppage shall be agreed upon by both parties but must ensure the wages for the first 14 days are not lower than the minimum wage.
Are employees taking leave due to typhoons and floods entitle for paid leave under the law in Vietnam? (Image from the Internet)
What is the deadline for settling all obligations after termination of employment contract due to natural disaster in Vietnam?
Based on Article 48 of the Labor Code 2019, which regulates the obligations when ending a employment contract:
Article 48. Obligations When Ending a employment contract
1. Within 14 working days from the date of termination of the employment contract, both parties are responsible for fully settling all payments related to the rights of each party, except for the following cases where it can be prolonged but not exceeding 30 days:
a) The employer, being an individual, ceases operations;
b) The employer changes its structure, technology, or for economic reasons;
c) Division, separation, consolidation, merger; sale, lease, conversion of the type of enterprise; transfer of ownership, or the right to use assets of the enterprise, cooperative;
d) Due to natural disasters, fires, enemy sabotage, or dangerous epidemics.
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Thus, within no more than 30 working days from the date of termination of the employment contract, both parties are responsible for fully settling all payments related to the rights of each party.
How many in advance must notice be given ưhen unilaterally terminating a employment contract due to natural disasters in Vietnam?
According to Clause 2, Article 36 of the Labor Code 2019 which regulates the right of the employer to unilaterally terminate the employment contract in Vietnam:
Article 36. Right of an employer to unilaterally terminates the employment contract
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2. When unilaterally terminating the employment contract in the cases specified in Points a, b, c, d, and g, Clause 1 of this Article, the employer must give advance notice to the employee as follows:
a) At least 45 days for an indefinite-term employment contract;
b) At least 30 days for a definite-term employment contract with a term from 12 months to 36 months;
c) At least 03 working days for a definite-term employment contract with a term of less than 12 months and in the case specified in Point b, Clause 1 of this Article;
d) For certain occupations, jobs, or specialized work, the advance notice period shall be carried out as prescribed by the Government of Vietnam.
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According to the above regulation, if the employer unilaterally terminates the employment contract due to natural disasters, they must give advance notice to the employee as follows:
- At least 45 days for an indefinite-term employment contract
- At least 30 days for a definite-term employment contract with a term from 12 months to 36 months
- For certain occupations, jobs, or specialized work, the advance notice period shall be carried out as follows:
+ At least 120 days for an indefinite-term employment contract or a definite-term employment contract with a term from 12 months or more
+ At least one-fourth of the contract term for a definite-term employment contract with a term of less than 12 months.
