Can employees go back to work after compulsory drug rehabilitation in Vietnam?

Can employees go back to work after compulsory drug rehabilitation in Vietnam?

In Clause 1, Article 30 of the Labor Code 2019, there are provisions on suspension of an employment contract as follows:

1. Cases of suspension of an employment contract:

a) The employee is conscripted into the army or militia;

b) The employee is held in custody or detention in accordance with the criminal procedure law;

c) The employee is sent to a reformatory school, drug rehabilitation center or correctional facility;

d) The female employee is pregnant as specified in Article 138 of this Code;

dd) The employee is designated as the executive of a wholly state-owned single-member limited liability company;

e) The employee is authorized to representative the state investment in another enterprise;

g) The employee is authorized to represent the enterprise’s investment in another enterprise;

h) Other circumstances as agreed by both parties.

2. During the suspension of the employment contract, the employee shall not receive the salary and benefits specified in the employment contract, unless otherwise agreed by both parties or prescribed by law.

Article 31 of the Labor Code 2019 also stipulates on reinstatement of employees upon expiry of the temporary suspension of the employment contract as follows:

Within 15 days from the expiry of the suspension period of the employment contract, the employee shall be present at the workplace and the employer shall reinstate the employee under the employment contract if it is still unexpired, unless otherwise agreed by both parties or prescribed by law.

According to current regulations in Vietnam, the case where you go to drug rehabilitation center is subject to a temporary suspension of the performance of your employment contract. Therefore, you can get back to work after going to drug rehabilitation center.

Are employees required to revise their employment contracts in Vietnam?

In Article 33 of the Labor Code 2019, there are provisions on revisions to employment contracts as follows:

1. During the performance of an employment contract, any party who wishes to revise the employment contract shall notify the other party of the revisions at least 03 working days in advance.

2. In case where an agreement is reached between the parties, the revisions shall be made by signing an annex to the employment contract or signing a new employment contract.

3. In case the two parties fail to reach an agreement on the revisions, they shall continue to perform the existing employment contract.

According to this Article, the employee has the right to request revisions to the employment contract. However, if you request to revise the employment contract, you need to notify the employer at least 03 working days in advance of the content that needs to be amended and supplemented in Vietnam.

Best Regards!