How are Employees Affected by Typhoon No. 3 (Typhoon Yagi) Supported?
How are employees affected by typhoon No. 3 (Typhoon Yagi) supported?
On September 10, 2024, the Vietnam General Confederation of Labour issued Official Dispatch 2038/TLD-QHLD Download to care for, support, members, and employees affected by typhoon No. 3 in 2024.
Based on Official Dispatch 2038/TLD-QHLD of 2024 Download as follows:
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- Actively submit a document requesting the Golden Heart Fund to support members, employees affected by typhoon No. 3 (according to the Fund's regulations) for the following subjects:
+ Members, employees who have died due to the impact of the storm: VND 10 million/person deceased
+ Members, employees who are seriously injured and need hospitalization: support ranging from VND 1 million to 5 million/person.
- For localities and sectors directly affected by typhoon No. 3, based on the extent of property damage (houses with blown roofs, washed away by floods, landslides, damaged houses needing immediate repair...) promptly support members and employees to overcome the consequences and stabilize their lives with support levels ranging from VND 1 million to 3 million/case (from the recurrent financial accumulation).
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Employees affected by typhoon No. 3 are supported as follows:
- VND 10 million/person deceased for members and employees who died due to the impact of typhoon No. 3- From VND 1 million to 5 million/person for members, employees who are seriously injured and need hospitalization- From VND 1 million to 3 million/case (from the recurrent financial accumulation) for localities, sectors directly affected by typhoon No. 3, based on the extent of property damage (houses with blown roofs, washed away by floods, landslides, damaged houses needing immediate repair...) promptly support members and employees to overcome the consequences and stabilize their lives
How are employees affected by typhoon No. 3 supported? (Image from the Internet)
Are employees laid off for more than 14 days due to typhoon No. 3 paid?
Based on Article 99 of the Labour Code 2019 which stipulates stoppage pay:
Article 99. Stoppage pay
In case of work stoppage, employees are paid as follows:
If due to the fault of the employer, the employees are paid in full as per the labour contract;
If due to the fault of the employees, the employees are not paid; other employees who have to stop working are paid at a rate agreed upon by both parties but not lower than the minimum wage;
If due to power or water issues not caused by the employer's fault, or due to natural disasters, fires, dangerous epidemic diseases, enemy sabotage, relocation as required by competent state agencies, or for economic reasons, the parties shall agree on the stoppage pay as follows:
a) If the stoppage period does not exceed 14 working days, the stoppage pay is agreed upon but not lower than the minimum wage;
b) If the stoppage period exceeds 14 working days, the stoppage pay is agreed upon by both parties but the first 14 days' stoppage pay must not be lower than the minimum wage.
Thus, employees laid off for more than 14 days due to typhoon No. 3 are paid. The pay rate is mutually agreed upon but must ensure that the stoppage pay for the first 14 days is not lower than the minimum wage.
Can an employer unilaterally terminate the contract with an employee due to typhoon No. 3?
Based on Article 36 of the Labour Code 2019 which stipulates the employer's right to unilaterally terminate an employment contract:
Article 36. Employer's right to unilaterally terminate an employment contract
- The employer has the right to unilaterally terminate an employment contract in the following cases:
a) The employee frequently fails to complete the work as per the labour contract, determined by criteria for evaluating work completion levels set by the employer. The evaluation criteria must be developed with consultation from the employee representative organization at the grassroots level, where one exists;
b) The employee suffers from illness or injury and has received treatment for 12 consecutive months in the case of indefinite-term contracts, or for 6 consecutive months for definite-term contracts from 12 to 36 months, or over half the term for contracts less than 12 months, without recovery;
When the employee's health recovers, the employer considers re-engaging in a labour contract with the employee;
c) Due to natural disasters, fires,dangerous epidemic diseases, enemy sabotage or relocation, downsizing of production and business operations required by competent state agencies, and the employer has sought all measures but is still forced to downsize the workforce;
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Therefore, the employer has the right to unilaterally terminate the contract with an employee due to typhoon No. 3 where the employer has attempted all remedial measures but is still forced to reduce jobs.
