Number of days a company is allowed to delay salary payments?
Number of Days the Company Can Delay Salary Payment?
I would like to ask, how many days can a company delay paying salaries to employees? This month, my company has not paid the salary yet, so I have this question.
Answer: According to Clause 4, Article 97 of the Labor Code 2019, the regulation on the salary payment period is as follows:
In case due to force majeure reasons the employer, having tried all remedial measures, still cannot pay the salary on time, the delay must not exceed 30 days; if the salary is delayed by 15 days or more, the employer must compensate the employee with an amount at least equal to the interest of the delayed amount calculated according to the one-month term deposit interest rate publicly announced by the bank where the employer opens the account to pay the employee at the time of payment.
Thus, the company can delay salary payment to employees for no more than 30 days. If the salary is delayed by 15 days or more, the company must compensate the employee with an amount equal to the interest of the delayed amount calculated according to the one-month term deposit interest rate announced by the bank where the company opens the account to pay the employee.
Is It Mandatory to Pay Salaries Through ATM Cards?
I want to ask, my company is currently paying salaries in cash. According to the regulations of the Labor Code 2019, is it mandatory for the company to pay salaries through ATM cards?
Answer: According to Article 96 of the Labor Code 2019, the regulation on forms of salary payment is as follows:
- Employers and employees agree on the form of salary payment by time, product, or contract.
- Salary is paid in cash or through the employee's personal account opened at a bank.
In case the salary is paid through the employee's personal account opened at a bank, the employer must bear the fees related to opening the account and transferring the salary.
- The Government of Vietnam regulates this in detail.
Thus, depending on the actual situation, the employer can choose the form of salary payment through an account or in cash. Therefore, it is not mandatory to pay salaries through ATM cards.
Who Bears the Fees When Paying Salaries Through ATM Cards, the Company or the Employee?
I have just signed an official labor contract, and my company has agreed to pay my salary through a TP Bank card. I wonder if I have to bear the ATM card fees and the salary transfer fees, or does the company bear these costs?
Answer: According to Clause 2, Article 96 of the Labor Code 2019, the regulation on forms of salary payment is as follows:
Salary is paid in cash or through the employee's personal account opened at a bank.
In case the salary is paid through the employee's personal account opened at a bank, the employer must bear the fees related to opening the account and transferring the salary.
Based on the above regulation, when the employer agrees to pay the salary through the employee's personal account (ATM card), the employer must bear the costs related to opening the card and transferring the salary.
Therefore, you do not have to bear the fees for opening an account and transferring the salary.
Respectfully!
