Regulations on the Actual Working Time of Employees for Calculating Severance Allowance

Sure! Here is the translated text:---Yes, I would like to inquire about the latest regulations concerning what time is considered the actual working time of the employee for the purpose of calculating severance pay?

Based on Point a, Clause 3, Article 8 of Decree 145/2020/ND-CP (Effective from February 1, 2021), the total time the employee has actually worked for the employer to calculate severance allowance includes:

- The time the employee directly worked;- The probationary period;- The time the employee was sent to study by the employer;- The time taken off for illness and maternity benefits as prescribed by the law on social insurance;- The time taken off for treatment and rehabilitation of labor capacity when experiencing work-related accidents or occupational diseases, for which the employer paid salary according to the laws on labor safety and hygiene;- The time off to perform citizen obligations as prescribed by the law, for which the employer paid salary;- The time of work stoppage not due to the employee's fault; weekly time off as per Article 111, time off with full pay as per Article 112, Article 113, Article 114, and Clause 1, Article 115 of the Labor Code;- The time spent performing tasks of labor representative organizations as prescribed in Clause 2, Clause 3, Article 176, and the time of temporary suspension of work as per Article 128 of the Labor Code.

Sincerely!

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