What are regulations on suspension pay from 2021 in Vietnam?

What are regulations on suspension pay from 2021 in Vietnam?

Question: Regarding the issue of salary for stopping work, let me ask in case of having to suspend working, what is suspension pay according to the Labor Code 2019? Thank you!

Reply:

Article 99 of the 2019 Labor Code (Effective from January 1, 2021) stipulates:

In case of a suspension of work, the employee shall receive a suspension pay as follows:

1. If the suspension is at the employer’s fault, the employee shall be paid the full salary under the employment contract;

2. If the suspension is at the employee’s fault, the employee shall not receive the salary. If this leads to suspension of work of other employees in the same unit, they shall be paid an amount not smaller than the statutory minimum wages;

3. In case the suspension is caused by an electricity or water supply issue that is not at the employer’s fault, or by a natural disaster, fire, major epidemic, hostility, relocation requested by a competent authority, or for economic reasons, both parties shall negotiate the salary as follows:

a) If the suspension does not exceed 14 working days, the salary shall not fall below the statutory minimum wages;

b) If the suspension is longer than 14 working days, the salary shall be negotiated by 

What are regulations on suspension pay from 2021 in Vietnam? (Image from the Internet)

What is the National Salary Council from 2021 in Vietnam?

Question: Regarding the new Labor Code, let me ask: What is the National Salary Council from 2021 in Vietnam according to the 2019 Labor Code? Thank!

Reply:

Article 92 of the 2019 Labor Code (Effective from January 1, 2021) stipulates:

1. National Salary Council is an agency that provides counseling for the Government regarding statutory minimum wages and salary-related issues.

2. The Prime Minister shall establish the National Salary Council, whose members are representatives of the Ministry of Labor, War Invalids and Social Affairs, Vietnam General Confederation of Labor, some central employer representative organizations and independent experts.

3. The Government shall provide for functions, tasks and organizational structure of National Salary Council.

What are regulations on salaries from 2021 in Vietnam?

Question: Regarding the issue of salary in labor contracts, let me ask: What are regulations on salaries from 2021 in Vietnam according to the 2019 Labor Code? Thank!

Reply:

1. What is salary?

According to Article 90 of the 2019 Labor Code (Effective from January 1, 2021), the salary regulations are as follows:

- A salary is an amount the employer pays the employee under an agreement for a work performed by the latter. Salary equals (=) base salary plus (+) allowances and other additional amounts.

- The base salary must not fall below the statutory minimum wages.

- Employers shall pay salaries fairly without discrimination against genders of employees who perform equal works.

Thus, salary is the amount of money that the employer pays the employee according to the agreement to perform the job, including salary according to job or title, salary allowances and other additional payments in Vietnam.

2. What are statutory minimum wages?

- Statutory minimum wages are minimum wages of workers who do the simplest jobs in normal working conditions that are sufficient to support themselves and their families, and appropriate for socio-economic development.

- Statutory minimum wages per month or per hour vary according to regions.

- Statutory minimum wages shall be adjusted according to minimum living standards of workers and their families; the relation between statutory minimum wages and usual salaries; consumer price index, economy growth rate; labor supply and demand, productivity and financial capacity of enterprises.

- The Government shall elaborate this Article; decide and announce the statutory minimum wages on the basis of proposals of National Salary Council.

3. What is the current regional minimum wage?

Best regards!