What are the fines imposed on enterprises for failing to reinstate the employee who returns to work after conscription in Vietnam?

What are the fines imposed on enterprises for failing to reinstate the employee who returns to work after conscription in Vietnam?

Pursuant to Article 31 of the Labor Code in 2015 stipulating 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.

Pursuant to Clause 2.b and 5.b, Article 11 of the Decree 12/2022/NĐ-CP stipulating violations against regulations on performance of employment contracts as follows:

2. A fine ranging from VND 3.000.000 to VND 7.000.000 shall be imposed upon an employer for commission of one of the following violations:

b) Failing to reinstate the employee who returns to work after the suspension period of the employment contract if it is still unexpired, unless otherwise agreed by the employer and the employee or prescribed by law;

5. Remedial measures

b) The employer that commits the violation specified in Point b Clause 2 of this Article is compelled to reinstate the employee who returns to work after the suspension period of the employment contract, unless otherwise agreed by both parties or prescribed by law, and pay salary to the employee for the period during which the employee was not allowed to work after the suspension period of the employment contract;

Pursuant to Clause 1 Article 6 of the Decree 12/2022/NĐ-CP stipulating as follows:

1. The fines for administrative violations prescribed in Chapter II, Chapter III and Chapter IV of this Decree shall be imposed upon violating individuals, except the fines in Clauses 1, 2, 3, 5 Article 7, Clauses 3, 4, 6 Article 13, Clause 2 Article 25, Clause 1 Article 26, Clauses 1, 5, 6, 7 Article 27, Clause 8 Article 39, Clause 5 Article 41, Clauses 1 through 12 Article 42, Clauses 1 through 8 Article 43, Clauses 1 through 6 Article 45, Clause 3 Article 46 of this Decree. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.

As regulations above, the employer shall reinstate the employee under the employment contract if it is still unexpired.

A fine ranging from VND 6.000.000 to VND 14.000.000 shall be imposed on enterprises for failing to reinstate the employee who returns to work after conscription in Vietnam. The employer is compelled to reinstate the employee.

Are employees working in state-owned enterprises entitled to full salary for the period of medical examination for military service in Vietnam?

Pursuant to Clause 10 Article 58 of the Decree 145/2020/NĐ-CP stipulating time periods included in paid working hours as follows:

10. Time spent on registration and medical examination for military service if the employees are paid for as prescribed by military service laws.

Pursuant to Clause 1 Article 12 of the Decree 13/2016/NĐ-CP stipulating as follows:

1. Citizens who are working at agencies or organizations receiving salaries from the state budget, state enterprises during the period of medical examination and examination at the call of the commander of the district-level military command are entitled to their full salary, current allowances and fare for traveling and returning according to the current regulations of law.

As regulations above, employees working in state-owned enterprises are entitled to full salary for the period of medical examination for military service in Vietnam.

Is it permissible for employees to enjoy salary advances before joining military service in Vietnam?

Pursuant to Article 101 of the Labor Code in 2015 stipulating salary advances as follows:

1. An employee may receive an interest-free salary advance in accordance with conditions agreed on by the two parties.

2. The employer must make the advance payment to the employee for the number of days the employee temporarily leaves his/her work in order to perform duties of citizens for a period of 01 week or longer, but the advance shall not exceed 01 month’s salary. The employee must reimburse the advance.

An employee who is conscripted in accordance with the Law on Conscription may not receive salary advance.

3. When taking annual leave, an employee shall receive an advance payment of at least salary for the entitled days of leave.

As regulations above, an employee who is conscripted may not receive salary advance.

Best regards!