Suspension from work is considered a form of temporarily halting an employee's work during the process of reviewing and handling labor discipline. So, what benefits does the employee receive during the work suspension period?
Article table of contents
What benefits do employees receive in case of work suspension in Vietnam? (Illustrative image)
When is an employee suspended from work in Vietnam?
According to the provisions of Clause 1, Article 129 of the Labor Code 2012, the employer has the right to suspend the work of the employee when the violation involves complicated details, and if allowing the employee to continue working would cause difficulties in verification. The suspension of work can only be carried out after consulting with the organization representing the collective labor at the facility.
Additionally, according to Clause 2, Article 129 of the Labor Code 2012, the period of suspension should not exceed 15 days, and in special cases, not exceed 90 days.
Thus, based on the above provisions, the enterprise has the right to suspend the work of the employee when their violation involves complicated details and if allowing them to work would make verification difficult. However, the suspension can only be implemented after consulting with the local labor union. The period of suspension must not exceed 15 days, and in special cases, must not exceed 90 days (in cases directly related to finances, assets, technological secrets, or business secrets).
It is clear that the suspension of work aims solely at investigating and verifying the complicated violation details by the employee for a swift and accurate handling of labor discipline, and ensuring fair compensation for the employee. It is also important to note that the suspension can only be implemented after consulting with the local labor union. If the enterprise does not have a local labor union, the suspension will be based on an agreement in the labor contract or the enterprise's labor regulations.
What benefits do employees receive during work suspension in Vietnam?
Based on Clauses 2, 3, and 4, Article 129 of the Current Labor Code, the benefits for employees during suspension are as follows:
- When a decision for suspension is made, the employee is entitled to an advance payment of 50% of the salary before the suspension. (Note: The advance salary before the suspension is the salary according to the labor contract of the month immediately preceding the suspension).
- Upon the expiration of the suspension period, the employer must reinstate the employee to work.
- If the employee is subject to labor discipline, they are not required to repay the 50% advanced salary.
- If the employee is not subject to labor discipline, the employer must pay the full salary for the suspension period.
Thus, according to the above provisions, the employee is entitled to receive 50% of the salary according to the labor contract of the month immediately preceding the suspension. Furthermore, if, after the enterprise's conclusion, the employee is found to have violated the regulations and is disciplined, they are not required to repay the 50% advanced salary. In cases where the violation cannot be proven, the enterprise must reinstate the employee and pay the remaining 50% salary for the suspension period.
Additionally, if the employee finds the suspension decision by the enterprise unreasonable, they have the right to file a complaint with the enterprise or the competent authority in accordance with the law.
Ty Na
- Key word:
- work suspension
- work suspension in Vietnam
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