I want to know if support for workers who have reduced working hours or lost their jobs will continue to be provided at a level of 1–3 million VND. – Dang Khoa (Khanh Hoa)
Decision 7785/QD-TLD on continuing support for unemployed workers of 1-3 million VND in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
On August 25, 2023, the Vietnam General Confederation of Labor issued Decision 7785/QD-TLD on amendments to the regulation issued together with Decision 6696/QD-TLD dated january 16, 2023 of the presidium of the vietnam general confederation of labour regarding support granted to trade unionists and employees subject to reduced working hours or labor contract termination as a result of their employers’ cancellation or reduction of purchase orders
Specifically, the implementation of policies to support trade union members and workers whose working hours are reduced or labor contracts terminated due to businesses being cut off or orders reduced on August 25, 2023, will be regulated. determined as follows:
- For workers whose working hours are reduced or stopped, trade union members are supported at 1 million VND per person, while workers who are not union members are supported at 700,000 VND per person.
- For cases of temporary suspension of labor contracts or unpaid leave, union members are supported at 2 million VND per person, and employees are supported at 1.4 million VND per person.
- In case of termination of the labor contract but not eligibility for unemployment benefits, trade union members are supported at 3 million VND per person, and employees are supported at 2.1 million VND per person.
The support period is from April 1, 2023, to December 31, 2023. The deadline for receiving applications is January 31, 2024, at the latest. The deadline to complete support procedures is March 31, 2024, at the latest.
If a trade unionist or employee who is subject to reduced working hours or labor contract termination as a result of their employers’ cancellation or reduction of purchase orders from October 1, 2022 to the end of March 31, 2023 submits an application to the superior trade union after March 31, 2023 but the application has not been verified or the support has not been granted, the superior trade union shall continue to review the application and make a decision on whether or not to grant the support.
Previously, Decision 6696/QD-TLD prescribes implementation of support policies granted to trade union members (trade unionists) and employees who work reduced hours; are furloughed; are subject to temporary suspension from execution of their labor contracts; are forced to take unpaid leave; are subject to termination of their labor contracts when enterprises or cooperatives are afflicted with cancellation or reduction of purchase orders during the period from October 1, 2022 to end of March 31, 2023. |
Support for employees who have reduced working hours or lost their jobs from August 25, 2023 must comply with the principles specified in Decision 7785/QD-TLD, specifically as follows:
(1) A trade unionist or employee may apply for the above-mentioned support policy if they meet the following requirements: they were working under a labor contract at the time of application submission and they were on the employer’s payroll for at least 30 days before the start date of reduced hours, furlough, suspension of labor contract, or unpaid leave.
A trade unionist or employee who has their labor contract terminated while being ineligible for unemployment insurance may apply for the above-mentioned support policy if they were on the employer’s payroll for at least 90 days before the termination date (or at least 88 days if the termination date is April 1, 2023 or later).
(2) The trade unionist or employee shall be paid a one-time support in cash or by wire transfer.
(3) Trade unionists and employees may only receive one-time support from each policy for which they are eligible. A trade unionist or employee may receive all support levels, including the difference between them, if they are eligible for all policies.
If it is not possible to verify whether a trade unionist or employee has received support from a policy, they must provide a statement confirming whether or not they have received support from that policy (form No. 08 hereto appended).
(4) If a trade unionist or employee who is subject to reduced working hours or labor contract termination as a result of their employers’ cancellation or reduction of purchase orders from October 1, 2022 to the end of March 31, 2023 submits an application to the superior trade union (the trade union that is superior to their grassroots trade union) after March 31, 2023 but the application has not been verified or the support has not been granted, the superior trade union shall continue to review the application and make a decision on whether or not to grant the support.
(5) The deadline for granting support to trade unionists and employees is March 31, 2024.
(6) Organizations and individuals shall be strictly forbidden from committing acts of abusing the support policy prescribed herein to gain personal benefits. In case where there is any violation, based on the nature and extent of violation, violating entities and persons shall be disciplined or subject to administrative penalties or the criminal prosecution process under law.”
Decision 7785/QD-TLD takes effect on August 25, 2023.
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