Decree 148: Time Limit for Settlement of Benefits for Parties upon Termination of Labor Contracts

19:17, 11/07/2024

This is newly added content in Decree 148/2018/ND-CP amending and supplementing a number of articles of Decree 05/2015/ND-CP detailing and providing guidance on the implementation of certain contents of the Labor Code 2012.

Within a period of 07 working days, from the date of termination of the labor contract, both the employer and the employee are responsible for fully settling all amounts related to the rights and benefits of each party. In exceptional cases, the payment period may be extended but no more than 30 days, from the date of termination of the labor contract. These cases include:

- The employer is an entity rather than an individual;- The employer or the employee encounters natural disasters, fires, hostilities, or dangerous infectious diseases;- The employer undergoes restructuring, technological changes, or economic reasons according to Article 44 of the 2012 Labor Code or mergers, consolidations, splits, separations of enterprises, cooperatives, transfers of ownership, or use rights of assets as per Article 45 of the Labor Code.

Additionally, this Decree also supplements new regulations regarding the salary basis for compensation when unilaterally terminating the labor contract illegally, which is the salary according to the labor contract at the time the employer or the employee unilaterally terminates the labor contract illegally.

See more amendments and supplements at: Decree 148/2018/ND-CP effective from December 15, 2018.

- Nguyen Trinh -

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