Employees Rehired by the Company Upon Completion of Military Service Obligations

Lê Hải

08:02, 11/07/2024

This is the content mentioned in Clause 1, Article 32 of the 2012 Labor Code, which stipulates cases where the performance of labor contracts may be temporarily suspended.

In cases where an employee is currently working but is notified to perform military service, the labor contract will be temporarily suspended. The period of suspension of the contract terminates when the employee completes their military service and returns to work at the company.

Additionally, pursuant to Article 10 of Decree 05/2015/ND-CP, the employee is required to report back to the workplace within 15 days from the end date of the suspension of the labor contract, and the employer must accept the employee back to work.

Furthermore, the employer has the responsibility to arrange for the employee to perform the tasks as stipulated in the signed labor contract. If it is not possible to provide the work agreed upon in the labor contract, the two parties will negotiate new tasks and proceed to amend and supplement the existing labor contract or enter into a new labor contract.

Apart from the case of participating in military service, employees are also entitled to temporarily suspend the execution of the labor contract in several other cases as provided in Clause 1, Article 32 of the Labor Code 2012.

Article 32. Cases of Temporary Suspension of Labor Contracts

1. Employees going for military service;

2. Employees being held in custody or temporary detention in accordance with the provisions of criminal procedure laws;

3. Employees complying with decisions to apply measures to send them to reformatory schools, mandatory rehabilitation centers, mandatory education centers;

4. Female employees who are pregnant according to the provisions of Article 156 of this Code;

5. Other cases as agreed upon by both parties.

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