What are the benefits of employees upon suspension of employment contracts in Vietnam?

Lawyer Sa Thi My Hanh, YouMe Law Firm answers:

Article 32 of the Labor Code 2012 provides for cases of suspension of employment contracts in Vietnam including:

Employees performing military service; employees being held in custody or detention in accordance with the provisions of criminal procedure law; employees must comply with decisions to apply measures to send to reformatory schools, compulsory drug rehabilitation centers, or compulsory education centers; pregnant female workers with certification from a competent medical examination and treatment facility that continuing to work will adversely affect the fetus; other cases agreed upon by both parties.

Article 33 of the Labor Code 2012 provides for the reinstatement of employees after the expiration of the suspension of employment contracts in Vietnam as follows:

Within 15 days from the expiry date of the suspension of employment contracts for the cases specified in Article 32 of this Code, employees must be present at the workplace and the employer (enployers) must reinstate the employees, except where both parties have other agreements.

According to the provisions of Article 10 of the Decree 05/2015/ND-CP of the Dovernment of Vietnam detailing and guiding the implementation of a number of contents of the Labor Code, the reinstatement of employees after the expiration of the suspension of employment contracts in Vietnamas prescribed in Article 33 of the Labor Code is specified as follows:

1. Within 15 days from the expiry date of the suspension of employment contracts, employees must be present at the workplace and enployers must reinstate the employees. In case the employees cannot be present at the workplace within the prescribed time limit, the employees must agree with the enployers on the time of arrival.

2. enployers is responsible for arranging work for employees as in the signed employment contracts; in case the work in the signed employment contracts cannot be arranged, both parties shall agree on new work and amend, supplement the signed employment contracts or sign a new employment contracts.

Thus, there is no provision of the law regarding what policies the laborer will be entitled to during the suspension of the labor contract.

According to Vietnam Law Electronic Newspaper

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