Ms. Nguyen Hai T. sent to Thu Ky Luat the following content for consultation: Currently, I am signing a labor contract with the kindergarten. During the time of the Corona epidemic, the school gave us more than 01 month off. I heard that during this time off, I will not receive a salary; is that correct?
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New regulations on excellent teacher exams from February 12, 2020
In response to the above question, THU KY LUAT advises as follows:
In cases where teachers are granted leave according to regulations for epidemic prevention, it is considered a temporary suspension of work as stipulated in Article 98 of the Labor Code 2012. Specifically:
Article 98. Wages during work suspension
In cases of work suspension, employees shall be paid as follows:
1. If the suspension is due to the fault of the employer, the employee will be paid in full;
2. If the suspension is due to the fault of the employee, they will not be paid; other employees in the same unit who must also suspend work shall be paid as agreed upon by both parties, but the rate shall not be lower than the regional minimum wage prescribed by the Government of Vietnam;
3. If the suspension is due to electricity or water issues or other objective reasons such as natural disasters, fires, dangerous diseases, enemy sabotage, relocation of operation locations as requested by a competent state authority or economic reasons, the wages during the suspension shall be agreed upon by both parties but shall not be lower than the regional minimum wage prescribed by the Government of Vietnam.**
Therefore, in the case of the teacher in question, being a contract teacher employed under a labor contract will apply the regulations in Article 98. This falls under the case of temporary work suspension due to the objective reason of a dangerous epidemic. The wages during the suspension period will be agreed upon by the teacher and the school, but for the month of suspension, the wages paid to the teacher must not be lower than the regional minimum wage prescribed by the government.
Note: This regulation does not apply to cases where teachers are public employees working under a work contract.
Lan Anh
