The situation of the Covid-19 epidemic has forced some businesses to downsize their business activities, so employees have to take unpaid leave for a long time. However, due to social distancing, the company only texted the employee to temporarily suspend the performance of the labor contract, but did not make a document as prescribed. Therefore, do employees receive support money due to the impact of Covid-19 in these cases?
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In Vietnam, does an unpaid leave agreement via text message receive Covid-19 support?
According to Article 15 of Vietnam's Decision 23/2021/QD-TTg stipulating the implementation of a number of policies to support employees and employers facing difficulties due to the COVID-19 pandemic without pay for 15 consecutive days or more, need to prepare an application for support including the following documents in order to enjoy the support from the Provincial People's Committee:
- A copy of an agreement on suspension of employment contract or unpaid leave.
- A list of employees confirmed by the social security agency using the Form No. 05 in the Appendix hereto.
- A certified copy or a copy with original for comparison of one of the following: Proof of pregnancy; birth certificate or certificate of live birth of the child; adoption certificate; decision on raising and taking care of children of the competent authority issued to the entities prescribed in clause 2 Article 14 hereof.
On the other hand, Official Dispatch 2558/LDTBXH-VP dated August 5, 2021 of the Ministry of Labor, War Invalids and Social Affairs of Vietnam stipulates the composition of application for support for employees who suspend the performance of labor contracts, leave without pay then:
- If the employer and employee have a written agreement to suspend the performance of the labor contract or take unpaid leave, a written agreement shall be used.
- If epidemic or force majeure causes cannot be agreed upon in writing, the employer and employee may agree in other forms (via phone, text message, email. ..). The employer shall specify the method of agreement in the column "Notes" in Form No. 05 attached to Decision 23/2021/QD-TTg and take responsibility for the accuracy of the content of the agreement when there is an agreement on the suspension of the performance of the labor contract or unpaid leave between the two parties.
Therefore, in case the employee leaves without pay but only receives the notice of unpaid leave agreement via text message, that message can be used instead of the written agreement on unpaid leave to be submitted together with the application file and still receive the support money.
The amount of support is VND 1,855,000/person for employees who suspend the performance of labor contracts or take unpaid leave from 15 consecutive days or more to less than 01 month (30 days); and 3,710,000 VND/person for employees who suspend the performance of labor contracts or take unpaid leave from 01 month (30 days) or more.
Bao Ngoc
