Draft of the amended Labor Code 2017 added cases where labor contracts can be temporarily suspended as well as regulations on the rights of employees during the period of temporary suspension of labor contracts.
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In addition to the 05 cases where the execution of the labor contract can be temporarily postponed according to the regulations in the Labor Code 2012, the 2017 Revised Draft Labor Code also adds 01 more case for the temporary postponement of the labor contract. Specifically:
- The worker goes to perform military service.- The worker is temporarily detained, held in custody according to the provisions of the criminal procedure law.- The worker must comply with the decision to apply the measure of sending to a reformatory school, mandatory detoxification center, or mandatory education center.- A female worker is pregnant according to the provisions of Article 156 of this Code.- The worker is in the period of filing a lawsuit against the employer at the court or is in the period of resolving labor disputes according to the provisions of this Code.- Other cases as agreed upon by both parties.
At the same time, the Draft clearly states the benefits of workers during the temporary postponement of the execution of the labor contract, such as the worker not being paid salary and benefits as agreed in the labor contract, except for cases where both parties have other agreements.
When the period of temporary postponement ends, the worker must be present at the workplace, and the employer must accept the worker back to work, except for cases where both parties have other agreements. This regulation is different from the current regulation; according to the Labor Code 2012, within 15 days from the end of the temporary postponement of the labor contract for the cases stipulated in Article 32 of this Code, the worker must be present at the workplace, and the employer must accept the worker back to work, except for cases where both parties have other agreements.
Additionally, the 2017 Revised Draft Labor Code also amends many other contents, such as:
- Only the people's court has the authority to declare a labor contract invalid (current regulations allow the labor inspectorate, besides the people's court, to have the authority to declare a labor contract invalid).- Specifically stipulated what constitutes vocational training, practice, and the conditions for employers to recruit apprentices and trainees.- Regulations on cases where wage deductions are allowed and not allowed.
