Before the complicated development of the COVID-19 pandemic, an increasing number of employees were being suspended from work due to the requirement of self-quarantine at home when returning from affected areas or coming into contact with people who had traveled from affected areas, as requested by the health authorities. Many employees in Vietnam are concerned and unsure whether they will receive their salary during the period of suspension from work.
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Employees who self-quarantine at home to prevent the spread of COVID-19 in Vietnam will still be entitled to receive salary (Internet image)
Regarding this issue, previously, the Ministry of Labor, War Invalids and Social Affairs issued Official Dispatch 1064/LDTBXH-QHLDTL in 2020 on payment of wages and benefits for employees during work suspension due to Covid-19 pandemic. Based on the content of the above dispatch:
- Suspension pay shall be determined in accordance with Article 98 of the Labor Code, with consideration taken of the causes of work suspension (at the employer’s or employee’s fault or for an objective reason).
- For employees who are suspended due to direct impacts of Covid-19 pandemic such as:
(i) employees who are not allowed to return to work as requested by competent authorities;
(ii) employees who are suspended from work during quarantine as requested by competent authorities;
(iii) employees who are suspended from word because their employer is being quarantined or other employees in the same enterprise or department are being quarantined or not allowed to return to work
- Enterprises that cannot provide adequate employment due to supply shortage or market reduction may temporarily reassign the employees against their employment contracts in accordance with Article 31 of the Labor Code; In case an employer is not able to pay the suspended employees due to prolonged work suspension, they may reach an agreement on suspension of the employment contracts in accordance with Article 32 of the Labor Code; Employers that have to scale down shall implement regulations of Article 38 or Article 44 of the Labor Code.
On the other hand, Clause 3, Article 98 of the Labor Code 2012 stipulates as follows:
If due to power or water incidents rather than the fault of the employer, employees or for other objective reasons such as natural calamity, fire, dangerous epidemic, enemy sabotage, relocation of the operation place upon request of a competent state agency, or for economic reasons, the wage for work suspension must be agreed by the two parties but must not be lower than the regional minimum wage stipulated by the Government.
Thus, if, due to the impact of the Covid-19 epidemic, employees must self-isolate at the request of the competent authority, they will still be paid. The specific salary is agreed upon by both parties but must not be lower than the regional minimum wage issued by the state.
More details can be found in Official Dispatch 1064/LDTBXH-QHLDTL issued on March 25, 2020.
