This is one of the notable contents in the Labor Code 2012 and is currently being amended and supplemented in the Draft Revised Labor Code, which is expected to take effect from January 01, 2021.
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Specifically, according to the amended and supplemented content in the Draft, within 15 days from the expiration date of the temporary suspension of the labor contract, the employee must be present at the workplace and the employer must reinstate the employee to the job position as per the signed labor contract for cases eligible for temporary suspension as stipulated, unless otherwise agreed by both parties. (The Draft clearly stipulates the employer's responsibility to reinstate the employee to the exact position agreed upon in the labor contract, whereas the current regulation only generally states that the employer must reinstate the employee without specifying the exact former job.)
In cases where the job position in the signed labor contract cannot be arranged, both parties may agree on a new job position and make amendments or supplements to the signed labor contract or enter into a new labor contract. (This content is not stipulated in the Labor Code 2012, but has been stipulated in Decree 05/2015/ND-CP and has now been supplemented in the Draft).
It can be seen that the Draft continues to inherit the provisions of the Labor Code 2012 while also supplementing new provisions to legalize the previous regulations in Decree 05/2015/ND-CP.
Nguyen Trinh
