Draft Version of the Amended Labor Code 2019 is being submitted by the Ministry of Labor, Invalids, and Social Affairs for public comment. One of the important amendments in this Draft is the regulation on the employer's responsibility for wage payment.
Article table of contents
Enterprises must notify the payroll statement when paying wages to employees
The draft regulation stipulates that each time wages are paid, the employer must notify employees of the payroll statement, which clearly states:
- Basic salary;- Payments for overtime and other allowances (if any);- Deductions as prescribed by this Code.
Employers pay employees based on the salary agreed upon in the labor contract, the productivity, and the quality of work completed by the employee.
Salaries are agreed upon and paid in Vietnamese Dong (VND), except in the case of payment to non-residents or resident foreigners as prescribed by foreign exchange regulations.
Regarding the form of wage payment, employers and employees can agree on payment by time, product, or package.
The agreed form of wage payment must be maintained for a certain period; if there are any changes, the employer and employee must agree again to determine the new form of wage payment.
Regarding the wage payment period, the Draft retains the current regulation, according to which, employees paid by the hour, day, or week will be paid after the working hour, day, or week or can be paid in a lump sum agreed upon by both parties, but at least every 15 days a lump sum must be paid.
Employees paid monthly will be paid once a month or once every half month.
Note: The time of wage payment is agreed upon by both parties and must be fixed at a specific time.
As for employees paid by the product or package, the salary will be paid as agreed by both parties; if the work needs to be done over many months, then a monthly advance payment based on the amount of work completed within the month will be made.
Regarding the principle of wage payment, employers must pay wages directly to employees. In cases of force majeure where direct payment is not possible, wages can be paid to a person legally authorized by the employee.
At the same time, employers must ensure that employees are paid fully and on time.
Employers must not restrict or interfere with employees' rights to decide on their wage spending; they must not use force or deceitful measures to force employees to spend their wages on purchasing goods or services sold by the employer or the unit appointed by the employer.
- Nguyen Trinh -
