Here is the notable content in the Draft of the Amended Labor Code, expected to take effect from January 01, 2021.
Article table of contents
Illustrative Image
To be specific:, according to Article 31 of this Draft, employees are allowed to temporarily suspend their labor contracts in the following cases:
- Employees performing military service;
- Employees being temporarily detained or imprisoned as per the provisions of criminal procedural law;
- Employees complying with decisions on the application of measures to send them to youth education schools, compulsory detoxification centers, compulsory education centers;
- Pregnant female employees as stipulated in Article 140 of the Draft;
- Employees appointed by a competent state authority to manage an enterprise of a single-member limited liability company with 100% charter capital owned by the State; *
- Employees authorized in writing by the representative agency to exercise the rights and responsibilities of the state owner regarding the state's contributed capital in the enterprise; *
- Employees authorized in writing by the enterprise to exercise the rights and responsibilities of the enterprise regarding the enterprise's invested capital in another enterprise; *
- Other cases as agreed by both parties.
Thus, it can be seen that the Draft has added 3 more cases where labor contracts can be temporarily suspended compared to the current regulations in the Labor Code 2012. If this content in the Draft is approved, from January 01, 2021, there will be a total of 8 cases where employees are allowed to temporarily suspend their labor contracts.
Note: During the period of temporary suspension of labor contracts, employees are not paid wages and other agreed rights and benefits in the labor contract, unless otherwise agreed by both parties.
Nguyen Trinh
