Guidance on procedures for support for employees on unpaid leave due to Covid-19 in Vietnam

Guidance on procedures for support for employees on unpaid leave due to Covid-19 in Vietnam (Illustrative image)

According to the regulations in Decision 1326/QD-LDTBXH and Item 1 Article 1 of Decision 32/2020/QD-TTghttps://lawnet.vn/vb/quyet-dinh-32-2020-qd-ttg-sua-doi-quyet-dinh-ho-tro-nguoi-dan-kho-khan-do-covid-19-6f46e.html dated October 19, 2020, which amended and supplemented Item 3 Article 1 of Decision 15/2020/QD-TTg, employees suspending the implementation of employment contracts or taking unpaid leave due to the impact of Covid-19 in Vietnam will be supported by the state if they meet the following conditions:

- The period of suspension of the labor contract or unpaid leave within the term of the labor contract is at least one continuous month from April 1, 2020, to June 30, 2020, and the starting date of suspension or unpaid leave is from April 1, 2020, to June 1, 2020;

- They are participating in compulsory social insurance up to the time immediately before suspending the labor contract or taking unpaid leave.

- They work at enterprises, non-public education institutions, private education institutions, or self-financed public education institutions at the preschool, kindergarten, elementary, junior high, and senior high school levels that do not have revenue or financial resources to pay salaries (after using salary reserve funds, post-tax profits, and other legitimate financial sources of the enterprise or educational institution) due to the impact of the Covid-19 pandemic.

Thus, if employees suspend the implementation of employment contracts or take unpaid leave and fully meet the above conditions, the enterprises or educational institutions must prepare a List of Employees suspending employment contracts or Taking Unpaid Leave to submit to the district-level People's Committee and the provincial People's Committee for approval of the List and support funding.

Therefore, Decision 1326/QD-LDTBXH has guided the procedures for supporting employees suspending employment contracts or taking unpaid leave due to the Covid-19 pandemic in Vietnam as follows:

Step 1: Enterprises or educational institutions prepare the List of Employees suspending employment contracts or Taking Unpaid Leave ensuring the conditions prescribed. Specifically, the dossier includes:

- List of Employees suspending employment contracts or Taking Unpaid Leave according to Form No. 01 issued with Decision 15/2020/QD-TTg;

- Copy of the agreement on suspending the labor contract or taking unpaid leave;

- Copy of the financial statements for 2019, first quarter of 2020, and other financial proof documents of the enterprise.

After preparing the List of Employees suspending employment contracts or Taking Unpaid Leave, enterprises or educational institutions must request the local union (if any) and the social insurance agency to confirm the List;

Step 2: Within 03 working days from the date of receiving the List as requested by the enterprise or educational institution, the social insurance agency confirms the participation in social insurance of the employees as prescribed and sends it to the enterprise or educational institution;

Step 3: Enterprises or educational institutions send the application dossier directly or by post or online to the district-level People's Committee where the headquarters is located. Within 03 working days from the date of receiving the complete dossier, the district-level People's Committee appraises and submits it to the provincial-level People's Committee;

Step 4: Within 02 working days from the date of receiving the complete dossier, the Chairman of the provincial-level People's Committee issues a decision to approve the List and the support funding; and directs the implementation of the support payments.

Ty Na

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