Latest update on conditions to support workers facing difficulties due to COVID-19 in Vietnam

Latest updates on conditions to support workers facing difficulties due to COVID-19 (Illustration image)

According to the Decision, employees facing difficulties due to COVID-19 are supported when they fully meet the following conditions:

** For Vietnamese employees who are suspended from performing their labour contracts, taking unpaid leave

According to the new regulations of Vietnam, employees working under labor contracts must suspend the performance of labor contracts or take unpaid leave due to one of the following cases:

- Having to be treated for COVID-19, medical isolation, in blocked areas, unable to go to the workplace due to the request of competent state agencies for epidemic prevention and control.

- Due to the employer's suspension of operation in whole or in part at the request of a competent state agency to prevent and control the COVID-19 epidemic; or has its head office, branch, representative office, ... in the area implementing Directive 16/CT-TTg; or apply measures of inactivity/deactivation/limited operation/conditional operation in accordance with Resolution 128/NQ-CP of Vietnam; or rearrange production and labour for epidemic prevention and control;

(Previously, it was stipulated that employees working at enterprises, cooperatives, public non-business units must cover their own recurrent expenses or investment and recurrent expenditures, people-founded and private educational institutions at the level of preschool, kindergarten, primary school, junior high school, high school, and vocational education must suspend operations at the request of competent state agencies to prevent and control the COVID-19 epidemic)

Support will be provided when the following conditions are met:

- Suspending the performance of the labour contract, taking unpaid leave during the term of the labour contract, from 15 consecutive days or more, from May 1, 2021 to the end of December 31, 2021 and the start of the suspension and unpaid leave from May 1, 2021 to December 31, 2021.

- Being participating in compulsory social insurance in the month the employee suspends the labour contract, takes unpaid leave or the month immediately preceding the time the employee suspends the performance of the labor contract or takes unpaid leave (Previously, it was only specified in the month immediately preceding the time when the employee suspends the performance of the labour contract or takes unpaid leave).

** For Vietnamese employees who are suspended from work

First condition:

- Working under the labour contract regime is stopped for reasons according to Clause 3, Article 99 of the Labor Code of Vietnam (because of electricity and water problems that are not due to the fault of the employer or due to natural disasters, fires, epidemics, etc.) dangerous, hostile sabotage, relocate the operation located at the request of a competent state agency or for economic reasons);

And in one of the following cases:

+ Having to be treated for COVID-19, medical isolation, in blocked areas or unable to go to the workplace due to the request of a competent state agency;

+ Because the employer has to temporarily suspend operations in whole or in part at the request of a competent state agency to prevent and control the COVID-19 epidemic or has a head office, branch or representative office, Production and business locations in the locality shall take measures to prevent and control the epidemic according to the principles of Directive 16/CT-TTg of Vietnam or apply measures to inactivate/stop operating/limited/operated working with conditions/limited and conditional activities as prescribed in Resolution 128/NQ-CP or redeploying production and labour to prevent and control the COVID-19 epidemic for 14 consecutive days or more during the period from May 1, 2021 to the end of December 31, 2021.

(Previously, Decision 23/2021 stipulates that employees working under the labour contract regime are suspended under Clause 3, Article 99 of the Labor Code of Vietnam and are subject to medical isolation or in locked-down areas at the request of competent state agencies for 14 days or more during the period from May 1, 2021 to the end of December 31, 2021.)

Second condition:

Participating in compulsory social insurance (named on the list of participating in compulsory social insurance of the social insurance agency) in the month the employee stops working or in the month immediately preceding the time the employee stops working.

(Previously, it was only regulated that participants were participating in compulsory social insurance in the month preceding the month the employee stopped working).

** For Vietnamese employees whose labour contracts are terminated but are not eligible for unemployment benefits

According to the new regulations, employees work under one of the following cases:

- Having to be treated for COVID-19, medical isolation, in blocked areas, unable to go to the workplace due to the request of competent state agencies for epidemic prevention and control.

- Due to the employer's suspension of operation in whole or in part at the request of a competent state agency to prevent and control the COVID-19 epidemic; or has its head office, branch, representative office, ... in the area implementing Directive 16/CT-TTg; or apply measures of inactivity/deactivation/limited operation/conditional operation in accordance with Resolution 128/NQ-CP; or rearrange production and labour for epidemic prevention and control;

(Previously, it was stipulated that employees working at enterprises, cooperatives, public non-business units must cover their own recurrent expenses or investment and recurrent expenditures, people-founded and private educational institutions at the educational level. preschools, kindergartens, primary schools, junior high schools, high schools and vocational schools must stop operating at the request of competent state agencies to prevent and control the COVID-19 epidemic).

Stopping work from May 1, 2021 to the end of December 31, 2021 will be supported when the following conditions are met:

(1) Being participating in compulsory social insurance (named on the list of participating in compulsory social insurance of the social insurance agency) in the month the employee terminates the labour contract or in the month immediately preceding the time the employee terminates the labour contract. (Previously, it was only regulated that participants were participating in compulsory social insurance in the month preceding the month the employee stopped working).

(2) Terminate the labour contract from May 1, 2021 to the end of December 31, 2021 but is not eligible for unemployment benefits, except for the following cases: The employee unilaterally terminates the labour contract illegally; monthly pension and allowance for loss of working capacity.

Bao Ngoc

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