Guideline on Employee Wages for Days of Both Working and Sick Leave

Anh Tu

15:12, 11/07/2024

This is a notable content regulated in Official Dispatch 4640/LDTBXH-BHXH recently issued by the Ministry of Labor, Invalids, and Social Affairs on November 2, 2018, in response to the petition of Alena Vietnam Shoe Co., Ltd. sent to the Vietnam Government web portal.

Accordingly, the Ministry of Labor, Invalids, and Social Affairs (MOLISA) has the following opinions, under the provisions of Clause 2, Article 186 of the Labor Code 2012:

“During the period when the employee is on leave and receiving social insurance benefits, the employer is not required to pay wages to the employee.”

Hence, in the case where an employee in the same day both works and takes sick leave benefits, the employer is not required to pay wages for the sick leave period. For the actual working hours of the employee, the employer must pay wages according to the stipulations of the law.

See details in Official Dispatch 4640/LD-TBXH-BHXH issued on November 2, 2018.

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