Vietnam: Employees may lose their jobs if they do not agree to implement "3 on-the-spot"

Bao Ngoc

08:59, 27/08/2021

On August 25, 2021, the Ministry of Labour, Invalids and Social Affairs of Vietnam issued Official Dispatch 2844/LDTBXH-PC on difficulties in policy implementation.

According to Vietnam's Official Dispatch 2844/LDTBXH-PC, the Ministry of Labour, Invalids and Social Affairs of Vietnam guides as follows:

Enterprises are allowed to operate when they meet the conditions "3 on the spot" and "any enterprise that cannot meet the requirements must suspend production".

For enterprises that organize production according to the motto "3 on the spot" but some employees do not agree with the plan of stay according to the request of "3 places" of the enterprise, the employees and the enterprise agree to determine in one of the following ways:

- Enterprises allow employees to stop working and pay stoppage wages to employees according to Clause 3, Article 99 of the Labor Code. Employees are supported with the policy of stopping work when they fully meet the conditions under Chapter V (Articles 17 to 20) of Vietnam's Decision 23/2021/QD-TTg.

- Agree with the employee to suspend the labor contract under Point h, Clause 1, Article 30 of the Labor Code or the two parties agree to take unpaid leave according to Clause 3, Article 145 of the Labor Code.

- Other cases as prescribed by labor law such as: agreement on termination of labor contract under Clause 3, Article 34 of the Labor Code; exercise the right to unilaterally terminate the labor contract with the employee according to Point c, Clause 1, Article 36 of the Labor Code.

Vietnam's Official Dispatch 2844/LDTBXH-PC was issued on August 25, 2021.

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