Is it eligible to suspend employment contract if the employee is conscripted into the army in Vietnam?

Is it eligible to suspend employment contract if the employee is conscripted into the army in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Is it eligible to suspend employment contract if the employee is conscripted into the army in Vietnam?

According to Article 30 of the Labor Code 2019, cases of suspension of an employment contract:

- The employee is conscripted into the army or militia;

- The employee is held in custody or detention in accordance with the criminal procedure law;

- The employee is sent to a reformatory school, drug rehabilitation center or correctional facility;

- The female employee is pregnant as specified in Article 138 of the Labor Code 2019;

- The employee is designated as the executive of a wholly state-owned single-member limited liability company;

- The employee is authorized to representative the state investment in another enterprise;

- The employee is authorized to represent the enterprise’s investment in another enterprise;

- Other circumstances as agreed by both parties.

During the suspension of the employment contract, the employee shall not receive the salary and benefits specified in the employment contract, unless otherwise agreed by both parties or prescribed by law.

Thus, the employee who is conscripted into the army or militia will have their labor contracts postponed.

2. Reinstatement of employees upon expiry of the temporary suspension of the employment contract in Vietnam

Article 31 of the Labor Code 2019 stipulates that within 15 days from the expiry of the suspension period of the employment contract, the employee shall be present at the workplace and the employer shall reinstate the employee under the employment contract if it is still unexpired, unless otherwise agreed by both parties or prescribed by law.he concluded labor contract if the labor contract is still valid, unless otherwise agreed upon by both parties or otherwise provided by law.

3. What are the penalties for failing to reinstate the employee who returns to work after the suspension period of the employment contract in Vietnam?

According to Clause 2, Article 11, Decree 12/2022/ND-CP:

A fine ranging from VND 3.000.000 to VND 7.000.000 shall be imposed upon an employer for commission of one of the following violations:

- Placing employees in jobs at places other than the ones agreed in employment contracts, except for the cases specified in Article 29 in the Labour Code;

- Failing to reinstate the employee who returns to work after the suspension period of the employment contract if it is still unexpired, unless otherwise agreed by the employer and the employee or prescribed by law;

- Reassigning employees to perform works which are not specified in their employment contracts for improper reasons or for incorrect periods, or without written consent from employees as prescribed by law.

At the same time, the employer is also compelled to reinstate the employee who returns to work after the suspension period of the employment contract, unless otherwise agreed by both parties or prescribed by law, and pay salary to the employee for the period during which the employee was not allowed to work after the suspension period of the employment contract;

Nguyen Ngoc Que Anh

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