The Covid pandemic has had a significant impact on the economy of our country, some businesses, based on the request of state agencies, were forced to stop working. Regarding the payment of salary for termination of work in this case, what is the law, Hong Bang Law would like to consult as follows:

Legal basis

• Labor Code 2019
• Official Letter No. 264/QHLDTL-TL dated July 15, 2021, of the Ministry of Labor, War Invalids and Social Affairs on the payment of stoppage wages to employees during the period of cessation of work.

Determining the payment of stoppage pay when stopping work due to the Covid-19 epidemic

• Grounds for determining the payment of stoppage pay: According to the provisions of Article 99 of the Labor Code 2019, the cause of the cessation of work must be considered. If the termination is due to the fault of the employer, the employer does not have to pay wages.
• In case the employee has to stop working due to the direct impact of the Covid-19 epidemic, such as: (i) the employee has to stop working during the quarantine period at the request of the competent authority; (ii) the employee has to stop working due to the blockade of the place of work or residence at the request of the competent authority; (iii) employees have to stop working because the enterprise or business division has to suspend operations for disease prevention and control at the request of the competent authority; (iv) the employee has to stop working because the enterprise or part of the enterprise cannot operate. because the employer or other employees of the same enterprise or part of the enterprise is in quarantine or If the employee has not returned to work, the salary of the employee during the period of cessation of work shall comply with Clause 3, Article 99 of the Labor Code, specifically:

• • In case of stopping work for 14 working days or less, the agreed-upon stoppage salary is not lower than the minimum wage.
  • In case of having to stop working for more than 14 working days, the salary for stopping work shall be agreed upon by the two parties but must ensure that the salary for stopping work in the first 14 days is not lower than the minimum salary.

• The regional minimum salary in 2021 is regulated as follows:

• • Enterprises operating in the area of Region I: 4,420,000 VND/month.
  • Enterprises operating in the area of Region II: VND 3,920,000/month.
  • Enterprises operating in the area of Region III: 3,430,000 VND/month.
  • Enterprises operating in the area of Region IV: 3,070,000 VND/month.

Our services

Hong Bang Law Firm has consulted and supported many businesses in labor relations. The services Hong Bang Law Firm provides are as follows:

• Regular legal advice on labor relations, insurance
• Consulting and evaluating labor contracts, labor rules, other internal documents of the enterprise
• Consulting on drafting labor contracts, labor rules, and other internal regulations of the enterprise
• Consulting on labor dispute resolution, labor discipline.

If you need more detailed advice and answers as well as how to access this service, please contact directly the Deputy Director of Sales: Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace, and success!

Best regards!