IS EMPLOYER SUSPENDED BY THE TRANSACTION OF COVID-19?

From the beginning of 2020 to now, the raging Covid 19 disease has greatly affected the lives of people and businesses. Prolonged epidemics caused many businesses to suffer due to lack of raw materials, many workers had to carry out isolation, … Under these circumstances, many businesses have to narrow, suspend production, leading to many workers. labor suspension, job loss. So, “Are workers temporarily suspended from work due to the Covid 19 epidemic?”, The article below, the lawyer would like to answer this question.

On March 25, 2020, the Ministry of Labor, War Invalids and Social Affairs issued Official Letter No. 1064 / LDTBXH-QHLĐTL providing guidance on wage payment for job discontinuation and settlement for employees during the period of job-related stoppage. Covid-19. Accordingly, businesses implement the following:
The payment of severance pay shall be based on the provisions of Article 98 of the Labor Code to consider cases of work stoppage (due to the fault of the employer or the employee or due to objective causes). Payment of severance pay to employees:
“Article 98. Wage stopped work
In case of suspension of employment, the employee is paid as follows:
…
3. If it is due to an incident of electricity or water that is not the fault of the employer or the employee or for other objective reasons such as natural disasters, fires, dangerous epidemics, enemy sabotage or relocation operation points at the request of competent state agencies or for economic reasons, the job-stopping wage shall be agreed upon by the two parties but must not be lower than the regional minimum wage level prescribed by the Government. ”

Accordingly, in cases where the employee (employee) has to leave his / her job due to an objective reason, not due to the fault of the employee and the employer, the employee is still entitled to the salary and the salary agreed by both parties but not lower than regional minimum wage.
Thus, in the case of an employee who has to stop working due to the direct impact of the Covid-19 epidemic, such as: (i) the worker is a foreigner during the period of not returning to the enterprise to work at the request of Covid-19 competent authorities; (ii) the employee has to stop working during the quarantine period at the request of the competent authority; (iii) the employee has to stop working because the enterprise or the enterprise division is inoperable because the employer or other workers in the same enterprise or division are in the period of isolation or If he / she has not returned to the working enterprise, the employee’s salary during the period of suspension shall comply with Clause 3, Article 98 of the above Labor Code.
In case the enterprise meets with difficulties in material sources and the market leads to not having enough jobs, the employer may temporarily transfer the employee to work for other jobs compared to the labor contract. the provisions of Article 31 of the Labor Code; if the prolonged period of job stoppage affects the solvency of the enterprise, the employer and the employee may agree to postpone the performance of the labor contract in accordance with Article 32 of the Labor Code; If the enterprise has to narrow its production, leading to a reduction in the working place, the labor arrangement shall comply with Article 38 or 44 of the Labor Code.

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