Scribd
Upload
54 views5 pages

Lưu Vũ Hà Phương 442943 Temporary Suspend

The document provides information on regulations regarding the temporary suspension of labor contracts under Vietnamese law. It discusses 5 cases where labor contracts can be suspended according to the Labor Code, including military service, detention, pregnancy, and cases agreed upon by both parties. During suspension, employees are not entitled to salary or benefits unless otherwise agreed. The suspension time does not count toward social insurance or contract duration. Employers must reinstate employees within 15 days of suspension ending unless otherwise agreed. Employers can be fined for not reinstating employees and must pay wages for days not allowing return to work. Both employers and employees can unilaterally terminate contracts, but employers have specific grounds including poor performance, long-term illness, natural disasters,

Uploaded by

Hà Phương
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
54 views5 pages

Lưu Vũ Hà Phương 442943 Temporary Suspend

The document provides information on regulations regarding the temporary suspension of labor contracts under Vietnamese law. It discusses 5 cases where labor contracts can be suspended according to the Labor Code, including military service, detention, pregnancy, and cases agreed upon by both parties. During suspension, employees are not entitled to salary or benefits unless otherwise agreed. The suspension time does not count toward social insurance or contract duration. Employers must reinstate employees within 15 days of suspension ending unless otherwise agreed. Employers can be fined for not reinstating employees and must pay wages for days not allowing return to work. Both employers and employees can unilaterally terminate contracts, but employers have specific grounds including poor performance, long-term illness, natural disasters,

Uploaded by

Hà Phương
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
You are on page 1/ 5

Document title: Letter of advice on temporary suspension of labor contracts

Hanoi Law University


87 Nguyen Chi Thanh, Dong Da, Hanoi
11500
March 2, 2023

Dear Sir[s] or Madam(s),


Regulations on temporary suspension of labor contracts

Article 32 of the 2012 Labor Code regulates five cases of suspension of a labor contracts


including (1) the employee is called up for military service; (2) the employee is held in custody or
detention in accordance with the criminal procedure law; (3) the employee is subject to a
decision on application of the measure of consignment to a reformatory, compulsory drug
detoxification center or compulsory education institution; (4) the female employee is pregnant in
accordance with Article 156 of this Code; and (5) other cases as agreed upon by the two
parties.

Within 15 days since the expiry date of temporary labor contract suspension, these employees
have to present themselves at working places and the employers have to let their employees
back to work unless the two sides reached other agreements. 

The time of labor suspension is not included in the time of labor contract implementation and will
be added to term of labor contract. 

Postponing the labor contract, what will be the salary and social insurance?

According to Clause 2, Article 30 Labour Code 2019 and Clause 4, Article 42 Decision 595/QD-
BHXH,then:
During the period of suspension of the performance of the labor contract, the employee is not
entitled to the salary and rights and benefits entered into in the labor contract, unless otherwise
agree upon by the two parties or provided for by. If the employee suspends the labor contract
for 14 working days or more in a month, he/she will not pay social insurance premiums for that
month. This time is not counted to enjoy social insurance.

Employees are re-employed after the suspension period has expired

According to Article 31 of the Labor Code 2019, within 15 days from the expiration of the
temporary suspension of the performance of the labor contract, the employee must be present
at the workplace and the employer must accept the employee. Return to work under the signed
labor contract if the labor contract is still valid unless otherwise agreed upon by the two parties
or provided for by law.

1
In case the employer does not take back the employee to return to work after the expiration of
the period of suspension of the performance of the labor contract unless otherwise agreed by
the employer and the employee, the employee will be A fine ranging from VND 3,000,000 to
VND 7,000,000 according to Point b, Clause 2, Article 10 of Decree No. 28/2020/ND-CP.
In addition, forced to pay wages to employees in the days of not accepting employees back to
work after the expiration of the period of temporary suspension of the performance of labor
contracts according to Clause 4, Article 10 of Decree No. 28/2020/ND-CP.

Unilaterally terminate

Although a labor contract is an agreement between the parties, one party doesn’t need the
consent of the other party if they want to unilaterally terminate the contract between them. 

This means that both the employee and the employer can unilaterally terminate the labor
contract without the consent of the other side. If the employer unilaterally terminates the
contract:

Pursuant to Article 36 of the Labor Code, the employer also has the right to unilaterally
terminate the labor contract but he/she can only exercise this right in the following cases:

 The employee repeatedly fails to perform his/her work according to the criteria for
assessment of employees’ fulfillment of duties established by the employer. The
criteria for assessment of employees’ fulfillment of duties shall be established by
the employer with consideration taken of opinions offered by the representative
organization of employees (if any);
 The employee is sick or has an accident and remains unable to work after having
received treatment for a period of 12 consecutive months in the case of an
indefinite-term employment contract, for 06 consecutive months in the case of an
employment contract with a fixed term of 12 – 36 months, or more than half the
duration of the contract in case of an employment contract with a fixed term of
fewer than 12 months.

 In the event of a natural disaster, fire, major epidemic, hostility, relocation, or


downsizing requested by a competent authority, the employer has to lay off
employees after all possibilities have been exhausted;

 The employee is not present at the workplace after 15 days from the expiration of
the contract suspension period or after the time agreed by the parties;

 The employee reaches the retirement age specified in Article 169 of the Labor
Code 2019 unless otherwise agreed by the parties;

 The employee fails to go to work without acceptable excuses for at least 05


consecutive working days (The acceptable excuses may include: natural disaster,
fire, illness, self or sick relatives certified by medical examination and treatment
establishments and other cases in labor regulations);

2
 The employee fails to provide truthful information during the conclusion of the
employment contract in accordance with Clause 2 Article 16 of the Labor Code
2019 in a manner that affects the recruitment.

Accordingly, if the employer lays off the employee in one of the above-mentioned cases, it will
be considered a legally unilateral termination of the contract.

Yours faithfully,

3
Lưu Vũ Hà Phương
[NAME OF SENDER]

You might also like