The State’s Responsibilities Towards Employees During The Covid-19 Pandemic18/08/2021 admin
With the pandemic situation currently becoming more and more complicated, the Government has taken various measures to prevent the spread of the disease such as social distancing, movement restrictions and only allowing organizations, enterprises operating in essential sectors such as banking, securities, healthcare, pharmaceuticals, foods to keep operating as usual, etc. Other enterprises are only permitted to operate once they have satisfied the “3 on the spot” and “One route, two destinations” principles. Therefore, many enterprises have fallen into predicaments, unable to operate and comply with the Government’s principles and having to temporarily close down in the process of disease prevention.
The temporary close-down of enterprises has led them to deal with serious labor problems. They don’t generate revenue, cannot operate, and don’t have enough budget to remunerate their employees, leading them to choose between the following solutions for their employees:
- Employees suspending the performance of their Labor contract, taking unpaid leave;
- Employees ceasing work;
- Employees terminating their Labor contract but unqualified for unemployment benefits.
No matter which action course is taken, employees still have to face the loss/decrease of income during the fight and prevention of disease.
To support employees amid this pandemic, the Prime Minister has issued multiple assistance policies to ease their burden. Details of target beneficiaries, support rates and procedures are as follows:
| Target groups
|Employees suspending the performance of their Labor contract, taking unpaid leave||Employees ceasing work||Employees terminating their Labor contract but unqualified for unemployment benefits|
|Target beneficiaries, support requirements||Employees working for organizations, enterprises forced to temporarily close down at the request of competent State agencies to prevent and fight the COVID-19 pandemic will receive support when they satisfy the following requirements:
||Employees ceasing works due to the pandemic, currently participating in compulsory social insurance in the month directly preceding the month in which they cease their work and having to isolate medically or living in locked down areas at the request of competent State agencies for a period no shorter than 14 days from May 1st, 2021 until the end of December 31st, 2021.||Employees working for organizations, enterprises which have to close down at the request of competent State agencies to prevent and fight the COVID-19 pandemic in a period of time between May 01st, 2021 until the end of December 31st, 2021 will receive support if they satisfy all of the following requirements:
Besides, apart from the above relief, when Employees cease their work while still getting paid wages on ceasing work by Employers, the rate of these wages shall be agreed upon by the Parties as follows:
a) In case work is ceased for 14 or less working days, the wage on ceasing work agreed upon shall not be below the minimum wage;
b) In case work is ceased for more than 14 working days, the wage on ceasing work shall be agreed upon by the parties, however, the wage on ceasing work in the first 14 days shall not be below the minimum wage.
|Paying method||Paid once for each employee.|
Amid the strong outbreak of the pandemic, the support policies above have partly alleviated the burden of Employees so that we can all fight and survive this pandemic.
If you have any questions or require any additional information, please contact Apolat Legal – An International Law Firm in Viet Nam.
This article is for general information only and is not a substitute for legal advice.