GUIDING WORK SUSPENSION WAGE PAYMENT DURING WORK SUSPENSION DUE TO EFFECTS OF COVID-19

According to Official Dispatch No. 1064/LDTBXH-QHLDTL issued by the Ministry of Labour, Invalids and Social Affairs and coming into effect from March 25, 2020:

– Suspension pay will be determined in accordance with Article 98 of the Labor Code, with regard to the causes of work suspension (at the employer’s or employee’s fault or for an objective reason).

– For employees in the following cases, their wages during suspension shall be provided in accordance with Clause 3 Article 98 of the Labor Code (the wage will be agreed upon by both parties but must not be less than the prescribed region-based minimum wages):

(i) Foreign employees who are not allowed to return to work as requested by competent authorities;

(ii) Employees who are suspended from work during quarantine as requested by competent authorities;

(iii) Employees who are suspended from work because their employer is being quarantined or other employees in the same enterprise or department are being quarantined or not allowed to return to work.

– Enterprises that cannot provide adequate employment due to supply shortage or market reduction may temporarily reassign employees against their employment contracts in accordance with Article 31 of the Labor Code.

– In case an employer is not able to pay the suspended employees due to prolonged work suspension, they may reach an agreement on suspension of the employment contracts in accordance with Article 32 of the Labor Code.

– Employers that have to scale down shall implement regulations of Article 38 or Article 44 of the Labor Code.

Best regards,