Do employees have the right to enjoy holiday regime when suspending contract performance in Vietnam or not?
More and more labor relationships appear as the developed society leads to the need to have a job for everyone. However, there are cases where the performance of the labor contract must be postponed due to various reasons. An issue related to the suspension of contract performance attracts great concern to everyone: “Do employees have the right to enjoy holiday regime when suspending contract performance in Vietnam or not?”. In this article, LSX legal firm would like to answer this question.
Legal ground
- The Labor Code 2019
Labor Contract
According to Clause 1, Article 13 of the Labor Code 2019:
“An employment contract – an agreement between an employee and an employer on a paid job, salary, working conditions, and the rights as well as obligations of each party in the labor relations.
A document with a different name is also considered an employment contract if it contains the agreement on the paid job, salary, management and supervision of a party.”
Before accepting employees to work, the employer must enter into a labor contract with the employee. This represents as an evidence to establish the rights and obligations of the two parties.
Parties must make the labor contract in writing into 02 copies, the employee keeps 01 copy, and the employer keeps 01 copy.
Labor contracts entered into via electronic means in the form of data messages in accordance with the law on electronic transactions have the same value as a written labor contract.
However, the two parties may enter into a verbal labor contract for a contract with a term of less than 1 month.
Content of the labor contract
Clause 1, Article 21 of the Labor Code 2019 provides:
Article 21. Contents of employment contracts
An employment contract shall have the following major contents:
a) The employer’s name, address; full name, and position of the person who concludes the contract on the employer’s side;
b) Full name, date of birth, gender, residence, identity card number, or passport number of the person who concludes the contract on the employee’s side;
c) The job and workplace;
d) Duration of the employment contract;
dd) Job- or position-based salary, form of salary payment, the due date for payment of salary, allowances, and other additional payments;
e) Regimes for promotion and pay rise;
g) Working hours, rest periods;
h) Personal protective equipment for the employee;
i) Social insurance, health insurance, and unemployment insurance;
k) Basic training and advanced training, occupational skill development.
Cases of suspending the performance of labor contracts
The performance of the labor contract must be carried out continuously according to its term. However, many cases of force majeure that have to postpone the performance of the contract may appear during the performance.
Cases of temporary suspension of the performance of a labor contract include:
Firstly, The employee is conscripted into the army or militia;
Secondly, The employee is held in custody or detention in accordance with the criminal procedure law;
Thirdly, The employee sent to a reformatory school, drug rehabilitation center, or correctional facility;
Fourthly, The female employee is pregnant as specified in Article 138 of this Code;
Fifthly, The employee designated as the executive of a wholly state-owned single-member limited liability company;
Also, The employee has been authorized to represent the state investment in another enterprise;
The employee authorized to represent the enterprise’s investment in another enterprise;
Lastly, Other circumstances as agreed upon by both parties.
During the suspension of the employment contract, the employee shall not receive the salary and benefits specified in the employment contract, unless otherwise agreed by both parties or prescribed by law.
The law regulates very specifically and clearly about the cases where parties have to suspend the performance of the labor contract. Accordingly, employees may capture information and knowledge to apply to themselves.
Do employees have the right to enjoy holiday regime when suspending contract performance?
So what do those who suspend the performance of the contract gain and lose? Clause 2, Article 30 of the Labor Code 2019 stipulates:
“Article 31. Reinstatement of employees upon expiry of the temporary suspension of the employment contract
Within 15 days from the expiry of the suspension period of the employment contract, the employee shall be present at the workplace and the employer shall reinstate the employee under the employment contract if it is still unexpired, unless otherwise agreed by both parties or prescribed by law.”
According to the above provisions, during the temporary suspension of the labor contract, the employee will not enjoy the salary and rights as well as benefits signed in the labor contract, unless otherwise agreed. Thus, the employee will not enjoy the holiday regime when suspending the performance of the labor contract.
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations in business suspension;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself, We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
Related articles
- Notes on employing minors to work in Vietnam
- Can public employees set up company under Vietnamese Law on Enterprise?
- In Vietnam, Do seasonal workers get unemployment insurance?
Related questions
During the performance of an employment contract, any party who wishes to revise the employment contract shall notify the other party of the revisions at least 03 working days in advance.
In case where an agreement is reached between the parties, the revisions shall be made by signing an annex to the employment contract or signing a new employment contract.
In case the two parties fail to reach an agreement on the revisions, they shall continue to perform the existing employment contract.
The unilateral termination of an employment contract will become illegal if it does not comply with regulations of Article 35, 36 and 37 of this Labor Code.
The works under an employment contract shall be performed by the employee who directly enters into the contract. The workplace shall be consistent with that indicated in the employment contract, unless otherwise agreed upon by both parties.
Contact LSX
Finally, hope this article is useful for you to answer the question about “Do employees have the right to enjoy holiday regime when suspending contract performance in Vietnam or not?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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