Hello Lawyer, I am an employee working in a small factory. I know that the Labor Code in 2019 has come into effect, there are many regulations that have been changed. One of the changes is the regulation on salary policy for employees. Therefore, I would like to ask a lawyer about the policy on wages of employees in accordance with the law?
Legal grounds
- Labor Code 2019
- Decree 145/2020/ND-CP
Consulting content
The promulgation of the Labor Code in 2019 has brought many new regulations. Workers’ rights are more protected. Including the policy on the salary of employees. Let’s find out with lawyer X right here:
Principles of paying employees according to regulations?
Additional regulations that the employer may not:
– Limiting or interfering with the employee’s right to self-determination of salary expenditure;
– Forcing employees to spend their salaries on the purchase of goods and use of services by the employer; or of another entity designated by the employer.
(According to Clause 2, Article 94 of the Labor Code 2019)
Employees are entitled to receive a salary statement each time they receive their salary, clearly stating their salary, overtime pay, nighttime salary, content and amount of deduction (if any). This is a new point in Clause 3, Article 95 of the Labor Code 2019, not yet in the 2012 Labor Law.
The employee is compensated with an amount at least equal to the interest of the late payment amount calculated at the interest rate on mobilizing deposits with a term of 1 month, which is issued by the bank where the employer opens the account to pay wages to the employee. The employee shall announce at the time of salary payment if the salary is delayed for 15 days or more as prescribed in Clause 4, Article 97 of the Labor Code 2019.
The employee does not have to pay an account opening fee if the salary is paid via a bank (currently according to the provisions of Clause 2, Article 94 of the Labor Code 2012, the two parties agree).
What rights do employees have when not being paid on time?
Employees can quit their jobs without prior notice if they are not paid on time.
Specifically, Article 35 of the Labor Code 2019 provides as follows:
“first. The employee has the right to unilaterally terminate the labor contract but must notify the employer in advance as follows:
a) At least 45 days if working under an indefinite term labor contract;
b) At least 30 days if working under a definite-term labor contract with a term from 12 months to 36 months;
c) At least 03 working days if working under a definite-term labor contract with a term of less than 12 months;
d) For a number of specific industries, trades and jobs, the time limit for advance notice shall comply with the Government’s regulations.
- An employee has the right to unilaterally terminate the labor contract without prior notice in the following cases:
a) Not being arranged according to the right job and working location; or failing to ensure the agreed working conditions, except for the case specified in Article 29 of this Code;
b) The salary is not paid in full or the salary is not paid on time; except for the case specified in Clause 4, Article 97 of this Code;
c) Being abused or beaten by the employer; or have insulting words, acts or acts affecting health, dignity and honor; forced labor…”
Specifically, according to Point b, Clause 2, Article 35 of the Labor Code 2019; then the employee has the right to unilaterally terminate the labor contract without prior notice to the employer if the salary is not paid in full; or pay wages on time, except for the case specified in Clause 4, Article 97 of the Labor Code 2019. Currently, Point a, Clause 2, Article 37 of the 2012 Labor Code requires 3 days notice.
In case the employee is entitled to leave work separately and receive full salary?
According to the provisions of Article 115 of the Labor Code 2019 as follows:
“Article 115. Personal leave, unpaid leave
- Employees are entitled to take a leave of absence from work and still receive the full salary; and must notify the employer in the following cases:
a) Marriage: 03 days off;
b) Natural, adopted children get married: take 01 day off;
c) Natural father, natural mother, adoptive father, adoptive mother; natural father, natural mother, adoptive father, adoptive mother of a spouse; wife or husband; Death of natural or adopted children: 3 days off.
- The employee is entitled to 01 day of unpaid leave and must notify the employer when his grandfather, grandmother, maternal grandfather, grandmother, brother, sister or younger brother dies; married parent; brothers, sisters, siblings get married.
- In addition to the provisions of Clauses 1 and 2 of this Article; The employee may agree with the employer to take unpaid leave.
Thus, compared with the current regulations in Article 116 of the Labor Code 2012; from 2021, the case of adoptive father, adoptive mother; If the adoptive father or adoptive mother of the spouse dies, the employee is entitled to 3 days of leave and full salary.
At the same time, it is more clear that the case of “natural children”, “adopted children” who get married are entitled to 01 day off; (Currently, it is stipulated that “children” get married, then take 01 day off); If a “natural child” or an “adopted child” dies, he/she is entitled to 03 days of leave (currently, the “dead” child is entitled to 03 days of leave).
Will workers get a pay rise in 2022?
With the current difficult epidemic situation, according to many experts’ predictions, the regional minimum wage in 2022 will also remain the same as in 2021. In 2020, due to the influence of Covid-19, the regional minimum wage will remain the same in 2020. 2021 did not increase; and is implemented according to the salary announced in Decree 90/2019/ND-CP.
If there is no increase in the regional minimum wage in 2022, this will be the third year in a row that workers’ wages will remain the same. This is also considered as sharing difficulties of employees with businesses.
The regional minimum wage in 2022 is the lowest level as a basis for businesses; and employees agree and pay wages; in which the salary paid to employees working in normal working conditions; ensuring enough normal working hours in a month and fulfilling labor norms; or the agreed work must ensure:
Not lower than the regional minimum wage for employees doing the simplest jobs;
At least 7% higher than the regional minimum wage for employees who do jobs requiring workers who have undergone vocational training or vocational training in accordance with regulations.
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Related articles:
- In Vietnam, are employers allowed to enter into labor contracts with 15-year-olds?
- Change the type of labor contract in Vietnam
- Rights of employees when unilaterally terminating the labor contract
Frequently asked questions
Employees are entitled to at least 24 consecutive hours of rest per week. In special cases due to the labor cycle, where weekly rest is not possible, the employer is responsible for ensuring that the employee is entitled to at least 04 days off per month on average.
In addition, the employer has the right to decide to arrange the weekly rest day on Sunday or another determined day of the week but must be recorded in the labor regulations.
Normal working hours must not exceed 08 hours in a day and not more than 48 hours in a week.
the employer has the right to determine the working hours by day or week but must notify the employee; In the case of a weekly basis, the normal working time shall not exceed 10 hours in a day and 48 hours in a week.
The State encourages employers to implement a 40-hour work week for employees.
Conclusion: So the above is Policy on the salary of employees by the law of Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
