Decree No. 05/2015/ND-CP dated January 12, 2015 of the Government guiding the implementation of a number of the Labor Code’s contents, the employer must pay salary directly, fully and on time for employees.
In special cases due to natural disaster, fire or force majeure reasons, the employer may pay salary slower than the time limit agreed in the contract but not exceeding 01 months. Besides, in order to protect the rights of workers, Decree affirmed, if the delay lasts 15 days or more, the employee shall be paid an additional amount at least equal to the wage arrears to workers ceiling interest rate deposits with terms 01 months as State Bank of Vietnam announced at the time of the payment; the absence of regulation, the interest rate cap rates are deposits with a term of 01 months of commercial banks, where businesses and agencies open account transaction notified in time of the payment.
An other notable content is prescribed for overtime wages, working at night. Accordingly, employees follow time will be paid overtime when working outside normal working hours by the employer or made outside normal working hours to do more of volume and quantity of products, in addition to the amount of work, the volume according to the agreed level. In particular, pay overtime on weekdays at least equal to 150% of salary actually paid according to the work being done; for weekly rest days and holidays, New Year, holidays with pay, wages at least equal to 200% and 300%, not including salaries for holidays, New Year, holidays with day salaried employees…
The decree also allows the employee is entitled to unilaterally terminate the contract to take care of children or spouses; father and mother both parties paternal or maternal of sickness or accident. In particular, the employee participate in the strike which not follow the process under the law will not be paid the salary or other interest in the time participating in the strike. Particularly with workers do not participate in strike but have to stop working because of the strike has been paid for work and other benefits under the provisions of labor law.
