Official guidance of Ministry of Labor, Invalid and Social Affair on payment of salary during work suspension

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On 25 March 2020, Ministry of Labor, Invalid and Social Affair issued the Official Dispatch No. 1064/LDTBXH-QHLDTL guiding on payment of salary during work suspension in accordance with Article No. 98 Vietnam Labor Law.

Accordingly. in following cases, salary during work suspension period shall be governed by Clause 3, Article 98 of Vietnam Labor Code, i.e. salary during work suspension shall be subject to negotiation between two parties but it must not be lower than the minimum wage:

+ Foreign employees having not comeback to work due to requirements of competent authority.

+  Employees who must suspend work due to quarantine in accordance with competent authorities decisions.

+ Employee who must suspend work due to that the employer or other employees in the same enterprise/department are in the quarantine or have not yet come back to work.

In case the Enterprise faces with difficulties in raw material or market and it can not provide sufficient work, employer can assign employee to perform job not stated in the employment contract in accordance with Article 31 of Vietnam Labor Code.

In case the Enterprise has to scale down the production and cut job, then it can follow the Article 38 or Article 44 of Vietnam Labor Code.