1.The concept of contract suspension
Suspension of a labor contract is understood as the suspension of the performance of a labor contract for a certain period of time for reasons prescribed by law or as agreed between the employer and the employee.
- Cases of contract postponement
According to Clause 1, Article 30 of the 2019 Labor Code, cases of suspension of the performance of a labor contract are as follows:
- The employee performs the military service, the obligation to join the Militia and Self-Defense Force;
- The employee is held in custody or temporary detention in accordance with the law on criminal procedures;
- The employee must comply with the decision to apply the measure of sending to a reformatory, compulsory detoxification establishment or compulsory education institution;
- Pregnant female employees as prescribed in Article 138 of this Code;
- The employee is appointed as an enterprise manager of a one-member limited liability company in which 100% of charter capital is held by the State;
- The employee is authorized to exercise the rights and responsibilities of the state owner’s representative for the state capital in the enterprise;
- The employee is authorized to exercise the rights and responsibilities of the enterprise with respect to the capital portion of the enterprise invested in another enterprise;
- Other cases as agreed by both parties.
- Salary and Social Insurance
Pursuant to Clause 2, Article 30 of the Labor Code 2019 and Clause 4, Article 42 of Decision 595/QD-BHXH:
- During the period of temporary suspension of the performance of the labor contract, the employee is not entitled to the salary and rights and benefits entered into in the labor contract, unless otherwise agreed upon by the two parties or provided for by law.
- If the employee suspends the Labor Contract for 14 working days or more in a month, he/she shall not pay social insurance premiums for that month. This time does not count for social insurance benefits.
- Re-accept the employee upon the expiration of the period of temporary suspension of labor performance.
Article 31 of the Labor Code 2019 stipulates the return of employees whose labor contract suspension period expires as follows:
Within 15 days after the expiration of the period of temporary suspension of the performance of the labor contract, the employee must be present at the workplace and the employer must accept the employee to return to work under the labor contract. if the labor contract is still valid, unless otherwise agreed by the two parties or provided for by law.
The above are the provisions of the law related to the suspension of labor contracts. For support and advice on legal issues in the best way, please contact us with the following information:
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