Wage is the amount of money an employer pays an employee according to an agreement to perform work, including salary according to job or title, salary allowances and other additional payments. In case of work stoppage, how is salary payment made? Join LawFirm.Vn to find out through the following article.
1. Regulations on termination pay
In case of having to stop work, according to the provisions of Article 99 of the 2019 Labor Code, employees are paid as follows:
– If it is due to the employer’s fault, the employee is paid in full according to the labor contract;
– If it is the employee’s fault, he or she will not be paid; Other employees in the same unit who have to stop working will be paid at a rate agreed upon by both parties but not lower than the minimum wage;
– If due to electricity or water problems that are not due to the employer’s fault or due to natural disasters, fires, dangerous epidemics, enemy sabotage, relocation of the operating location at the request of a competent state agency authority or for economic reasons, the two parties agree on salary for termination of work as follows:
+ In case of cessation of work for 14 working days or less, the salary for cessation of work shall be agreed to be no lower than the minimum wage;
+ In case you have to stop working for more than 14 working days, the salary for stopping work will be agreed upon by both parties but must ensure that the salary for stopping work in the first 14 days is not lower than the minimum wage.
Note: Time spent stopping work due to no fault of the employee is time counted as paid working hours. (Clause 5, Article 58, Decree 145/2020/ND-CP)
2. Pay severance pay in special cases
2.1. Pay termination pay in case the employer transfers the employee to a job different from the labor contract.
Clause 4, Article 29 of the 2019 Labor Code , when the employee does not agree to temporarily do a job other than the labor contract for more than 60 cumulative working days in 01 year and must stop working, the employer must pay cessation wages according to the provisions of Article 99 of the Labor Code.
2.2. Pay stoppage wages when employees do not participate in a strike but have to stop working due to the strike.
Employees who do not participate in a strike but have to stop working due to a strike will be paid stoppage pay and other benefits according to the provisions of labor law. (Clause 1, Article 207 of the 2019 Labor Code)
Note : Employees participating in a strike are not paid wages and other benefits as prescribed by law, unless the parties agree otherwise.
