- Stop-work salary payment will conform to Article 98 of 2012 Labor Code which helps to identify whether the stop-work situation occurs through fault of an employer or employee, or for any other objective reasons.
- If any employee falls into one of the following situations, paying him/her wage or salary during the stop-work period will be conforming to clause 3 of Article 98 in Labor Code (the pay rate shall be negotiated between parties provided that it is not lower than the region-based minimum pay rate):
+ The employee is a foreign national who cannot get back to work as requested by competent authorities;
+ The employee has to stop working for mandatory quarantine requested by competent authorities;
+ The employee has to stop working because the company or the company's division where he/she is supervised cannot run as usual for reasons of the employer or his/her other colleague is isolated or is not allowed to return to work.
- If any enterprise faces input material or market difficulties leading to lack of work for employees, its employer may have their employees changed to other work that is not agreed upon in their employment contracts as provided in Article 31 in the Labor Code as follows:
If the stop-work period is lengthened, affecting wage payment capability of an enterprise, then the employer and the employee may agree on temporary suspension of the employment contract as provided in Article 32 in the Labor Code.
If any enterprise has to downsize, leading to reduction in the amount of work, placement of employees will be subject to Article 38 or Article 44 in the Labor Code.
For more details, please read the Official Dispatch No. 1064/LDTBXH-QHLDTL dated March 25, 2020.
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