IS THERE A LIMIT TO THE NUMBER OF PEOPLE RECEIVING COVID-19 SUPPORT IN A FAMILY?
Question: Dear Lawyer, I heard many people around me say that each family can only receive covid-19 support of a maximum of 02 people. My house has 3 people who are unemployed freelancers because of the epidemic, 1 person suspending labor contracts (labor contracts). So, is there a limit on the number of people receiving Covid-19 support in a family?
Answer: Hello! For your questions, Gattaca has the following advice.
According to Decision No. 23/2021/QD-TTg on the implementation of a number of policies to support workers and employers in difficulty due to the Covid-19 pandemic, there is no provision on the maximum number of people supported in a family. Therefore, no matter how many people in a family, they meet the conditions and follow the correct procedures under Decision 23, they are entitled to support.
In the case of your family, there are 3 freelancers and 1 worker with an employment contract if they meet the conditions for receiving support and carry out the procedures in accordance with Decision 23, all 4 people will receive support. Concrete:
- In case 3 employees do not have a labor contract (free labor): At Point 12, Section II of Resolution 68/NQ-CP stipulates:
"Based on specific conditions and budget capacity of localities, provinces and cities shall formulate criteria, determine objects and levels of support but the level of support is not lower than VND 1,500,000 per person or VND 50,000 per person per day based on the actual number of days of suspension of operation at local request".
Therefore, 03 self-employed people in your family who have difficulties due to the Covid-19 pandemic need to contact the local government for guidance and settlement on receiving support.
- In case the person who has entered into a labor contract is in your family, the comparison shall be made with the conditions specified in Decision 23/2021/QD-TTg on temporary suspension of the labor contract:
Employees working at enterprises, cooperatives, etc. must temporarily suspend operations at the request of competent state agencies for the prevention and control of the Covid-19 epidemic, are supported when fully meeting the following conditions:
+ Suspend the labor contract for 15 consecutive days or more, from May 1, 2021 to December 31, 2021 and start to suspend the labor contract from May 1, 2021 to December 31, 2021.
+ Being participating in compulsory social insurance in the month preceding the time of suspension of the performance of the labor contract or taking unpaid leave.
If eligible and eligible for support, notify the employer to complete the dossier and carry out the procedures as prescribed in Decision 23/2021/QD-TTg.
For detailed advice and timely support on transfer procedures and documents, please contact:
Gattaca Law Firm
Address: 32 Nguyen Dinh Hoan, Nghia Do, Cau Giay, Ha Noi
Hotline: 0243.204.1777 – 090.17.63.379
Website: gattacalaw.vn
Director – Dr. Lawyer Nguyen Thanh Nam