THE EMPLOYEES WHO ARE BEEN OFF WORK WITH COVID19 ARE STILL PAID SALARIES, WILL THEY BE PAID SOCIAL INSURANCE PREMIUMS

Question: Dear Lawyer, our company plans for all employees to take 2-3 months off, during which time the company supports each month is 4,420,000 VND/ month. In this case, can the company suspend the payment of social insurance premiums?:

Answer: Hello! For your inquiries, Gattaca has the advice

Article 99.3 Labor Code 2019 stipulates that in case of work discontinuation, the employees (employees) shall be paid as follows:

If it is caused by electricity and water incidents without fault of the employer or due to natural disasters, fires, dangerous epidemics, hostilities, relocation of operation places at the request of competent state agencies or for economic reasons, the two parties agree on wages to stop working as follows:

- In case of work discontinuation of 14 working days or less, the agreed work-discontinuation salary must not be lower than the minimum wage;

- In case of having to stop working for more than 14 working days, the salary stopped from work agreed by the two parties but must ensure that the salary stopped working in the first 14 days is not lower than the minimum wage.

In addition, Decree 90/2019 / ND-CP stipulates the regional minimum wage as follows:

- VND 4,420,000/month: Enterprises in Region I.

- VND 3,920,000/month: Enterprises in Region II.

- VND 3,430,000/month: Enterprises in Region III.

- VND 3,070,000/month: Enterprises in Region IV.

Therefore, if the enterprise is suspended from operation due to the Covid-19 epidemic, the employee will be paid as agreed but must ensure the above provisions.

In addition, Clause 8, Article 42 of Decision No.595/QD-BHXH in 2017 stipulates as follows: "If the employee stops working in accordance with the labor law but is still entitled to salary, the employee and the unit shall pay social insurance premiums (BHXH), health insurance (BHYT), unemployment insurance (BHTN), occupational accident insurance, occupational diseases unemployment insurance (BHTNLD, BNN) according to the salary rate enjoyed by employees during the work stop".

Thus, if the company gives employees leave to work and is paid a stop-work salary, the company must still pay BHXH, BHYT, BHTN, BHTNLD, BNN. The rate of social insurance payment will be calculated according to the salary enjoyed during the work suspension period.

For detailed advice and timely support, please contact:

Gattaca Law Firm

Address: 32 Nguyen Dinh Hoan, Nghia Do, Cau Giay, Ha Noi

Hotline: 0243.204.1777 – 090.17.63.379

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