WHO DOES THE DOSSIER FOR RECEIPT OF COIVD-19 ALLOWANCE OF THE EMPLOYEES WHO SUSPEND THE PERFORMANCE OF LABOR CONTRACT

Question: Dear Lawyer, in case the employee temporarily suspends the implementation of the labor contract due to the Covid epidemic to be supported to enjoy Covid-19 benefits, who is the dossier of benefits? Employees or companies?

Answer: Hello! For your inquiries, Gattaca Law would like to advise as follows

In Article 14 and Article 15 of Decision No. 23/2021/QD-TTg, there are regulations on dossiers and procedures for implementing policies to support employees to postpone the performance of labor contracts, specifically:

Article 15. Application documents

1. A copy of the written agreement on suspension of the implementation of labor contracts or non-paid leave.

2. The list of employees with certification of the social insurance agency according to form No. 05 in the Appendix issued with this Decision.

3. A certified copy or a copy enclosed with the original to compare one of the following papers: Papers proving that the employee is pregnant; Birth certificates or birth certificates of children; Adoption certificate; Decisions on delivery and receiving of child replacement care by competent agencies for the subjects specified in Clause 2, Article 14 of this Decision.

Article 16. Order and procedures for implementation

1. Enterprises, cooperatives, public business units and educational institutions request the social insurance agency to confirm that the employees are participating in social insurance.

Within 02 working days from the date of receiving the request, the social insurance agency confirms the participation in social insurance of the employee.

2. Enterprises, cooperatives, public administrative units and educational institutions shall send dossiers as prescribed in Article 15 of this Decision to the district-level People's Committees of the locality where their head office is located. The deadline for receiving applications is January 31, 2022.

3. Within 02 working days after receiving a complete dossier, the district-level People's Committee will appraise and report it to the provincial-level People's Committee.

4. Within 02 working days after receiving a complete dossier, the provincial-level People's Committee will grant a decision approving the list and funding for support; and direct the implementation of support payment. In case of non-approval, provincial-level People's Committees may notify such in writing and clearly state the reasons therem.

Therefor, according to the above provisions, the employee who temporarily suspends the implementation of the labor contract is eligible for the Covid-19 benefit. Then the dossier of such procedure is made by the employer (company). Workers do not have to stand up for that procedure on their own.

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