On July, 15 2021, Department of Labor Relations
and Wages of The Ministry of Labor, War Invalids, and Social Affairs issued
Document No.264/QHLĐTL-TL on guideline of payment of furlough wages to
employees during furlough period due to Covid-19 pandemic.
In order to make payment of furlough wages in accordance
with the labor law, the Department of Labor Relations and Wages guide
the enterprises as follows:
1.
The furlough wages shall be paid to employees as prescribed in Article 99 of
the Labor Code in consideration of the causes of the furlough (due to the fault
of the employer, or the employee, or due to objective reasons).
2. If an employee is put on furlough due to the direct
impact of the Covid-19 pandemic, i.e. the employee is subject to quarantine by
the order of competent authority; (ii) the employee lives in a lockdown area by
the order of competent authority so he/she is unable to work; (iii) the
employee is put on furlough since his/her company or department/division is
subject to suspension by the order of competent authority; (iv) the employee is
put on furlough since his/her company or department/division is unable to
operate as the owner or other colleagues has/have been quarantined or not
returned to work yet, his/her furlough wage shall be paid in accordance with
clause 3 Article 99 of the Labor Code, in specific:
-
If the furlough period is less than or equal to 14 working days, the furlough
wage shall be agreed upon by both parties but not less than the minimum wage.
-
If the furlough period is more than 14 working days, the furlough wage shall be
agreed upon by both parties provided that the furlough wage to be paid for the
first 14 working days is not less than the minimum wage.
Department of Enterprise Management.