How to calculate salary when employees stop working
(Baonghean.vn) - Question: I was transferred by the company to a different job than the one stated in the contract. If I do not agree to temporarily do a job other than the one stated in the labor contract for more than 60 cumulative working days in 1 year, how should the company pay me for the severance pay?
(Dang Thu Hoa, block 11, Ha Huy Tap ward, Vinh)
Reply:
I. Severance pay is the salary paid to employees when they are not working through no fault of their own, as prescribed by law or by agreement.
According to the provisions of Clause 4, Article 29, Labor Code 2019, as follows: "If an employee does not agree to temporarily do a job other than the labor contract for more than 60 working days accumulated in 1 year and has to stop working, the employer must pay the employee a salary for the suspension of work according to the provisions of Article 99 of this Code".
Thus, according to the above regulations, if you do not agree to temporarily do a job other than the labor contract for more than 60 working days accumulated in 1 year and you have to stop working, the company will pay you for the suspension of work according to regulations.
II. According to Article 99 of the 2019 Labor Code, the salary for employees during suspension of work is paid as follows:
1. If due to the employer's fault, the employee shall be paid full salary according to the labor contract.
2. If due to the fault ofworkerthen that person will not be paid; other workers in the same unit who have to stop working will be paid at a rate agreed upon by both parties but not lower than the minimum wage.
3. If there is an electrical or water problem that is not the employer's fault, or due to a natural disaster, fire, dangerous epidemic, war, relocation of the operating location at the request of a competent state agency, or for economic reasons, the two parties shall agree on the salary for the suspension of work as follows:
a) In case of suspension of work for 14 working days or less, the agreed salary for suspension of work shall not be lower than the minimum wage.
b) In case of suspension of work for more than 14 working days, the salary for suspension of work shall be agreed upon by both parties but must ensure that the salary for suspension of work for the first 14 days is not lower than the minimum wage.
Thus, in the case where an employee does not continue to be transferred to another job but has to stop working, the employer must pay the employee for the suspension of work according to the above regulations.
LEGAL POLICY DEPARTMENT - LABOR RELATIONS
NGHE AN PROVINCE LABOR FEDERATION
(Tel: 0919.742.006; 0375.037.037)
