Are workers paid for time off due to flooding?
Mr. N.D.T in Tuong Duong commune asked: Due to the effects of floods, if workers have to take time off work, will they still be paid?
Reply:
Article 99 of the 2019 Labor Code stipulates severance pay as follows:
In case of work stoppage, employees will be 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 it is the employee's fault, he/she will not be paid; other employees 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 electricity or water problem not due to the employer's fault or due to natural disasters, fires, dangerous epidemics, hostilities, 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 work suspension of more than 14 working days, the salary for the suspension of work shall be agreed upon by both parties, but must ensure that the salary for the first 14 days of work suspension is not lower than the minimum wage.
Thus, employees who are off work due to floods will be paid for the suspension of work according to the following agreement:
- In case of suspension of work for 14 working days or less: the agreed salary for suspension of work is not lower than the minimum wage.
- In case of having to stop working for more than 14 working days: the salary for the suspension of work is agreed upon by both parties but must ensure that the salary for the suspension of work for the first 14 days is not lower than the minimum wage.
