Công văn 2844/LDTBXH-PC

To: Department of Labor – War Invalids and Social Affairs of Dong Nai Province

In response to Official Dispatch No. 4245/LDTBXH-CSLD dated August 3, 2021 of Department of Labor – War Invalids and Social Affairs of Dong Nai Province on difficulties in policy implementation, Ministry of Labor – War Invalids and Social Affairs gives its opinions hereunder:

1. As per local regulations, enterprises are allowed to operate once they satisfy “3 on-the-spot” principle and “enterprises that fail to satisfy must suspend operation”. For enterprises organizing operation according to “3 on-the-spot” principle where several workers do not agree with accommodation solutions which satisfy “3 on-the-spot” principle of the enterprises, workers and enterprises shall agree with any of the following solutions:

- Enterprises allow workers to suspend working and pay workers with employment suspension pay as per Clause 3 Article 99 of the Labor Code. In this case, workers shall benefit from employment suspension policies when they satisfy all requirements under Chapter V (Article 17 through Article 20) of Decision No. 23/2021/QD-TTg dated July 7, 2021 of Prime Minister.

- Enterprises agree with workers to allow workers to delay employment contracts as per Point h Clause 1 Article 30 of the Labor Code or both parties agree on temporary non-paid leave as per Clause 3 Article 115 of the Labor Code.

- Other cases according to labor laws namely: agreement on termination of employment contract according to Clause 3 Article 34 of the Labor Code; implementation of unilateral termination of employment contract with workers according to Point c Clause 1 Article 36 of the Labor Code, etc.

2. As per local regulations where enterprises are allowed to operate once they satisfy “3 on-the-spot” principle and “enterprises that fail to satisfy must suspend operation”:

- Enterprises that fail to satisfy “3 on-the-spot” principle and must suspend operation during implementation of abovementioned local regulations shall be considered to be under suspension of operation at request of competent authority for COVID-19 epidemic management in order to receive benefits under Article 13 of Decision No. 23/2021/QD-TTg.

- Enterprises that are situated within medical quarantine areas thus facing difficulties in material supply and product release, and required to suspend operation shall be considered to be under suspension of operation at request of competent authority for COVID-19 epidemic management in order to receive benefits under Article 13 of Decision No. 23/2021/QD-TTg.

In reality, since epidemic management works of each administrative division relatively differs from one another, epidemic management work must be understood on a flexible basis and implemented in the simplest and most effective manner in order to provide the best support for enterprises and workers in hardships.

3. The “workers required to undergo medical quarantine or staying in quarantined areas at request of competent authority” regulation under Clause 1 Article 17 of Decision No. 23/2021/QD-TTg is understood to be when workplaces and/or residence of workers are situated within areas quarantined at request of competent authority, including “social distancing as per Directive No. 16/CT-TTg dated March 31, 2020 of Prime Minister” or situated within “areas under medical quarantine for COVID-19 epidemic management”.

Due to complicated and unpredictable nature of the epidemic, policies must be understood and applied in each administrative division on a creative, flexible, and active basis to meet epidemic management affairs in each administrative division and support must be implemented quickly and adequately for local workers and beneficiaries.

The Ministry hereby requests Department of Labor – War Invalids and Social Affairs to direct implementation as per guidelines to assist the general public and enterprises during implementation of the Resolution./.