illustration
On January 16, Vietnam General Confederation of Labor issued
the Resolution on supporting the trade unionists and employees whose working
hours are reduced or labor contracts are terminated because the enterprises are
cut and reduced orders.
The Resolution was issued by Vietnam General
Confederation of Labor in the context that from September 2022 up to now, many enterprises
have met with difficulties due to the cut or reduced orders, leading to a large
number of trade unionists, employees have their working hours reduced, their
labor contracts terminated, seriously affecting jobs, incomes and the life of
many trade unionists, employees and their families.
The trade unionists and employees at the enterprises, co-operatives
who paid the trade union fees before September 30, 2022, whose working hours
are reduced or labor contracts are terminated are eligible for support.
Accordingly, the employees who are trade unionists working
under the labor contract regime, are reduced their daily working hours, reduced
the number of working days in a week or a month (except for the case of
reduction of overtime hours), or are suspended from work for 14 days or more
during the period from October 1, 2022 until March 31, 2023, have income in any
one month equal to or lower than the regional minimum wage as regulated in the Decree
No. 38/2022/ND-CP, are supported once with an amount of 1,000,000 VND/person.
The employees who suspend the performance of the labor
contract or take unpaid leave within the term of the labor contract from 30
consecutive days or more (except for the case where the employees suspend the
performance of the labor contract, take unpaid leave due to personal reasons),
from October 1, 2022 until March 31, 2023 and the time to start suspending the
performance of labor contract, taking unpaid leave from October 1 2022 until March
31, 2023, are supported once with an amount of 2,000,000 VND/person.
In the case that the employees who are the trade unionists
terminate the labor contract from October 1, 2022 until March 31, 2023 (unless
the employees unilaterally terminate the labor contract illegally, are disciplined
for dismissal, agreeing on the probation content stated in the labor contract
but the probation fails to meet the requirements or one party cancels the probation
agreement, gets pension, monthly incapacitation allowance) but are not eligible
for unemployment allowances, are supported once with an amount of 3,000,000
VND/person.
Vietnam General Confederation of Labor stated that the
support ensures the right beneficiaries, publicity and transparency, so that no
exploitation or profiteering occurs during the implementation. Each trade unionists
and employee is entitled to a one-time support in cash.
In the case that the trade unionists and employees are
eligible for many different support policies under this Resolution, they will
only be entitled to the policy with the highest level of support.
The trade unionists and employees who have been
entitled to a low level of support, then changed to the beneficiary of a higher
level of support, will continue to get the difference between the two levels of
support.
In the case that the trade unionists and employees are
eligible for support under this Resolution but have received similar support
from the trade union levels before the effective date of this Resolution with a
lower rate under this Resolution, continue to get the difference between the
two support policies.
The employees who are not trade unionists are entitled
to a support level equal to 70% of the support level for the employees who are trade
unionists.
The employees who are not the trade unionists but are
female employees from full 35 years old or older, pregnant female employees,
employees who are feeding biological or adopted children or taking care of
children under 6 years old (support for only 1 person who is mother or father
or substitute care person) are entitled to the same level of support as trade
unionists.
The expenditures for supporting the trade unionists
and employees are paid from the financial sources of the grassroots superior trade
union. Specifically, assign the grassroots superior trade union to make
expenditures from the reserve fund and use the existing regular operation fund.
If the grassroots superior trade union can not balance
the source, the Labor Confederation of the province, city; Central Sector Trade
Union and equivalent; The Trade Union of the Corporation directly under Vietnam
General Confederation of Labor shall make compensation for the grassroots superior
trade union.
The Labor Confederation of the province, city; Central
Sector Trade Union and equivalent; The Trade Union of the Corporation directly
under Vietnam General Confederation of Labor has a regular operating fund
balance at level 2 and level 3 up to the time of support payment less than 15
billion VND, report to the Standing Committee of the Presidium of Vietnam
General Confederation of Labor for consideration and support.
The deadline for receiving dossiers is March 31, 2023
at the latest, completing the support procedures for the trade unionists and
employees on May 30, 2023 at the latest.