Covid-19 not only affects the health of people but also the work and salary of employees. This article will mention the arising issues that business owners and employees are concerned about salary during the Covid-19 epidemic.
According to the provisions of Article 95 of the Labor Code 2019 on the salary payment of to employees:
“Article 95. Salary payment
The employer pays the employee based on the agreed salary, labor productivity, and quality of work performance.”
Thus, the payment of salary to employees is based on the agreed salary, productivity, and quality of work performance, not on the working location. If the employee's productivity and work quality are the same or better working at the office, the employer does not have the right to reduce the employee's salary but must pay the employee's salary in full as agreed.
The principle of paying salary to employees is implemented in accordance with the provisions of Article 94 of the Labor Code 2019, specifically:
Employers must pay wages directly, fully, and on time to employees.
Thus, employers are obliged to pay wages on time to employees. In case of force majeure, the employer can pay salary late but not exceeding 30 days.
Note: If the salary payment is delayed for 15 days or more, the employer must compensate the employee an amount at least equal to the interest of the late payment calculated at the interest rate on mobilizing deposits with a term of 1 month set by the bank where the employer opens the bank account for employees announced at the time of salary payment.
According to Clause 1, Article 94 of the Labor Code 2019, in case an employee cannot receive salary directly, the employer can pay the salary to the person who is legally authorized by the employee. In addition, if the employee cannot directly receive his/her salary in cash, the enterprise may pay the salary via a bank account as prescribed in Clause 2, Article 96 of the Labor Code 2019.
Pursuant to Article 99 of the Labor Code 2019, the salary for stop working is as follows:
In case of having to stop working, the employee is paid as follows:
1. If it is the fault of the employer, the employee is paid in full according to the labor contract;
2. If it is the fault of the employee, he or she is not paid; other employees in the same unit who have to stop working shall be paid at the rate agreed upon by the two parties but must not be lower than the minimum wage;
3. If because of electricity or water problems that are not due to the fault of the employer or due to natural disasters, fires, dangerous diseases, relocate the operation located at the request of competent state agencies or for economic reasons, the two sides agree on the salary to stop working…”
Thus, the payment of stoppage to employees will be done as follows:
In case the employee stops working due to concentrated isolation, social distancing, or blockade at the request of the competent authority, the salary of the employee during the period of suspension will be agreed upon according to the following provisions:
+ In case of stopping work for 14 working days or less, the agreed-upon stoppage salary is not lower than the minimum wage;
+ In case of having to stop working for more than 14 working days, the salary for termination of work shall be agreed upon by both parties but must ensure that the salary for stopping work in the first 14 days is not lower than the minimum salary.
The regional minimum salary in 2021 (applied according to Decree 90/2019/ND-CP):
- Enterprises operating in Region I: 4.420.000 dong/month.
- Enterprises operating in Region II: 3.920.000 dong/month.
- Enterprises operating in Region III: 3.430.000 dong/month.
- Enterprises operating in Region IV: 3.070.000 dong/month.