Is the agreed leave of absence supported due to the impact of COVID-19?
Ms. Vu Linh (Hanoi) terminated her labor contract at the company in December 2021. At that time, the Hanoi city does not apply Directive No. 16/CT-TTg, the company is on the list of industries related to medical equipment. The company and Ms. Linh agreed to terminate her contract.
Ms. Linh asked, is she entitled to the benefits of termination of the labor contract but not yet eligible for unemployment benefits under the Government's Resolution No. 68/NQ-CP?
Department of Labor, War Invalids and Social Affairs of Hanoi City responded to this question as follows:
Currently, the Hanoi City People's Committee is implementing a number of policies to support those affected and facing difficulties due to the COVID-19 pandemic, including:
Decision No. 3642/QD-UBND dated July 21, 2021 of the Hanoi City People's Committee stipulates support for employees who terminate labor contracts but are not eligible for unemployment benefits, employees who stop working, suspend the performance of labor contracts, take unpaid leave, employees who do not have a labor contract lose their jobs (self-employed)… implement Decision No. 23/2021/QD-TTg.
According to Article 21 of Decision No. 23/2021/QD-TTg: "Employees working at enterprises... must stop operating at the request of competent state agencies to prevent and control the COVID-19 epidemic in the period from May 1, 2021 to the end of December 31, 2021 is supported when the following conditions are met:
1. Being participating in compulsory social insurance in the month preceding the time the employee terminates the labor contract.
2. Terminate the labor contract from May 1, 2021 to the end of December 31, 2021 but ineligible for unemployment benefits, except for the following cases:
a) The employee unilaterally terminates the labor contract illegally.
b) To enjoy monthly pension and allowance for loss of working capacity.
Based on the above conditions, Ms. Linh's case is not eligible for benefits as prescribed.
According to the Government Newspaper
By: Translator: LeAnh-Bizic
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