Leaving work while the company implements "3 on the spot", how to get the benefits?
Ms. Nguyen Le Da Thao (HCMC) works at the company and participates in social insurance. Because of the COVID-19 epidemic, she was unable to perform "3-on-the-spot" work with the company, so she agreed to take a leave of absence from August 9, 2021 until now.
The company said that it will make an application for Ms. Thao to receive support under Resolution No. 68/NQ-CP, but so far, she has not received it. Ms. Thao complained to the company and was told that, according to Resolution No. 68/NQ-CP, the business is required to stop operating before it can be approved for employees, so her application was not approved.
Thao asked, is the company's answer correct? What do you need to do to get your right?
In this regard, the Ministry of Labor, War Invalids and Social Affairs replied as follows:
On August 25, 2021, the Ministry of Labor, War Invalids and Social Affairs issued Official Letter No. 2844/LDTBXH-PC guiding some problems in the implementation of labor policies.
Accordingly, for enterprises that organize production according to the motto "3 on the spot" but there are some employees who do not agree with the accommodation plan according to the "3 on the spot" requirements of the enterprise, the employees and Enterprises agree to determine in one of the ways:
- Enterprises allow workers to stop working and pay stoppage wages to employees according to the provisions of Clause 3, Article 99 of the Labor Code.
In this case, the employee is supported with the policy of stopping work when fully meeting the conditions under Chapter V (Articles 17 to 20) of Decision No. 23/2021/QD-TTg.
- Agree with the employee to suspend the labor contract according to Point h, Clause 1, Article 30 of the Labor Code or the two parties agree to take unpaid leave under Clause 3, Article 145 of the Labor Code.
- Other cases as prescribed by labor law such as: Agreement on termination of labor contract under Clause 3, Article 34 of the Labor Code; exercise the right to unilaterally terminate the labor contract with the employee according to Point c, Clause 1, Article 36 of the Labor Code.
By: Translator: LeAnh-Bizic
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