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 places" requirements of the enterprise, the employees and the enterprise shall agree to most to determine in one of the ways: stop working, suspend the contract, terminate the contract...

According to Mr. Nguyen Tien Kiet (Binh Duong), the employee had time to perform "3 on the spot", but then did not continue to do so because the illness was not treated in time, and the business still continue this pattern.

For this group of workers, the Department of Labor, War Invalids and Social Affairs of Binh Duong province does not consider any group of beneficiaries to be supported under Decision No. 23/2021/QD-TTCP, meanwhile, Khanh province Consider whether this group of workers is eligible for support under Chapter IV or V (depending on the case).

Mr. Kiet suggested that the competent authority should have clearer guiding documents so that the locality has a basis for uniform application on a national scale, avoiding many different interpretations between localities and between levels. government.

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 has just issued Official Letter 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 disagree with the accommodation plan according to the "3 on-site" 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 termination policy when fully meeting the conditions under Chapter V (Articles 17 to 20) of Decision 23/2021/QD-TTg.

- Agree with the employee to suspend the labor contract under Point h, Clause 1, Article 30 of the Labor Code or the two parties agree to take unpaid leave according to 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.