Due to the impact of COVID-19 pandemic, many enterprises and production facilities had to temporarily suspend the performance of employment contracts of their employees. Many readers have wondered if the temporary suspension of employment contract and unpaid leave are identical or different.
Through this article, we will help readers find out the answer.
Similarities:
- In essence, temporary suspension of employment contract and unpaid leave are both suspending a employment contract for a certain period of time for a certain reason as prescribed by law.
- Employers do not have to pay wages.
Differences:
Temporary suspension of employment contract | Unpaid leave | |
Applicable cases |
(Article 30 of the Labor Code 2019) |
(Article 115 Labor Code 2019) |
Consequences to the term of the employment contract | The period of temporary suspension of employment contract shall not be included in its term. | The period of unpaid leave shall be included in the term of the signed employment contract. |
Upon the expiry date of temporary suspension/unpaid leave |
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Fine range applied for violations | A fine of between VND 03 – 07 million if the employer does not let the employee get back to work after the expiry date of temporary suspension unless otherwise agreed.
(Article 10.2.b of Decree No. 28/2020/ND-CP) |
A fine of between VND 2 – 5 million if the employer does not allow the employee to take unpaid leave in accordance with the law.
(Article 17.1.a of Decree 28/2020/ND-CP) |
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