In the context of disease outbreak, Vietnam is controlling by providing 14-day medical isolation for people who have had close contact with an infected case or a suspected case. They have many questions about getting paid when they have to be absent from work because of isolation.
The following is analyses of T2H Lawyers for this situation according to provision of the Labor law:
Clause 3 Article 98 of Labor Code 2012 stipulates:
“If due to power or water incidents rather than the fault of the employer, employees or for other objective reasons such as natural calamity, fire, dangerous epidemic, enemy sabotage, relocation of the operation place upon request of a competent state agency, or for economic reasons, the wage for work suspension must be agreed by the two parties but must not be lower than the regional minimum wage stipulated by the Government.”
According to the provisions of Decree No. 90/2019/ND-CP, the regional minimum wage in 2020 is stipulated: Region I: 4,420,000 VND/month; Region II: 3,920,000 VND/month; Region III: 3,430,000 VND/month; Region IV: The level of 3,070,000 VND/month.
=> Accordingly, people isolated due to Covid 19 still get paid when they have to be absent from work. The wage depends on the agreement but must be at least equal to the regional minimum wage.
Besides, people isolated due to Covid 19 are covered by social insurance when they have to be absent from work (for those who are participating in social insurance). Clause 1, Article 25 of Law on Social insurance provides conditions for enjoying the sickness regime:
“Employees who have to take leave due to sickness or accidents other than labor accidents, with the certification of a competent health establishment under the Ministry of Health’s regulations.”
Vietnam Social Security has just sent an office dispatch to the Ministry of Labor, War invalids and Social Affairs, Ministry of Health on settling the social insurance regime for employees isolated due to Covid 19.
According to Clause 1, Clause 2, Article 100 of the Law on Social insurance and Clause 1, Clause 2, Article 21 of Circular No. 56/2017/TT-BYT, the dossier for sickness regime includes:
- Inpatient treatment: discharge certificate
- Outpatient treatment: the certificate of leave under the social insurance regime or discharge certificate with the doctor’s direction for additional leave after the inpatient period
However, people who do not have infectious disease are not granted these documents.
- For the case of isolation at the establishment, the medical isolation establishment grants the certificate of medical isolation time. This is a basis for enjoying the regimes provided in the Labor Code, Law on Social insurance and guiding documents (if any).
- For the case of home isolation, the head of the commune-level Steering Committee for Anti-epidemic approves the list of cases where home isolation. Vietnam Social Security proposes the Ministry of Health to allow the commune-level Health Station where the employees reside base on it to grant certificates of leave under the social insurance regime.
Please contact us for detailed advice.
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