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After the Lunar New Year, Vietnam is currently seeing a huge surge of Covid-19 cases unlike ever before. The number of cases and death skyrocketing day by day, creating records that nobody wants to see. However, with so many employees having to quit due to becoming infected with the coronavirus, the question about the salary regime, as well as other related issues such as time off, support for the F0, etc. have been searched for answers many times. This article will answer one of those questions, specifically regarding the time off for employees who are infected with the Covid-19 disease in Vietnam.
According to the Labor Law in Vietnam, employees who are infected with the Covid-19 disease can apply for leave legitimately through the following cases:
- Leave for sickness benefits;
- Annual leave;
- Agreement on unpaid leave.
Each case will have a different time-off period.
Sickness benefits
According to Article 25 of the Law on Social Insurance 2014, employees infected with Covid-19 and certified by a competent medical examination and treatment establishment are entitled to a sickness regime.
The benefit period will be based on the certificate of leave for social insurance or hospital discharge (including the time the doctor appoints to take extra leave if any). However, the time off will be limited to the maximum number of days in 01 years. Article 26 of the Law on Social Insurance states:
- For employees working under normal conditions, this period is 30 days, if they have paid social insurance premiums for under 15 years; 40 days, if they have paid social insurance premiums for between full 15 years and under 30 years; or 60 days, if they have paid social insurance premiums for full 30 years or more;
- For employees doing heavy, hazardous or dangerous occupations or jobs extremely heavy, hazardous or dangerous occupations or jobs on the list issued by the Ministry of Labour – Invalids and Social Affairs, or working in areas with a region-based allowance coefficient of 0.7 or higher, this period is 40 days, if they have paid social insurance premiums for under 15 years; 50 days, if they have paid social insurance premiums for between full 15 years and under 30 years; or 70 days, if they have paid social insurance premiums for full 30 years or more.
In addition, after the end of the sick leave period, when the employee returns to work if, within the first 30 days, the employee’s health has not recovered, the employee is also entitled to the convalescence and health rehabilitation regime.
Pursuant to Article 29 of the Law on Social Insurance, the period of leave to enjoy the convalescence and health rehabilitation regime, in this case, will be decided by the employer and the grassroots trade union executive committee.
Thus, the infected with the Coronavirus, in this case, can take sick leave for up to 75 days, provided that they engage in social insurance premiums for full 30 years or more.
Annual leave
Every employee working in Vietnam are entitled to at least 12 days of annual leave in normal circumstance.
According to Clause 1, Article 113 of the Labor Code 2019, an employee who has worked for full 12 months is entitled to the number of leave days as follows:
a) 12 working days for employees who work in normal working conditions;
b) 14 working days for employees that are minors, the disabled, employees who do laborious, toxic, or dangerous works;
c) 16 working days for employees who do highly laborious, toxic, or dangerous works.
In addition, for every full 5 years of working for the enterprise, the employee is also entitled to 1 additional day of leave.
In case the employee has worked for less than 12 months, the number of leave days will be calculated in proportion to the number of working months.
Following the Labor Code, if the employees are infected with the Covid-19 virus and needed to leave, they can request and negotiate with the employer to give them 12-16 days off full salary.
Unpaid leave
If all the time off for enjoying sickness benefits is over, along with the annual leave, the employee has no other choice but to negotiate with the employer about an unpaid leave.
This must be done in the circumstance that the employee has caught a dangerous Covid-19 virus that forces them to take medical assistance at all times and can’t be working.
As the law does not limit the maximum time off for unpaid leave, the employee can negotiate with the employer about the time off, even for an entire year until the employee’s health can satisfy the working requirement.
ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.
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