Resolution 06/NQ-DCT 2023 support employees subject to termination of labor contracts due to decrease in orders of enterprises

RESOLUTION

Of the Presidium of the Vietnam General Confederation of Labor on supporting trade union members and employees subject to reduction of working periods or termination of labor contracts due to the decrease in the number of orders of enterprises

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From September 2022, many enterprises under cutting or reduction of orders have faced difficulties, leading to a large number of trade union members and employees subject to reduction of working periods or termination of labor contracts, seriously affecting their employment, incomes and lives and their families.

Regarding with the above-mentioned situation, implementing the Prime Minister’s Official Dispatch No. 1170/CD-TTg dated December 16, 2022 on measures to stabilize, develop a flexible, efficient, sustainable labor market and take care of workers’ lives, pursuant to the Report of the Standing Committee of the Presidium of the Vietnam General Confederation of Labor on supporting trade union members and employees subject to reduction of working periods or termination of labor contracts, the Presidium of the Vietnam General Confederation of Labor agrees on the implementation of policies to support trade union members and employees subject to reduction of working periods or termination of labor contracts due to the decrease in the number of orders of enterprises as follows:

I. OBJECTIVES, PRINCIPLES

1. Objectives

To support trade union members and employees subject to reduction of working periods or termination of labor contracts who have worked in enterprises and cooperatives having paid funds for trade union activities before September 30, 2022 in order to share their difficulties.

2. Principles

a) The support must be given properly to the right subjects, ensuring publicity and transparency, avoiding profiteering.

b) Define criteria and conditions for trade union members and employees to easily access and benefit from the trade union's support policies.

c) Each trade union member or employee is entitled to a one-time support in cash.

d) In case trade union members and employees are eligible for many different support policies under this Resolution, they shall only be entitled to the policy with the highest level of support.

dd) In case trade union members and employees have been entitled to a low level of support policy, and then are converted to subjects entitled to a higher level of support, they shall additionally enjoy the difference between the two support levels.

e) In case trade union members and employees are eligible for support under this Resolution but they have received a similar support from trade unions at all levels before the effective date of this Resolution with a support level that is lower than the one specified in this Resolution, they shall additionally enjoy the difference between the two support policies.

g) Employees who are not trade union members shall be entitled to a support level equal to 70% of the support level applicable to employees being trade union members.

g) Employees who are not trade union members but are female employees aged full 35 years or older, pregnant female employees, employees who are raising a natural or adopted child or providing the alternative care for a child under 6 years of age (the support shall be given only for 01 person who is the child’s mother or father or alternative caregiver) shall be entitled to the same level of support that a trade union member enjoys.

h) Funds for support of trade union members and employees shall be paid from the financial source of higher-level trade unions as follows:

- The immediate higher-level trade unions are assigned to make expenditures from the reserve fund and use the existing regular operation fund for support; in case the immediate higher-level trade unions cannot balance their funding, Labor Confederations of provinces and cities; Trade Unions of sectors at the central level and equivalents; Trade Unions of Corporations affiliated to the Vietnam General Confederation of Labor shall allocate funding compensations for the immediate higher-level trade unions.

- Labor Confederations of provinces and cities; Trade Unions of sectors at the central level and equivalents; Trade Unions of Corporations affiliated to the Vietnam General Confederation of Labor that have a regular operation fund balance at level 2 and level 3 up to the time of support payment of less than VND 15 billion shall report to the Standing Committee of the Presidium of the Vietnam General Confederation of Labor for consideration of support.

II. SUPPORT

1. Support trade union members subject to working period reduction or work suspension

Employees being trade union members that work under labor contracts, and are subject to reduction of the daily working time, or working days in a week or a month (except for cases subject to reduction of overtime periods) or work suspension under Clause 3 Article 99 of the Labor Code for 14 days or more during the period from October 01, 2022 to the end of March 31, 2023, with an income of any one month equal to or lower than the region-based minimum wage level as prescribed in the Government's 38/2022/ND-CP dated June 12, 2022 prescribing minimum wage levels applicable to employees working under labor contracts shall be entitled to a lump-sum support of VND 1,000,000/person.

2. Support trade union members subject to suspension of labor contracts or unpaid leave

In case employees being trade union members have a period of suspension of labor contracts or unpaid leave within the term of their labor contracts of 30 consecutive days or more (unless employees suspend their labor contracts or take unpaid leave due to personal reasons), from October 01, 2022 to the end of March 31, 2023 and the suspension of labor contracts or unpaid leave starts from October 01, 2022 to the end of March 31, 2023, the employees shall receive a lump-sum support of VND 2,000,000/person.

3. Support trade union members subject to termination of labor contracts and not eligible for unemployment allowance

Employees being trade union members that terminate their labor contracts from October 01, 2022 to the end of March 31, 2023 (except for cases where employees unilaterally terminate their labor contracts illegally or are dismissed as a form of discipline, the probation agreed in the labor contract is unsatisfactory or either party cancels the probation agreement or employees are on pension or monthly working capacity loss allowance) but that are not eligible for unemployment allowance shall be entitled to a lump-sum support of VND 3,000,000/person.

III. ORGANIZATION OF IMPLEMENTATION

1. The Permanent Deputy President of the Presidium shall:

a) Based on this Resolution, issue a Decision to implement support policies for trade union members and employees. The time limit for receipt of dossiers is the end of March 31, 2023. The time limit for completion of procedures for supporting trade union members and employees is May 30, 2023.

b) Direct departments of the Vietnam General Confederation of Labor to inspect, urge and guide the implementation of the Resolution, promptly advise solutions to remove difficulties arising during the implementation.

c) Report to the Presidium of the Vietnam General Confederation of Labor on the results of the implementation of this Resolution.

2. Labor Confederations of provinces and cities, Trade Unions of sectors at the central level; Trade Unions of Corporations affiliated to the Vietnam General Confederation of Labor shall:

a) Proactively use resources of localities and units, direct the implementation of policies under this Resolution and related implementation documents; monthly result report.

b) Assume the prime responsibility for determining and approving the list of beneficiaries and funding for support of trade union members and employees under this Resolution; organize the implementation in order that the support shall be timely given to the right subjects, ensuring publicity and effectiveness, avoiding profiteering.