1. Cases of temporary suspension of the performance of labor contracts according to the labor law

Pursuant to Clause 1, Article 30 of the Labor Code 2019, cases where the employer and the employee suspend the labor contract include:

The employee performs the military service, the obligation to join the Militia and Self-Defense Force;
Employees are held in custody or temporary detention in accordance with the law on criminal procedures;
The employee must comply with the decision to apply the measure of sending to a reformatory, compulsory detoxification establishment or compulsory education institution;
The female employee is pregnant and has a certification from a competent medical facility that continuing to work will adversely affect the fetus;
The employee is appointed as an enterprise manager of a one-member limited liability company in which 100% of charter capital is held by the State;
The employee is authorized to exercise the rights and responsibilities of the state owner’s representative for the state capital in the enterprise;
The employee is authorized to exercise the rights and responsibilities of the enterprise with respect to the capital portion of the enterprise invested in another enterprise;
Other cases agreed upon by the employer and the employee.

2. Legal consequences of temporary suspension of labor contract

Pursuant to Clause 2, Article 30 of the Labor Code 2019, during the period of suspension of the labor contract, the employee is not entitled to the salary and rights and benefits signed in the labor contract, unless otherwise agreed. or otherwise provided by law.

3. Resume labor contract after suspension

Pursuant to Article 31 of the Labor Code 2019, within 15 days from the end of the suspension period, the employee must be present at the workplace and the employer must accept the employee back to work. under the signed labor contract if the labor contract is still valid, unless otherwise agreed by the two parties or provided for by law.

In case the employee is not present at the workplace in accordance with the above provisions, based on Point d Clause 1 Article 36 of the Labor Code 2019, the employer will have the right to unilaterally terminate the labor contract with the employer. workers.

Article 36. The employer’s right to unilaterally terminate the labor contract

1. The employer has the right to unilaterally terminate the labor contract in the following cases:

…

d) The employee is not present at the workplace after the time limit specified in Article 31 of this Code;

Above is the advice of Khoa Tin Law on “Regulations on temporary suspension of labor contracts”

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Best regards./.