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Employees quit their jobs without any plausible reason for 5 consecutive working days or more and are not entitled to severance pay from 1-2-2021 – Photo: HQ
Decree 145/2020 / ND-CP that details and guides the implementation of a series of articles of the Labor Code on labor conditions and relations.
The decree establishes that employers are responsible for paying severance pay in accordance with the provisions of article 46 of the Labor Code for employees who have worked for them for 12 months or more on a regular basis when the contract The work ends under the provided in article 34 of the Labor Code, except in the following cases:
– The employee is entitled to a pension in accordance with the provisions of article 169 of the Labor Code and the social security law.
– The employee voluntarily resigned from his job without a plausible reason for 5 or more consecutive working days as prescribed in article 36 of the Labor Code. The case is considered to have a plausible reason as prescribed in article 125 of the Labor Code.
In addition, the employer is responsible for paying the job loss allowance in accordance with the provisions of article 47 of the Labor Code to the employee who has worked for him for 12 months or more regularly. loss of employment as prescribed in article 34 of the Labor Code.
In case the employee has regularly worked for the employer for 12 full months or more and has lost his job, but the working time used to calculate the job loss allowance is less than 24 months, the employer has Responsibility to pay benefits for loss of employment to employees equal to at least 2 months of salary.
The Decree also specifies that expenses to pay layoff allowances and job loss allowances for employees are accounted for as production costs, business costs, or employer operating costs.
