Cases of temporary suspension of labor contracts

Regulations on temporary suspension of labor contracts are regulated to meet the needs of workers and businesses. In some cases, suspending the contract is necessary for the purposes of the opposing party. In order to postpone the contract to benefit both parties, this article by Long Phan brings readers all related issues.

When will the labor contract be suspended?

Suspension of a labor contract is a measure to temporarily stop exercising the rights and obligations of the parties in the labor relationship. Pursuant to Clause 1, Article 30 of the Labor Code 2019 stipulates cases of temporary suspension of labor contracts implementation, including:

• Employees performing military service or participating in the Militia and Self-Defense Force.
• The employee is temporarily detained or detained according to criminal procedure laws.
• The employee must comply with the decision to be sent to a reformatory, a compulsory detoxification facility, or a compulsory education facility.
• Pregnant female workers are entitled to a temporary postponement if there is medical confirmation of adverse effects on the fetus when continuing to work.
• The employee is appointed as a manager of a state-owned enterprise with 100% charter capital.
• Employees are authorized to exercise the right to represent the state owner at the enterprise.
• The employee is authorized to exercise the enterprise’s rights to capital invested in another enterprise.
• Other cases agreed upon by both parties.

Accurately identifying cases of temporary suspension helps employees and employers properly exercise their rights and obligations, avoiding violations of labor law. At the same time, this also creates a legal basis to resolve disputes arising related to the suspension of labor contracts.

Responsibilities of the parties in the temporary suspension of labor contracts

Responsibilities of the employer in the temporary suspension of labor contracts

Article 31 of the Labor Code 2019 stipulates the employer’s responsibilities when suspending a contract. Employers have important legal obligations to ensure employees’ rights after the temporary suspension period.

• According to regulations, within 15 days from the end of the temporary suspension period, the employer must accept the employee back to work according to the signed contract, if the contract is still valid.
• In case the old job cannot be arranged, the two parties must agree on a new job and amend, supplement or sign a new labor contract.

This obligation ensures that employees can continue to work after the temporary suspension period, avoiding job loss. At the same time, this regulation also creates a legal basis for employees to request protection of their rights if the employer violates.

Responsibilities of employees in the temporary suspension of labor contracts

Article 31 of the Labor Code 2019 also clearly stipulates the responsibilities of employees when suspending contracts. Employees have important legal obligations to ensure continued performance of the contract after the cooling-off period.

• According to regulations, within 15 days from the end of the suspension period, employees must be present at the workplace.
• In case the employee cannot be present on time, the employee must agree with the employer on the time of attendance.

This obligation ensures that employees comply with their contractual commitments, avoiding the situation of voluntarily quitting their jobs. This regulation also creates a legal basis for employers to require employees to fulfill their obligations or terminate the contract if violated.

For pregnant female workers, Article 138 of the Labor Code has special regulations. Pregnant female employees have the right to suspend the contract if there is medical confirmation of adverse effects on the fetus when continuing to work. The delay period is agreed upon by both parties but must be at least equal to the medically prescribed leave period.

Handling when the employer does not take back the employee after the end of the period of temporary suspension of labor contracts

Labor conciliation

Article 188 of the Labor Code 2019 regulates procedures for resolving individual labor disputes. Accordingly, disputes about not re-employing workers after temporary contract suspension can be resolved by a labor conciliator before requesting resolution by the Labor Arbitration Council. The parties must conduct conciliation procedures. settlement with the participation of a labor conciliator. However, some dispute cases are exempt from mandatory conciliation procedures, including:

• Disputes over labor discipline in the form of dismissal or unilateral termination of labor contracts
• Disputes over compensation for damages and benefits upon termination of labor contracts
• Disputes between domestic workers and employers
• Disputes over social insurance, health insurance, unemployment insurance, labor accident and occupational disease insurance
• Disputes over compensation between workers and businesses sending workers to work abroad
• Disputes between subleased workers and subleased employers

Request the Labor Arbitration Council to resolve

Article 189 of the Labor Code 2019, if the conciliator fails to conciliate or in cases where the conciliation time limit has expired but the conciliator has not yet conducted conciliation, the parties can request the Labor Arbitration Council to resolve the matter. Asking the Labor Arbitration Council to resolve the dispute helps the parties have an additional mechanism to resolve disputes outside of court, saving time and costs compared to suing in court.

File a lawsuit at the People’s Court for settlement

In addition to requiring the Labor Arbitration Council, Article 188 of the Labor Code 2019 also stipulates the right of parties to sue in court in a dispute over unilateral termination of a labor contract. Failure to rehire an employee after a temporary suspension can be considered a form of illegal unilateral termination of the contract.

When filing a lawsuit in court, the parties do not need to conduct conciliation procedures first. This helps shorten the time to resolve disputes, especially in complicated cases that require a Court decision.

Filing a lawsuit in court ensures access to justice for all parties, especially employees. The Court’s ruling has higher legal value than the decision of the Labor Arbitration Council, creating a solid basis to protect the legal rights of the parties.

Consulting services and support for temporary suspension of labor contracts implementation.

Temporary suspension of labor contracts is one of the complex legal issues that businesses and individuals often encounter. The decision to suspend the labor contract needs to be made based on the agreed terms and must comply with the law. To help customers overcome these challenges, the labor contract suspension consulting and support service was born to provide optimal solutions and protect the interests of relevant parties.

• Consulting on conditions and cases of temporary suspension of labor contracts
• Support in preparing the content of documents to suspend labor contracts.
• Representing the business in the process of working with employees; Representing employees in the process of working with businesses.

Long Phan provides consulting services and supports you throughout the entire process of suspending labor contracts. If you need detailed advice on cases of labor contract suspension, please contact the hotline 0906735386 for support. Our team of experts will specifically analyze your case and propose the most suitable solution.