Enterprises affected by Covid-19: How to calculate the regime for employees?

If an employee is determined to be infected with Covid-19, he or she will receive free treatment. In cases where a patient is suspected of being infected with Covid-19, if the test results are negative, the patient will payhealth insurance as prescribed. Source: Internet.

When an enterprise goes bankrupt, stagnates, suspends its operation, or works when it is isolated due to epidemic, how is the regime implemented?

Not lower than the minimum wage

According to a report of the General Statistics Office, in the first two months of 2020, there were nearly 16,200enterprises temporarily ceasing their business with definite term, up 19.5% over the same period last year. The number of enterprises ceasing operation pending dissolution procedures was 9,400, decreasing by 31.4%; the number of enterprises completing dissolution procedure was 2,800, down 11.1%.

According to the General Department of Statistics, in February, there was the Covid-19 epidemic, the forecasted sectors most affected were aviation, tourism, hotels.

In the face of difficulties, many businesses have proposed management agencies to support and remove difficulties for enterprises, including payment of salaries and social insurance for laborers.

Talking to reporters of Customs Newspaper, Lawyer Nguyen Cong Thanh said that according to the provisions of the 2012 Labor Code, the implementation of payment of wages to employees when enterprises are forced to suspend operations or dissolve will be in compliance with the provisions of Article 98.

Specifically, in the case of job discontinuation, if the employer is at fault, the employee will be paid in full.

If it is the employee's fault, he or she is not paid; other laborers in the same unit who have to stop working shall be paid a salary agreed by the two parties but not lower than the regional minimum wage set by the Government.

“In the event thatit is caused by an incident of electricity or water but not the fault of the employer or the employee or to other objective causes such as natural disasters, fires, dangerous epidemics, enemy sabotage, relocation of operation at the request of a competent state agency or for economic reasons, the termination wage shall be agreed upon by the two parties but must not be lower than the regional minimum wage level prescribed by the Government," lawyer Nguyen Cong Thanh added.

Isolated people still enjoy social insurance

For cases where employees were forced to implement medical isolation against Covid-19, Vietnam Social Insurance recently proposed the Ministry of Labor, Invalids and Social Affairs to agree on those subject to medical isolation in order to prevent epidemics under decisions of competent agencies entitled to the sickness regime prescribed for medical isolation.

Regarding dossiers for entitlement to sickness benefits for people with medical isolation, including: cases of inpatient treatment (hospital discharge papers); in case of outpatient treatment (a certificate of leave for enjoying Social Insurance) or a hospital discharge certificate indicated by the medical practitioner, the treating doctor gives him an extra leave after the inpatient treatment period. Medical documents that do not have infectious diseases are not permitted.

In case of isolation at afacility (outside aprivate house), the facility that is carrying out medical isolation is responsible for granting the certificate of time of medical isolation for the person subject to medical isolation measures serving as a basis for enjoying the regimes prescribed in the Labor Code, the Law on Social Insurance and guiding documents (if any).

In case of home isolation, Vietnam Social Insurance proposes the Ministry of Health to allow the Health Station of the commune, ward or township where the employee resides based on the list of cases where measures must be applied the medical isolation at home approved by the head of the commune-level Steering Committee for Anti-epidemic shall issue a certificate of leave for enjoying social insurance for employees as a basis for settling the sickness regime as prescribed.

As such, workers who are identified as infected with Covid-19 will receive free treatment. In cases where a patient is suspected of being infected with Covid-19, if the test results are negative, the patient will be paid Health Insurance as prescribed.

Regarding payment of health insurance for patients suspected of being infected, Vietnam Social Insurance has issued a written request to the Social Insurance of provinces and cities to actively coordinate with the Department of Health and examination facilities, disease, medical treatment in the area to create the most favorable conditions for patients with health insurance cards to timely examine, treat or transfer medical examination and treatment services when they are suspected of being infected with Covid-19.