06 important notes for businesses during the Covid-19 epidemic

10:19:4311/08/2021

1. Enjoy many business support policies

2. Must carry out many procedures related to supporting employees in Resolution 68:

3. Be able to carry out many Covid-19 support procedures online

4. Enterprises temporarily suspending business because of the Covid-19 epidemic need to carry out notification procedures:

5. Arbitrarily reducing an employee's salary can be fined up to 50 million Dong

6. Late payment of wages to employees will result in additional interest being paid

06 important notes for businesses during the Covid-19 epidemic
1. Enjoy many business support policies
In Resolution 68/NQ-CP, businesses are supported with many policies to help them overcome difficulties during the epidemic. Businesses need to pay attention and implement procedures to ensure their rights.
*Policy to reduce insurance premiums for labor accidents and occupational diseases
Accordingly, employers are allowed to apply a contribution rate of 0% of the salary fund as a basis for social insurance contributions to the Occupational Accident and Worker Disease Insurance Fund for 12 months (from July 1, 2021 to June 30). /2022) for employees subject to the occupational accident and occupational disease insurance regime (except for cadres, civil servants, public employees, people in the people's armed forces, employees in agencies of the Party, State, and other agencies). administrative units, public service units receive salaries from the state budget).
*Policy of temporarily suspending contributions to the retirement and death fund
With this policy, employers are allowed to temporarily suspend contributions to the retirement and survivorship fund for 6 months from the time of submitting the application.
For cases that have been resolved to temporarily suspend payment according to Resolution 42/NQ-CP dated April 9, 2020 and Resolution 154/NQ-CP dated October 19, 2020 of the Government, if the conditions are met, you can still receive payment. resolved but the total suspension period must not exceed 12 months.
*Policies to support training to maintain jobs for workers
Employers are supported with funding for training, fostering, and improving vocational skills from the Unemployment Insurance Fund when meeting the conditions. The maximum support level is 1,500,000 VND/employee/month and the maximum support period is 06 months.
* Loan policy to pay wages for stopping work, pay wages to restore production
- Loans to pay job stoppage wages: Employers can borrow money from the Bank for Social Policies at a 0% interest rate and do not have to take measures to secure the loan to pay job stoppage salaries to employees.
The maximum loan amount is equal to the regional minimum wage for the number of employees with a maximum actual stoppage payment period of 03 months. Loan term is less than 12 months.
- Loans to pay salaries to restore production: can borrow capital from the Social Policy Bank with 0% interest rate and do not have to take measures to secure the loan to pay salaries to employees working under labor contracts. and are participating in mandatory social insurance.
2. Many procedures must be carried out related to supporting employees in Resolution 68:
In addition to implementing policy procedures for businesses. Enterprises must also carry out many procedures stated in Resolution 68 to support employees, including:
- Procedures for receiving support for employees temporarily postponing the implementation of labor contracts,
- Procedures for receiving support for employees taking unpaid leave
Procedures for receiving support for employees who stop working
Thus, the above procedures must be carried out by the enterprise, not by the employee.
3. Be able to carry out many Covid-19 support procedures online
In Official Dispatch 2582/LDTBXH-VP, many support procedures are announced online, including:
- Support employees to suspend labor contracts and take unpaid leave;
- Support employers to borrow capital to pay wages for work stoppages, pay wages to restore production;
- Support workers who stop working;
- Temporarily stop paying into the retirement and survivorship fund.
Thus, businesses facing difficulties due to Covid-19 can complete procedures for support on the National Public Service Portal by accessing the address https://ncovi.dichvucong.gov.vn/... /dvc-ncovid-list-list...
4. Enterprises temporarily suspending business due to the Covid-19 epidemic need to carry out notification procedures:
According to Clause 1, Article 206 of the Law on Enterprises 2020, enterprises must notify the Business Registration Authority in writing at least 03 working days before the date of temporary suspension of business or resumption of business before the notified deadline.
Also according to Clause 1, Article 66 of Decree 01/2021/ND-CP, in case an enterprise wishes to continue to temporarily suspend business after the end of the notified period, it must notify at least 03 working days before the continue to suspend business.
In addition, if you do not follow the correct declaration procedures, you will be penalized according to Article 32 of Decree 50/2016/ND-CP as follows:
- Failure to notify or not notify on time to the business registration agency about the time and duration of business suspension or resumption: 01 - 02 million VND.
- Registering temporary suspension of business without notice of temporary suspension of branch, representative office, business location: 01 - 02 million VND.
In addition, the Business Registration Certificate was revoked (Suspended business operations for more than 1 year).
5. Arbitrarily reducing an employee's salary can result in a fine of up to 50 million Dong
Salary payment must be guaranteed fully and on time to employees. In case an enterprise arbitrarily reduces employee wages, it will be considered a violation of the law.
With this action, the enterprise will be subject to administrative sanctions according to Clause 2, Article 16 of Decree 28/2020/ND-CP for not paying or not paying enough wages to employees as agreed in the labor contract. dynamic. Specifically:
- Fine from 05 - 10 million VND: Violations from 01 person to 10 workers.
- Fine from 10 - 20 million VND: Violations from 11 to 50 workers.
- Fine from 20 - 30 million VND: Violations from 51 to 100 workers.
- Fine from 30 - 40 million VND: Violations from 101 to 300 workers.
- Fine from 40 - 50 million VND: Violations by 301 or more workers.
In addition, the enterprise is also subject to the remedial measure of having to pay the full salary plus interest on the underpaid salary to the employee calculated according to the highest interest rate on demand deposits of the companies. announced by the state-owned commercial bank at the time of sanction.
6. Paying salaries to employees late will incur additional interest
According to Clause 4, Article 97 of the 2019 Labor Code, it is stipulated:
*In case due to force majeure the employer has tried all remedies but cannot pay wages on time, the delay must not exceed 30 days; If salary is paid late for 15 days or more, the employer must compensate the employee with an amount at least equal to the interest on the late payment calculated according to the 1-month term deposit interest rate due to the delay. The bank where the employer opens the salary account for the employee is announced at the time of salary payment.
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CPA HCM AUDIT & ADVISORY COMPANY LIMITED
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