Deputy Prime Minister Le Minh Khai has just signed and promulgated Resolution 126/NQ-CP of the Government. Resolution No. 126/NQ-CP dated October 08, 2021 of the Government amending and supplementing the Government’s Resolution No. 68/NQ-CP dated July 01, 2021, on policies to support employees and employers facing difficulties due to the COVID-19 pandemic
Policy on temporary suspension of contributions to retirement and survivorship funds
Clause II, Section 2, on the Temporary Suspension of Payments to the Retirement and Survivors Fund Policy, is amended and supplemented as follows: Employers who have fully paid social insurance (social insurance) or are temporarily suspending contributions to the retirement and survivorship fund until the end of January 2021 but are affected by the COVID-19 pandemic, leading to a reduction from 10 % of employees participating in social insurance or more compared to January 2021. (including the employee who stops working, suspends the performance of labor contract, agreement on unpaid leave), the employee and the employer are entitled to suspend payment to the retirement and survivorship fund for six months from the end of the contract application submission point.
Therefore, the conditions for enjoying the policy of temporary suspension of contributions to the retirement and survivorship fund have been loosened more than those of Resolution 68. (Resolution 68 stipulates the condition that the reduction of employees participating in social insurance is 15% or more compared to that of Resolution 68) as of April 2021.
Policies to support employees to suspend labor contracts and take unpaid leave
The policy on supporting employees to suspend labor contracts and take unpaid leave in Clause 4, Section II, is amended and supplemented as follows: Employees working under labor contracts and participating in compulsory social insurance up to the time right before suspending the performance of the labor contract, taking unpaid leave; there is a period of suspension of the performance of the labor contract, taking unpaid leave within the term of the labor contract from 15 consecutive days or more, from May 1, 2021, to the end of December 31, 2021 and the time to start suspending the performance of the labor contract, taking unpaid leave from May 1, 2021 to the end of December 31, 2021 and falling into one of the following cases: must be treated for COVID-19 , medical isolation, in blocked areas, unable to go to the workplace due to the request of the competent state agency to prevent and control the COVID-19 epidemic; due to the employer's temporary suspension of operation at the request of a competent state agency to prevent and control the COVID-19 epidemic, or the head office, branch, representative office, production or business location In the area, implement measures to prevent and control the epidemic according to the principles of Directive No. 16/CT-TTg or re-arrange production and labor to prevent and control the COVID-19 epidemic receive one-time support as follows: from 15 consecutive days or more up to less than one month at the rate of VND 1,855,000/person; from 01 months or more: 3,710,000 VND/person.
Therefore, the cash support policy for employees who temporarily suspend their labor contracts or take unpaid leave has been revised and supplemented in the direction of expanding the beneficiaries of the policy as "employees working under labor contracts" working, participating in compulsory social insurance", but not specifically working at public non-business units, educational institutions, as stipulated in Resolution No. 68.
Policies to support employees who have been terminated from work
Regarding the policy of supporting employees who are suspended from work in Clause 5, Section II amended and supplemented as follows: Employees working under labor contracts are suspended for reasons under Clause 3, Article 99 of the Labor Code; being participating in compulsory social insurance up to the time immediately before the suspension and falling under one of the following cases: covid-19 treatment, medical isolation, in areas where blockaded or unable to reach the work site as required by the competent state agency following directive No. 16/CT-TTg. s the employer suspend operations by the request of competent state agencies or have head offices, branches, representative offices, production and business locations in the area to implement measures to prevent and combat epidemics by the principles of Directive No. 16/CT-TTg or to re-allocate production, work to prevent and combat COVID-19 for 14 consecutive days or more between May 1, 2021, and December 31, 2021, is supported once of VND 1,000,000 per person.
Policies to support employees to terminate labor contracts
Point 6, Section II on the policy of supporting employees to terminate labor contracts amended and supplemented as follows: Employees working under labor contracts, participating in compulsory social insurance, must terminate labor contracts between May 1, 2021, and December 31, 2021, and fall under one of the following cases: must be medically isolated, in areas that are blockaded or unable to reach work locations at the request of competent state agencies for covid-19 prevention and control; due to the employer being suspended from operation at the request of a competent State agency for the prevention and control of COVID-19 or an employer with head office, branch, representative office, production and business location in the area to take preventive measures, combat epidemics following the principles of Directive No. 16/CT-TTg or realign production and labor to prevent and combat COVID-19 but are not eligible for one-time supported unemployment benefits of VND 3,710,000 per person.
Supplement policies to support the elderly and disabled people
In Clause 7, Section II supplementing the cash support policy for the elderly and people with disabilities as follows: Elderly and persons with severe disabilities, persons with particularly severe disabilities as prescribed in Clause 5 and Clause 6 Article 5 of the Government's Decree No. 20/2021/ND-CP dated March 15, 2021, treated for COVID-19 (F0) or medical isolation as prescribed by the competent State agency (F1), the State budget supports an additional VND 1 million per person during the period of treatment and isolation from April 27, 2021, to December 31, 2021.
Policies to support household business
The policy on supporting business households in Clause 10, Section II amended and supplemented as follows: Business households have business registration and are in the tax office's directory; household businesses engaged in agricultural, forestry, fishery, salt making, and hawkers, snacks, trips, seasonal businesses, providing low-income services without having to register a business household must stop operating for 15 consecutive days or more due to the request of a competent State agency to prevent and control the COVID-19 epidemic or because there is a business location. Companies in the area shall take measures to prevent and control the outbreak, in line with the principles of Directive No. 16/CT-TTg from 1 May 2021 until the end of 31 December 2021, with the support of the State budget. 3,000,000 VND/household once.
Loan policy to pay wages to stop working, restore production
The policy on loan to pay salary for job termination at Point a Clause 11 of Section II amended and supplemented as follows: Employers are entitled to borrow capital at the Bank for Social Policies at 0% interest rate and do not have to take measures to measures to secure loans to pay salary for job cessation for employees participating in compulsory social insurance who have to stop working for 15 consecutive days or more as prescribed in Clause 3, Article 99 of the Labor Code, from the 1st May 5, 2021, to March 31, 2022. The maximum loan amount is equal to the regional minimum wage for the number of employees based on the actual pay-off period of up to 3 months. Loan term under 12 months.
For the loan to pay wages for production recovery at Point b, Clause 11 of Section II, the following amendments and supplements are required: The employer must suspend operations at the request of a competent state agency to prevent and combat the COVID-19 epidemic; Employers with headquarters, branches, representative offices, production and business locations in the locality shall take measures to prevent and control the epidemic following the principles of Directive No. 16/CT-TTg and employers operating in the fields of transport, aviation, tourism, accommodation services and sending Vietnamese workers to work abroad under contracts from May 1, 2021, Until the end of March 31, 2022, they can borrow money from the Bank for Social Policies at 0% interest rate and do not have to take loan security measures to pay salaries to employees. The maximum loan amount is equal to the regional minimum wage for the number of employees who work under labor contracts and are participating in compulsory social insurance according to the actual salary payment period of up to 3 months. Loan term under 12 months.
Regulations on actual expenditures of localities
At Point b Clause 2, Section III amended and supplemented as follows: According to the provisions in Point dd Clause 2, Section I of this Resolution, the relevant provisions of law and the actual budget expenditures of localities (certified by the State Treasury) for consideration, additional from the central budget for the local budget. In case the epidemic occurs on a large scale, the local budget does not have sufficient resources to implement, based on the proposal of the Provincial People's Committee, the Ministry of Finance supplement the budget for the locality up to 70% of the expected level of the central budget to support to promptly implement the policy. After the locality reports the results of budget expenditures to support employees and employers (localities responsible for the authenticity of the reporting data), the Ministry of Finance shall supplement or revoke the central budget estimate based on actual support for subjects as prescribed; compile a report to the Prime Minister on the situation and results of implementation.
Resolution 126/NQ-CP of the Government takes effect from October 8, 2021.
Collected from the source
Thanh Quang
