On December 14, 2020, the Government issued Decree No.145/2020 / ND-CP detailing and guiding the implementation of a number of articles of the Labor Code regarding working conditions and industrial relations. This Decree takes effect from February 1, 2021

Thus, compared with Clause 5 Article 1 of Decree No.148/2018 / ND-CP, Article 8 of Decree No.145/2020/ND-CP has added time of probation to the total of the working period used for calculating severance allowance or job-loss allowance

Besides, other periods of time are included in the employee’s total actual working time according to the new regulations in Decree No.145/2020 / ND-CP, including:

  • The period during which the employee has actually worked for the employer;
  • Period during which the employee is sent to refresher courses by the employer;
  • Period of paid leaves for sickness and maternity in accordance with the law on social insurance;
  • Period of paid leave during which the employee receives medical treatment or workability rehabilitation after having a labor accident or suffering an occupational disease under the law on occupational safety and health;
  • Paid leave period for performing citizens’ obligations as prescribed by law;
  • Period during which the employee has to cease work not due to his/her fault
  • Weekly leave period under Article 111, paid leave periods under Articles 112, 113, 114 and clause 1, Article 115; period for performing tasks of grassroots-level employees’ representative organizations under Clauses 2 and 3, Article 176;
  • Period of suspension from work under Article 128 of the Labor Code.

Therefore according to the new decree time of probation has been added to the total of the working period used for calculating severance allowance

Please contact us for detailed advice.

T2H Law Liability limited company

Head office: G4-4A, Dormitory 708, Lien Ninh, Thanh Tri, Hanoi

Branch office: No. 40 Nguyen Khuyen, Van Quan Ward, Ha Dong District, Hanoi.

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