Question:
X is a factory worker who recently had a workplace accident and is currently on sick leave as per the regulations. Approaching the monthly salary payment period, if X is unable to personally receive their salary, how should this situation be handled to ensure their rights? It’s known that X’s company only pays salaries in cash.
Answer:
Clause 1 of Article 94 of Labor Code 2019 stipulates that in cases where the employee is unable to receive their wages directly, the employer may pay the wages to a person legally authorized by the employee. This provision is a new addition compared to Labor Code 2012.
Therefore, if X is unable to personally collect their salary, they can authorize someone else to receive it on their behalf to ensure their rights.
Question:
Due to a violation of the labor contract, A has been suspended by the employer. In this case, will A be entitled to receive wages?
Answer:
Article 99 of the Labor Code 2019 stipulates that in the event of suspension, the employee shall be paid as follows:
1. If the suspension is at the employer’s fault, the employee shall be paid the full salary under the employment contract;
2. If the suspension is at the employee’s fault, the employee shall not receive the salary. If this leads to suspension of work of other employees in the same unit, they shall be paid an amount not smaller than the statutory minimum wages;
3. In case the suspension is caused by an electricity or water supply issue that is not at the employer’s fault, or by a natural disaster, fire, major epidemic, hostility, relocation requested by a competent authority, or for economic reasons, both parties shall negotiate the salary as follows:
a) If the suspension does not exceed 14 working days, the salary shall not fall below the statutory minimum wages;
b) If the suspension is longer than 14 working days, the salary shall be negotiated by both parties and the salary for the first 14 days must not fall below the statutory minimum wages.
Therefore, in the case of A, since A violated the labor contract and the fault is determined to be on A’s part, A will not be entitled to receive wages during the suspension period.
Question:
I heard that employees are eligible for wage advances to fulfill their civic duties. Currently, I’m an office employee and have received a call-up notice for military service. Could you please let me know if I will receive a wage advance and what the amount would be?
Answer:
Article 101 of the Labor Code 2019 stipulates that employee may receive an interest-free salary advance in accordance with conditions agreed on by the two parties. The employer must make the advance payment to the employee for the number of days the employee temporarily leaves his/her work in order to perform duties of citizens for a period of 01 week or longer, but the advance shall not exceed 01 month’s salary. The employee must reimburse the advance. However, an employee who is conscripted in accordance with the Law on Conscription may not receive salary advance.
Therefore, you will not be eligible for a wage advance when fulfilling your military service obligations.
Question:
A is a worker in a wood processing workshop. During work, A accidentally damaged the wood cutting machine of the workshop, leading to compensation for the damage. The workshop owner mentioned deducting the compensation amount from A’s salary. Could you please inform me of the deduction amount?
Answer:
Article 102 of the Labor Code 2019 stipulates that employer shall have the right to deduct from an employee’s salary only for the compensation for the damage to the employer’s equipment and assets. Any monthly deduction shall not exceed 30% of the net monthly salary of the employee, after the payment of compulsory social insurance, health insurance, unemployment insurance premiums and personal income tax.
According to Article 102, A will have a deduction from their salary not exceeding 30% of their monthly salary after deducting mandatory social insurance, health insurance, unemployment insurance, and personal income tax.
