Decree No. 2-ND stipulates additional allowances for workers who are laid off, aiming to protect the rights of workers when they lose their jobs. The decree applies to all Vietnamese workers who have worked for at least one year and have not seriously violated the law.
适用范围
Vietnamese workers
要点
- Workers laid off due to the expiration of their contracts or other reasons (except in cases of serious violation of the law) shall be paid the minimum allowance as stipulated in Article 1 by the employer.
- The minimum allowance is 50đ00 for each year of work from one year onwards, not applicable to those with less than one year of service (Article 1).
- This allowance is calculated separately and does not include compensation for layoffs without prior notice (Article 3).
- The allowance is considered wages and therefore takes precedence in payment in cases where the worker sues the employer for debts before the court (Article 2).
- Any internal regulations of the factory that provide lower layoff payments than the stipulated amount shall be nullified (Article 4).
🌐 本文件的社会影响
- Protecting the rights of workers when losing their jobs, reducing economic difficulties.
- Increasing costs for employers when laying off workers.
- May cause inconvenience in management and operation of factories due to compliance with new regulations.
❓ 常见问题
Who is eligible for the allowance under this Decree?
Vietnamese workers who have worked for at least one year and are laid off without seriously violating the law.
What is the minimum amount of the allowance?
50đ00 for each year of work from one year onwards.
Is the allowance considered wages?
Yes, according to Article 2 of this Decree.
How is the allowance related to compensation for layoffs without prior notice?
The allowance is calculated separately and does not include compensation for layoffs without prior notice (Article 3).
Under what circumstances can internal regulations of the factory be nullified?
If they provide workers with layoff payments lower than the allowance stipulated in this Decree.
全文
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MINISTRY OF LABOR
NUMBER: 2-ND
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
HA NOI, OCTOBER 1, 1945
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DECREE
NUMBER 2 OF SEPTEMBER 1, 1945 ISSUED BY THE LABOR DEPARTMENT TO DETERMINE THE AMOUNT OF SEVERANCE PAY FOR WORKERS WHO ARE DISCHARGED
THE MINISTER OF LABOR
CONSIDERING THE CURRENT SITUATION WHERE MANY FACTORIES MUST DISCHARGE WORKERS;
CONSIDERING THAT IT IS VERY DIFFICULT TO FIND JOBS AND THE COST OF LIVING IS EXTREMELY HIGH;
CONSIDERING THAT CURRENT LEGISLATION PROVIDES NO SEVERANCE PAY FOR VIETNAMESE WORKERS EVEN AFTER YEARS OF SERVICE WITH AN EMPLOYER UPON DISCHARGE;
DECREE
ARTICLE 1. ALL VIETNAMESE WORKERS, REGARDLESS OF CATEGORY, WHEN DISCHARGED AT THE END OF A CONTRACT OR FOR ANY OTHER REASON, EXCEPT IN CASES OF CRIMINAL ACTS OR GROSS MISCONDUCT RECOGNIZED BY THE LABOR OFFICE, SHALL BE ENTITLED TO RECEIVE A MINIMUM SEVERANCE PAY FROM THE EMPLOYER.
THE AMOUNT OF SEVERANCE PAY SHALL BE CALCULATED AS FOLLOWS:
WORKERS WHO HAVE SERVED THE EMPLOYER FOR ONE YEAR OR MORE SHALL RECEIVE AT LEAST 50D00 PER YEAR. THOSE WHO HAVE SERVED LESS THAN ONE YEAR SHALL NOT BE ELIGIBLE FOR THIS DECREE.
ARTICLE 2. THIS SEVERANCE PAY SHALL BE TREATED AS WAGES UNDER THE LAW, MEANING THAT IF THERE IS A COURT SETTLEMENT ON THE EMPLOYER'S DEBTS, THIS PAY SHALL BE PAID OUT BEFORE OTHER DEBTS, AND FOR THE EMPLOYER'S CREDITORS, IT SHALL BE SUBJECTED TO THE GENERAL CONDITIONS OF THE LAW.
UNLESS THE EMPLOYER HAS PREVIOUSLY LOANED MONEY TO THE WORKER, THE EMPLOYER MUST OBTAIN APPROVAL FROM THE LABOR OFFICE BEFORE WITHDRAWING ANY AMOUNT.
ARTICLE 3. THIS SEVERANCE PAY SHALL BE PAID SEPARATELY AND SHALL NOT BE MIXED WITH ANY COMPENSATION FOR UNANNOUNCED DISCHARGE.
ARTICLE 4. WORKERS DISCHARGED AFTER THE EFFECTIVE DATE OF THIS DECREE WHO HAVE SERVED FOR ONE YEAR OR MORE SHALL BE ENTITLED TO THE SEVERANCE PAY AS CALCULATED IN ARTICLE 1.
ANY CONTRACTS OR FACTORY RULES THAT PROVIDE LESS THAN THE SEVERANCE PAY AMOUNT STIPULATED IN THIS DECREE SHALL BE NULLIFIED.
ARTICLE 5. LOCAL PEOPLE'S COMMITTEES, LABOR COMMITTEES, AND LABOR INSPECTORS AND SUPERVISORS SHALL BE RESPONSIBLE FOR ENFORCING THIS DECREE.
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MINISTRY OF LABOR (Signed) Lê Văn Hiến |
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