Mr. Nguyen Van Manh (character name has been changed) said that he has worked at an electricity unit since 2012.
According to Mr. Manh, based on the 2015 Military Service Law, he received a conscription order and performed military service from February 2016 to February 2018. After completing his service, he returned to the electricity unit to work and has been working until now.
Mr. Manh wonders whether his 2 years of military service will be included in his working time to consider salary increase at the electricity unit or not. He said that according to the provisions of point d, clause 1, Article 50 of the 2015 Law on Military Service, in-service service is included in his working time, so he hopes to be clearly answered by functional agencies about the application in his case.
Regarding Mr. Manh's reflection and recommendation, the Ministry of Home Affairs has responded on the Electronic Information Portal.
According to the provisions of Article 30 of the 2019 Labor Code, employees performing military service are subject to temporary suspension of labor contracts.
During the period of temporary suspension of the labor contract, employees are not entitled to wages and rights and benefits agreed upon in the labor contract, unless the two parties have an agreement or the law has other regulations.
According to the provisions of Article 103 of the 2019 Labor Code, the regime of salary increases, promotions, allowances, subsidies and incentive regimes for employees are agreed upon in labor contracts, collective labor agreements or regulations of employers.
Therefore, the Ministry of Home Affairs requests readers to base on the above regulations, exchange with employers to be answered according to their authority.
