Penalties for temporarily suspending an employee's work beyond the time limit

Lawyer Nguyen Thu Thuy, YouMe Law Company Limited replied:

Clause 2, Article 128 of the 2019 Labor Code regulates temporary suspension of work as follows:

2. The duration of temporary work suspension must not exceed 15 days, and in special cases must not exceed 90 days. During the period of temporary work suspension, the employee is entitled to an advance of 50% of the salary before the work suspension.

At the end of the work suspension period, the employer must accept the employee back to work.

Point e, Clause 2 and point b Clause 4 Article 19 Chapter II Decree No. 12/2022/ND-CP stipulating penalties for administrative violations in the fields of labor, social insurance, and working Vietnamese workers Contract work abroad (hereinafter referred to as Decree No. 12/2022/ND-CP) regulates violations of regulations on labor discipline and material responsibility as follows:

2. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed on employers who commit one of the following acts:

e) Temporarily suspend work beyond the time limit prescribed by law;

4. Remedial measures

b) Force the employer to pay full salary for the days of temporary suspension from work to the employee when committing the acts specified in Points e and g, Clause 2 of this Article;

Clause 1, Article 6 of Decree No. 12/2022/ND-CP stipulates fine levels, sanctioning authority and principles of application to repeated administrative violations as follows:

1. The fines prescribed for violations specified in Chapter II, Chapter III and Chapter IV of this Decree are fines for individuals, except for the cases specified in Clauses 1, 2, 3, 5 The 7th rule; Clauses 3, 4, 6 Article 13; Clause 2, Article 25; Clause 1, Article 26; Clauses 1, 5, 6, 7 Article 27; Clause 8, Article 39; Clause 5, Article 41; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 Article 42; Clauses 1, 2, 3, 4, 5, 6, 7, 8 Article 43; Clauses 1, 2, 3, 4, 5, 6 Article 45; Clause 3, Article 46 of this Decree. The fine for organizations is 2 times the fine for individuals.

Thus, a company that temporarily suspends an employee's work beyond the time limit prescribed by law may be fined from 10,000,000 VND to 20,000,000 VND and forced to pay the full salary for the days of temporary suspension. work according to the above regulations.