Lao Dong Newspaper Legal Consulting Office replied:
Article 99 of the 2019 Labor Code stipulates severance pay as follows:
In case of work stoppage, employees will be paid as follows:
1. If due to the employer's fault, the employee shall be paid full salary according to the labor contract;
2. If it is the employee's fault, he/she will not be paid; other employees in the same unit who have to stop working will be paid at a rate agreed upon by both parties, but not lower than the minimum wage;
3. If there is an electrical or water problem that is not the employer's fault, or due to a natural disaster, fire, dangerous epidemic, war, relocation of the operating location at the request of a competent state agency, or for economic reasons, the two parties shall agree on the salary for the suspension of work as follows:
a) In case of suspension of work for 14 working days or less, the agreed salary for suspension of work shall not be lower than the minimum wage;
b) In case of suspension of work for more than 14 working days, the salary for suspension of work shall be agreed upon by both parties but must ensure that the salary for suspension of work for the first 14 days is not lower than the minimum wage.
Floods are natural disasters, so if work has to be stopped for 14 working days or less, the agreed salary for the stoppage of work is not lower than the minimum wage . If work has to be stopped for more than 14 working days, the salary for the stoppage of work is agreed upon by both parties, but must ensure that the salary for the first 14 days of stoppage of work is not lower than the minimum wage.
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