Currently, our company is on difficulty situation and we did not pay salary for our employees. Is it any violation under Vietnamese laws?
Currently, the employer in some cases are entitled to delay salary payment for employees in some specific cases. However, the question is less clear what is your difficult, so we provide here in some comments for your reference:
Under Article 96 of Labour Code 2012 and Article 24 Decree 05/2015 ND-CP, the enterprise is entitled to delay the salary payment for employees with the following conditions:
– Because of fire, natural disaster or other force majeure;
– The employer takes all necessary measures but insurmountable;
– Must not be later than 1 month.
Upon the occurrence of above cases, the employer is entitled to delay salary payment for employees within 15 days without paying more. If the salary payment term later than 15 days or more, it must pay an amount at least the wage arrears multiplied ceiling interest rate deposits with terms of 1 months by the State Bank of Vietnam’s announced at the time the payment.