WHAT ARE THE RIGHTS OF EMPLOYEES TO RECEIVE SALARY? THE EMPLOYER’S OBLIGATION TO PROVIDE INFORMATION ABOUT SALARY?

What are the rights of employees to receive salary? Are employers obliged to provide information about salary when entering into a labor contract with employees? How is the salary payment period for employees regulated? Through today’s article, let’s learn about this issue with Pham Consult!

Pursuant to Article 5 of the 2019 Labor Code, the rights and obligations of employees are regulated as follows:

Rights and obligations of employees

1. Employees have the following rights:

a) To work; freely choose jobs, workplaces, occupations, vocational training, and professional development; not be discriminated against, forced to work, or sexually harassed at work;

b) Receive wages appropriate to qualifications and skills based on agreements with employers; receive labor protection, work in conditions that ensure occupational safety and hygiene; take leave according to the regime, take annual paid leave, and enjoy collective benefits;

c) Establish, join, and operate in organizations representing employees, professional organizations, and other organizations in accordance with the provisions of law; request and participate in dialogue, implement democratic regulations, collective bargaining with employers, and be consulted at the workplace to protect their legitimate and legal rights and interests; participate in management according to the employer’s internal regulations;

d) Refuse to work if there is a clear risk that directly threatens their life or health during the performance of work;

d) Unilaterally terminate the labor contract;

e) Strike;

g) Other rights as prescribed by law.

2. Employees have the following obligations:

a) Implement the labor contract, collective labor agreement and other legal agreements;

b) Comply with labor discipline, labor regulations; comply with the management, operation and supervision of the employer;

c) Implement the provisions of the law on labor, employment, vocational education, social insurance, health insurance, unemployment insurance and occupational safety and hygiene.

Accordingly, the right of employees to receive salary is to receive salary in accordance with their qualifications and professional skills based on the agreement with the employer.

In addition, employees are also protected by labor, work in conditions that ensure occupational safety and hygiene; take leave according to the regime, take annual leave with pay and enjoy collective benefits and other rights as prescribed by law.

Based on the provisions of Article 16 of the 2019 Labor Code as follows:

Obligation to provide information when concluding a labor contract

1. The employer must provide honest information to the employee about the job, workplace, working conditions, working hours, rest hours, occupational safety and hygiene, wages, forms of payment, social insurance, health insurance, unemployment insurance, regulations on protection of business secrets, protection of technological secrets and other issues directly related to concluding a labor contract as requested by the employee.

2. Employees must provide honest information to the employer about their full name, date of birth, gender, place of residence, education level, professional skills, confirmation of health status and other issues directly related to the conclusion of the labor contract as required by the employer.

Accordingly, employers must provide honest information to employees about wages when concluding a labor contract with the employee.

In addition to information about wages, when concluding a labor contract, employers are also obliged to provide information to employees such as:

– Job, workplace, working conditions;

– Working hours, rest hours;

– Occupational safety and hygiene;

– Form of salary payment;

– Social insurance, health insurance, unemployment insurance;

– Regulations on protecting business secrets, protecting technological secrets;

– Other issues directly related to the conclusion of the labor contract that the employee requests.

Pursuant to Article 97 of the 2019 Labor Code, the salary payment period for employees is specifically regulated as follows:

(1) Employees who receive hourly, daily, or weekly wages shall be paid after the working hour, day, or week or shall be paid in lump sums as agreed by the two parties, but no more than 15 days must be paid in lump sums.

(2) Employees who receive monthly wages shall be paid once a month or once every half month. The time of salary payment shall be agreed upon by the two parties and must be set at a cyclical time.

(3) Employees who receive wages based on products or on contracts shall be paid according to the agreement of the two parties; if the work must be done over many months, they shall receive monthly salary advances based on the amount of work done during the month.

(4) In case of force majeure, the employer has taken all possible measures to remedy the situation but cannot pay the salary on time, the delay must not exceed 30 days; If the salary is paid late for 15 days or more, the employer must compensate the employee with an amount at least equal to the interest on the late payment calculated at the interest rate for 1-month term deposits announced by the bank where the employer opens the salary account for the employee at the time of salary payment.

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