1. Salary not paid due to contract suspension

Point b, Clause 1, Article 30 of the Labor Code 2019 Recognizing the case of an employee being temporarily detained or detained according to the provisions of criminal procedure law is one of the reasons why the labor contract is temporarily suspended.

According to Clause 2 of this Article, during the period of temporary suspension of implementation of the labor contract, the employee is not entitled to receive salary and rights and benefits agreed in the labor contract, unless the two parties have agreed or the law has other rules.

Therefore, detained workers will not be paid. However, if there is an agreement between the two parties on salary or monetary support for the detained employee, this person will still receive the agreed benefits.

Note: The reason for temporary detention is not a basis for terminating the labor contract. Therefore, the employee's contract can only be suspended and cannot be fired. At this time, if you want to terminate the labor contract, there needs to be an agreement between both parties or the grounds prescribed by law.

2. Temporary suspension of social insurance and unemployment insurance payments

According to Article 30 of the Labor Code 2019, workers during detention are not entitled to salary and rights and benefits agreed in the labor contract. This may cause workers to lose insurance benefits.

Specifically, Clause 7, Article 42 of Decision No. 595/QD-BHXH stipulates that if an employee is temporarily detained or detained for investigation and to determine whether or not he has violated the law, the employee will and the unit can temporarily stop paying social insurance, unemployment insurance, labor accident insurance, and occupational diseases.

Thus, when detained, workers will stop paying social insurance and unemployment insurance. However, this person is required to pay health insurance at a rate equal to 4.5% of 50% of the monthly salary that the employee is entitled to.

After the temporary detention period, if the competent authority determines that the employee has been unjustly or wrongly committed and has not violated the law, the employee will be compensated for social insurance, unemployment insurance, occupational accident and disease insurance. career and health insurance back pay on the amount of back pay.

On the contrary, if the competent authority determines that the employee is guilty, the employee will not be compensated for mandatory insurance.

3. Do not receive unemployment benefits when quitting work while in detention

Another disadvantage for detained workers is that when they quit their job, they will not receive unemployment benefits when terminating the labor contract during the detention period.

Because the regulations on conditions for unemployment benefits in Article 49 of the Law on Employment 2013 exclude cases where workers are temporarily detained or serving prison sentences.

Specifically, Clause 4 of this Article recognizes that one of the conditions for receiving unemployment benefits is not having found a job after 15 days from the date of submitting the application for unemployment insurance, but excluding cases such as fulfilling the obligations military service, police service; study for a period of 12 months or more; detained; serve a prison sentence; settle abroad;…

Therefore, detained workers will not be entitled to unemployment benefits during their detention.