Regarding the urgent dispatch of the Department of Labor, War Invalids and Social Affairs of Ho Chi Minh City, requesting guidance on solving some problems when implementing Decision 08/2022/QD-TTg on housing rental support for employees. Recently, the Employment Department (Ministry of Labour, Invalids and Social Affairs) has responded in writing.
Specifically, about the concept of “employer”, according to the provisions of Clause 1, Article 3 of Decision 08/2022/QD-TTg, there are only “enterprises, cooperatives, business households with business registration”. new subject to application.
Regarding beneficiaries of policy support, according to the provisions of Point a, Clause 3, Article 8 of Decree 145/2020/ND-CP, the total time the employee has actually worked for the employer, including the time maternity leave, sick leave from 14 working days or more in a month (not participating in social insurance but still on the list of participating in compulsory social insurance of the social insurance agency). Therefore, employees who take leave to enjoy maternity benefits or take sick leave are eligible for rent support if they fully meet the conditions specified in Decision 08.
According to the provisions of Clauses 3 and 4, Article 7 of Decision 08, for currently working employees, the enterprise can send a list of employees to request the social insurance agency for confirmation in 2 or 3 months. Particularly for employees returning to the labor market, enterprises must send a list of requests for monthly rent support to the social insurance agency before the 15th of every month, not allowing 2 or 3 months of compounding.
Regarding the implementation time of the policy, although Decision 08 takes effect from March 28, 2022, if the employee rents a room in the period from 1-2 to June 30, 2022, he/she will still be entitled to the policy if all conditions are met. to sue.
Besides, according to the provisions of Clause 7 Article 7 and Clause 7 Article 11 of Decision 08, within 2 working days from the date of receipt of the support funding, the employer is responsible for paying the employee. At the same time, enterprises must carry out payment procedures according to regulations. In case enterprises commit violations in the payment of support and settlement of funds, administrative violations in the field of finance and accounting will be applied.
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