If I am called to join the military while working, will I lose my job when I return?

Thanh Quang(Gia Loc)
Reply:
Point a, Clause 1, Article 30 of the 2019 Labor Code stipulates the suspension of labor contract performance as follows:
1. Cases of temporary suspension of labor contract performance include:
a) Employees performing military service or militia and self-defense service;
b) Employees are detained or imprisoned according to the provisions of the law on criminal procedure;
2. During the period of suspension of the labor contract, the employee shall not receive salary and rights and benefits agreed upon in the labor contract, unless otherwise agreed by both parties or provided by law.
In addition, Article 31 of the 2019 Labor Code also stipulates the reinstatement of employees whose labor contracts have expired, specifically as follows:
Within 15 days from the date of expiry of the suspension of the employment contract, the employee must be present at the workplace and the employer must accept the employee back to work under the signed employment contract if the employment contract is still valid, unless otherwise agreed by both parties or otherwise provided by law.
From the above regulations, it can be seen that if a person who is working and has signed a labor contract is called up for military service, the labor contract will be temporarily suspended but the labor contract will not be terminated. Or more precisely, during the time of military service, the person will not lose his job (the labor contract will not be terminated).
Upon completion of military service, the employee must be present at the workplace within 15 days from the date of expiration of the suspension of the employment contract. The employer must be responsible for accepting the employee back to work under the signed employment contract if the employment contract is still valid, unless otherwise agreed by both parties or provided by law.