Circular 15/2015/tt-Bldtbxh: Guidelines For Monitoring The Implementation Of Recruitment Modes, Employers, Wages, Remuneration, Bonus And Other Modes For Workers And Staff Of Qu ...

Original Language Title: Thông tư 15/2015/TT-BLĐTBXH: Hướng dẫn giám sát việc thực hiện chế độ tuyển dụng, sử dụng lao động, tiền lương, thù lao, tiền thưởng và chế độ khác đối với người lao động và viên chức qu...

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DEPARTMENT OF LABOR-COMMERCE AND SOCIETY
Number: 15 /2015/TT-BLTBXH
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 30, 2015

IT ' S SMART

Instructions to oversee the implementation of the recruitment regime, use of labor, Salary, salary, bonus.

and the other regime for workers. and the executive officer in the economic group,

Company Corporation Home It ' s 50 percent owned by water. Don't

_____________________________

Base of Protocol 106 /2012/NĐ-CP December 20, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Labor-Trade and Social Affairs;

Base of Protocol 69 /2014/ND-CP July 15, 2014 of the Government on the State Economic Corporation and the state corporation total;

On the recommendation of the Chief of Labor Affairs-The salaries;

The Minister of Labor-Trade and Social Affairs issued a guidate of the practice of overseeing the implementation of the recruitment regime, the use of labor, wages, remuners, bonuses and other regimes for workers and management officials in the economic conglomerate, the president said. The Company is owned by the State on 50% of the charter capital.

What? 1. The adjustment range

This information instructs the implementation of the implementation of the recruitment regime, the use of labor, wages, remuners, bonuses and other regimes for workers working under the labor contract, Member Council Member (or Company Chairman), Member of the Board of Labor. The Board of Directors, Controller, General Manager, Director, Deputy Director General, Deputy Director, Chief Accounting (later known as the management official) in the state economic conglomerate, the state corporation in accordance with the regulation at the UN Digital Agenda. 69 /2014/ND-CP July 15, 2014 of the Government on the State Economic Corporation and the state corporation, including:

1. The parent company-economic corporation, the total company operating in the form of a limited liability company a member owned by the state-owned by the state (then called a parent company-corporation, total state company).

2. The parent company-economic conglomerate, the total company that operates in the form of a holding company, the two-member LLC has a stake, the state ' s dominant capital (later called the parent company-corporation, the state company General Corporation). -

3. Company by parent company-corporation, state corporation or parent company-corporation, corporation-governed by the State-based corporation or holder of shares, which contributed to (later called a subsidiary).

The parent company complex at Clause 1 or Clause 2 and the subsidiary at Clause 3 This, the following is called the corporation, the company's total.

What? 2. Subject applies

1. The worker works on a labor contract and the management officer; the state capital representative in the parent company-the corporation, the Corporation-dominated corporation.

2. The Ministry of Industry Management, the Provincial People's Committee is authorized to exercise the rights, responsibilities, obligations of state ownership at the parent company-corporation, the state corporation (the latter is generally the owner).

3. The industry regulator, the Provincial People ' s Committee, Investment Corporation and State Capital Business is authorized to exercise the right, responsibility, shareholder obligations, capital obligations at the parent company-corporation, total company run by the State of the State (the following call). It's the owner of the owners.

4. The ministries, organizations and individuals are involved in overseeing the implementation of the recruitment regime, wages, remuners, bonuses and other regimes according to the regulation at this Smart.

What? 3. The monitoring method

1. Monitoring through periodic or groundbreaking testing of the Ministry of Labor-Trade and Social Affairs, owner or representative representative of the corporation, total company.

2. Monitoring through the periodic or groundbreaking report of the owner or the owner of the owner, the state capital representative and the corporation, the total company.

3. Monitoring through audit reporting, evaluation report, ministerial recommendations, industry recommendations, salaries, bonuses, bonuses and other regimes for workers and managers at the corporation, the company's total.

What? 4. Content mainly oversees

Overseeing the planning and implementation of the corporation's annual plan, the corporation follows the following key content:

1. Labor level; recruitment, use of labor.

2. salaries, remuners, bonuses for labourers, managers and state capital representatives.

3. Build and implement the rules, labor cabinet, collective labor agreement, base democratic rule.

4. Do other regimes for workers.

What? 5.

Based on the regulatory content of regulation at Article 4 of this, the parent company-corporation, the state company, the parent company, the parent company, the state company, the parent company-the corporation, the corporation, the state company, is the owner of the state; the company. State capital requires the parent company-corporation, the Corporation's Corporation, the corporation's capital, the corporation's capital, the company that requires the company of the parent company to hold the shares, which contributes to the coordination of the monitoring report on the basis of evaluation, analysis of internal affairs. As follows:

1. The labor rating, including: the deployment of employment-level construction (for new labor levels); review, assessment, modification, adjustment, labor-level addition; the assessment of the implementation of the labor-level system.

2. Recruit, use of labor, including: the planning of employment use tied to the production plan, business; employer recruitment, employment quality compared to requirements; employment layout; labor volatility; training and retraining; settlement of employment; The regime for workers who lack employment, lost their jobs or the job, is responsible for the case of recruitment, the use of non-planning labor.

3. Cash, bonuses for labourers, including: payroll systems, payroll, salary-side regimes; pay salaries, raise salaries; build up the wage fund; wage payday; identify and approve the wage fund that is associated with the wage. Manufacturing, business; distribution of wages, bonuses, benefits; public wages, money, wages, and wages by state regulations.

4. Cash, remunation, bonuses for management officials and capital representatives, including: line-up, wage-raising; construction of wage funds, planning; identification, and approval of the wage fund, the remuning of the proceeds tied to product indicators. Export, business; advance, distribution of wages, remunation, bonuses; and extracts, wage transfers, remunuation, bonuses of controls and capital representatives; public wages, remunuation, bonuses by the House of State regulations. Water.

5. Build and implement the rules, interiors, collective labor agreements, including: the situation of execution and envisage adjustments, amendments, supplements (if any) the rules of recruitment, use, training of labor, wage raising, pay, remunation, bonuses; rule. Grassroots democracy, labor-labor, collective labor and other regulations for workers.

6. Other regimes for workers, including: the situation that performs social insurance regimes, health insurance, unemployment insurance; labor discipline, physical responsibility; safety, labor hygiene, diet, toxic fostering, and animal life.

What? 6. Request when monitoring, check

1. Every year, parent company-corporation, state company total; company-owned by parent company-corporation, state corporation or parent company-corporation, the Corporation's Corporation, which is the owner of the state, is owned by the parent company; state capital representatives require parent company-corporation, The Corporation's Corporation is dominated; the corporation's capital representative, the company's corporation, requires the subsidiary to be held by the parent company, which contributes to the coordination of the monitoring report over time stipulated at this Article 8 or to prepare the report. works, the layout of the person working (for monitoring through the form of examination) when receiving the supervision of the monitoring agency in accordance with the right content, time and time. responsible for the content, the data provided in the monitoring report.

2. The monitoring agency pursuant to this Article 7, within 15 days of receiving full reports, persuathy, the equation must have an opinion on the content according to the corporation 's report, the company' s total.

3. When the supervising agency receives the requirements of the auditor or ministry, the industry, the local petition for relevant content, within 30 days there must be an answer to the recommendations of these agencies.

4. Processing after monitoring, testing

a) After the sweep, inspection, case of corporation, the company's total implementation of the state regulations, the monitoring agency has a written statement to the corporation, the company knows, and continues;

b) The corporation's case, the company's total content which is not fully implemented by state regulation, the supervising agency has a written request for the corporation, the company must fully implement the state's regulations. The text must specify the required content and the implementation deadline;

c) The corporation's case, the company's total implementation of the wrong implementation of the state, the oversight agency has a written request for the corporation, the corporation must immediately cancel and modify, add undefined content, and have a remediation solution. of the organization's execution is not correct. At the same time announcing the incrimination and petition with the relevant agency with appropriate forms of discipline or the recommendation of the agency to investigate the prosecution in accordance with the degree of misconduct on the head and builder, the board and the execution is not true. State regulations.

What? 7. The responsibility of the monitoring agency

1. For the Ministry of Labor-Trade and Society

a) presiding, coordinating with the owner of the monitoring, periodic checks on the parent company-corporation, the company's total company, the parent company-the state company that operates the rating, the salary according to the special class company;

b) Through the report by the parent company stating at the point a, Clause 1 This to oversee, check out the corporation ' s subsidiaries, total companies;

c) Depending on the monitoring request, plan the periodic examination plan or break the implementation of the corporation, the corporation and the offer of the owner or the owner of the coordination of the implementation or request of the economic corporation, the company's total and owner or representative. the owner of the report adds to each specific content;

d) Coordinated with the relevant agencies overseeing the remediation of post-monitoring of the corporation, the total company;

) periodically before June 30, total, analysis, assessment, joint oversight of the parent company-corporation, state company Corporation, parent company-corporation, Corporation-dominated by the Corporation and subsidiaries of the corporation, the Corporation; ants. With the Government amended, the addition of policy on labor, wages and other policies towards workers and management officials as well as the solutions that fix the implementation are not correct (if any) of the corporation, the company's total.

2. For Owner

a) Chair of the monitoring organization, periodic examination of the parent company-the state company Corporation;

b) Through the parent company 's report-the state company' s general company to oversee, check out the company ' s subsidiaries;

c) Coordinated with the Ministry of Labor-Trade and Social oversight, test of parent company-corporation, total state corporation corporation, the parent company-the state company that operates the rating, line-up in terms of a special class company;

d) Depending on the monitoring request, plan planning or mutate the implementation of the corporation, the corporation, or the corporation request, the company's total reporting additional reporting by specific content;

In collaboration with the Ministry of Labor-Trade and Social Affairs and related agencies overseeing the amendment, addition and remediation of the consequences for the undefined implementation of the corporation, the company's total;

e) periodically before May 31 every year, aggreging of corporate oversight of corporations, the total company within the management range and the number of figures according to the number 5 chart issued by the Digital Information 18 /2013/TT-BLTB; model number 6, 7 and No. 8 issued by Digital News 19 /2013/TT-BLTBXH September 9, 2013 by the Ministry of Labor-Trade and Social Affairs (which corrects the designation in the columns in the number 6, 7 and No. 8 as follows: "implemented the previous year" to "plan the previous year", "plan this year" or "plan" to "implement"). the previous year "," performed this year "or" making "the" plan of the year ... ") And the number four and the five boards are accompanied by this message, sent to the Ministry of Labor-Trade and Society for joint surveillance, the Government Report.

3. For the Property Representative

a) Chair of the monitoring organization, periodic examination of the parent company-corporation, the company's total company,

b) Through the parent company 's report-the corporation, the Corporation-governed by the State of the Company to oversee, examine the subsidiary companies of the corporation, the company' s total;

c) periodically before May 31 every year, aggreging of corporate surveillance, the total company within the scope of capital representation and the number of figures prescribed at the e, Clause 2 Articles 7 This information, sent to the Ministry of Labor-Trade and Society for oversight. The Joint Government Report.

4. For Capital Representative

The state capital representative asked the parent company-the corporation, the Corporation's Corporation, the parent company of the parent company-the corporation, the state company, the parent company, the parent company, the state company, the company, the company, the company. holding shares, which contributed to the coordination report by point b, Clap 1, and point b, Clause 2, This Article 8 to report the oversight body before March 1, every year according to regulation.

What? 8. Corporate responsibility, total company

1. For the parent company-corporation, total state company

a) periodically before March 31 each year, a monitoring report on the parent company and the sum of the number of figures according to the number three. 18 /2013/TT-BLTBXH, The number two forms were issued with the Digital Information. 19 /2013/TT-BLTBXH September 9, 2013 by the Ministry of Labor-Trade and Social Affairs and the number 1, 2 and No. 3 issued by this message, submit to the regulatory oversight agency.

b) presiding over the monitoring organization for the parent company owned by the parent company and the parent company owned by the parent company, which contributed (through the capital representative), which required the company to establish a monitoring and aggregation report by the parent company. The pattern is at point a, paragraph 1 Article 8 This is sent back to the parent company on March 1 every year.

c) periodically before March 31, the aggregate of the situation oversees the subsidiaries and figures by the prescribed pattern at the point of e, paragraph 2 Article 7 This information, the Ministry of Labor and Social Affairs and the Owner to oversee the joint, the total reported. The government.

2. For the parent company-corporation, the Corporation is governed by the State.

a) periodically before March 31, a monitoring report on the parent company and the sum of the data according to the prescribed pattern at the point a, Clause 1 Article 8 of this information, sending state capital representatives, and Representative owner of state capital;

b) presiding over the monitoring organization for the parent company owned by the parent company and the parent company owned by the parent company, which contributed (through the capital representative), which required the company to establish a monitoring and aggregation report by the parent company. The pattern of regulation at point a, paragraph 1 Article 8 of this, sent back to the parent company on March 1, every year.

c) periodically before March 31 every year, aggregable of the situation of monitoring subsidiaries and figures by the prescribed pattern at the point of e, paragraph 2 Article 7 This information, reports the representative of the state capital, and the state capital representative to oversee it. By the rules.

What? 9. Effect of execution

1. This message has been in effect since 15 May 2015.

2. The ministries, the Provincial People ' s Committee, the Central City of Central City directed the LLC a member owned by the State as an independent operating company within the management scope of the construction of the recruitment execution situation, using the labor force. The salaries, salaries, provisions of regulation at this level, and the regulatory oversight organization at Clause 4 Article 6 of the Financial Oversight And Effectiveness Assessment and the public information industry on the state owned by the state. enterprise has state capital issued by Protocol No. 61 /2013/NĐ-CP June 25, 2013 of the Government, on the basis of the joint surveillance report sent to the Ministry of Labor-Trade and Society for tracking, general aggregate.

3. Minister, Vice President of the Ministry of Foreign Affairs, Head of the Government of the Government, Chairman of the Provincial Committee of the Provincial People, the Central City of the Central Committee is responsible for directing, don, examining the implementation of the regulations on this Smart.

In the course of implementation if there is an entangrium, the agencies, the organization reflect on the Ministry of Labor-Trade and Society to guide the timely addition of ./.

KT. MINISTER.
Chief.

(signed)

The Order of the Order