The Decree 05/2015/nd-Cp: Detailing And Guiding The Implementation Of Some Of The Content Of The Labor Code

Original Language Title: Nghị định 05/2015/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành một số nội dung của Bộ luật Lao động

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The DECREE detailing and guiding the implementation of some of the content of the labor code _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
The labor code base on 18 June 2012;
The base of the opinion of the Committee of the National Assembly in the text/UBTVQH13 716-CVĐXH August 2014 on guiding the implementation of some articles of the labour code, paragraph;
According to the recommendation of the Minister of labor, invalids and Social Affairs, the Government issued a decree detailing and guiding the implementation of some of the content of the labor code.
Chapter I GENERAL PROVISIONS article 1. Scope of this Decree stipulates the rights, responsibilities of employers, employees, organized labour, collective representative bodies, institutions and individuals involved in the implementation of some provisions of The labor law on labor contracts, collective bargaining, collective labor agreement , wages, labour discipline, responsibility and labor disputes.
Article 2. The object to apply the employee; the use of labour; agencies, organizations, and individuals are related directly to labour relations as defined in article 2 of the labor code.
Chapter II CONTRACT LABOR category 1 CONTRACTS of LABOUR article 3. The labor contracts 1. Who contracts the workers who employers who belong to one of the following cases: a) the legal representation stipulated in the Charter of the cooperative enterprises;
b) head of unit, agency, organized under the provisions of the law;
c) households;
d) directly to individual employers.
The case of the contracts the party workers who employers stipulated at points a, b and c of Paragraph 1 of this article is not directly the labor contracts legally authorized in writing for the other labor contracts according to the model by the Ministry of labor, invalids and social regulations.
2. The concluding the employment contract of workers who belong to one of the following cases: a) workers from 18 years of age;
b) juvenile workers from age 15 to under 18 years old and have the written consent of the legal representative of workers;
c) representative under the law for persons under 15 years of age and have the consent of the person under the age of 15;
d) workers are those workers in the Group legally authorized labor contracts.
3. Authorized labor contracts stipulated in clause 1 and clause 2 of this not continue authorization for the other labor contracts.
Article 4. Labor contract content the content of the employment contract in clause 1 Article 23 of the labor code shall be as follows: 1. The name and address of the employer shall be as follows: a) the business name, agency, organization, cooperative, household employment employers, according to the labor contract according to the business registration certificate, or certificate of cooperative investment or decided to set up the Agency Organization; the case is personal hiring employers shall record the full name of the person the employer according to the identity card or passport is granted;
b) the address of the enterprise, agency, organisation, cooperative, household, personal hiring, employers under the business registration certificate, or certificate of cooperative investment or decided to set up the Agency, held in accordance with the law;
c) full name, date of birth, number of the identity card or passport, residence addresses, titles in the business, organization, cooperative, household employment, the employer of the person who contracts the party workers who employers as defined in paragraph 1 of article 3 of this Decree.
2. Number of identity or other undocumented workers are defined as follows: a) the identity card or passport number issued by the competent bodies of workers;
b) on work permit Number, level, where the Licensing Agency's labor authorities for labor are foreigners working in Vietnam;
c) writing agreed labor contracts of legal representative for workers from the age of 15 to under 18 years old;
d) full name, birth date, gender, address, place of residence, identity card number or passport number of the representative under the law of persons under 15 years of age;
DD) text of people under 15 years of age agree to delegate its law labor contracts.
3. The work and place of work are specified as follows: a) jobs: jobs that workers must be made;
b) locations of workers: the scope, the workers do the work agreement; case of workers working in many different locations, then write the main places for workers to work.
4. The term of the labor contract: duration of the employment contract (number of months or days), the start time and end time make labor contracts (for the labor contract defines the term or seasonal employment contract or according to a certain work); the beginning of the implementation of the labor contract (for the employment contract does not specify the time limit).
5. payroll forms, salary, pay period, allowances and other supplementary wage shall be as follows: a) wage allowance, salary, other additional amounts determined in accordance with paragraph 1 article 21 of this Decree;
b) form of pay determined under the provisions of article 94 of the labour code;
c) pay period due to the two sides determined according to the provisions of article 95 of the labour code.
6. raise the grade mode, raising the level of salary: conditions, time, time, salaries, salary level after which the two sides had a deal.
7. During working hours, rest time is regulated as follows: a) time worked during the day, week; CA work; the start time and end time of the day, week or work shifts; the number of working days in the week; overtime and related terms as overtime;
b) time, start time, end time in hours of work; working time, annual vacation, holidays, new year, holiday, non-paid vacation.
8. labor protection equipment for workers: a specific number of Records, types, quality and duration of use of each type of protective equipment as specified by the employer.
9. social insurance, unemployment insurance and medical insurance are specified as follows: a) the rate of% calculated on the salary, social insurance, unemployment insurance, medical insurance are the responsibility of the employers and of the workers under the provisions of the law on social insurance , unemployment insurance, medical insurance;
b) method of close, time social insurance, unemployment insurance, medical insurance of employers and of workers.
10. fostering training, improve their vocational skills of workers in the process of implementation of the contract: rights, obligations of the employers and the employees in ensuring time, funding, training, improve their vocational skills.
11. Other content related to the implementation of the content that the two parties to the agreement.
Article 5. Modify the duration labour contract by Appendix labor contracts labor contract term only be modified once by labor contract addendum and not alter the type of contract agreements, except in cases of limited labour contract with elderly workers and employees are not Union officials who are dedicated to the provisions in paragraph 6 Article 192 of the labor code.
Article 6. The labor contract with elderly workers 1. When the employers needs and elderly workers are healthy enough following the conclusion of the consultation, healing facility established and operated in accordance with the law, the two sides can deal limited labor contract or the new labor contracts.
2. When the user needs no workers or elderly workers do not have enough health, the two sides made the termination of labor contracts.
Article 7. Announcing the results on employment try 1. Within 10 days before the end of the probationary period for employees doing the work have time trial prescribed in clause 1 and 2 article 27 of the labour law, the employer must inform the worker the worker work results did try; do try the job case meet the requirements then the end of the probationary period, the employer must be assigned the right employment contract with the employee.
2. The end of the probationary period for employees doing the work have the probationary period provided for in paragraph 3 to article 27 of the labour code, the employer must inform the worker the worker work results did try; the case work done to try meet the requirements then the employer must communicate the right labor contracts with laborers.
Item 2 IMPLEMENTATION of the LABOR CONTRACT article 8. Temporarily transfer employees to other work The employer temporarily transferred employees do work other than the labor contracts in paragraph 1 article 31 of the labor code shall be as follows: 1. The employer is entitled to temporarily transfer employees to other work than labor contract in the following circumstances : a) natural disasters, fire, epidemics;
b) apply measures to prevent, overcome accidents, occupational disease;
c) electric and water issues;
d) due to the demands of production, business.
2. The employers specific provisions in the rules of the business case by production needs, the business that the employer temporarily transferred employees do work other than the labor contracts.

3. The employer has temporarily transferred employees do work other than employment contracts enough incremental work 60 days in a year, if continue to temporarily transfer employees that do work other than the employment contract must be agreed in writing by the employee.
4. The employee does not agree to temporarily do work other than the employment contract stipulates in paragraph 3 of this article that have to stop work then the employer must pay wages to stop work under the provisions of paragraph 1 to article 98 of the labour code.
Article 9. The deal postponed the labor contract when appointed or to be appointed the representative of the State's shares 1. The employers and workers in a limited liability company members by State owned limited liability company, a member of the parent company by the State economic Corporation, the State Corporation, the parent company of model parent company-owned subsidiary agreement postponed the labor contract in the following circumstances : a) workers are appointed by the authorized members of the Board members or the company President, Comptroller, General Manager (Director), Vice President (VP), Chief Accountant;
b) employees are made by the authorized person representing and working in the business capital of the State, or the parent company's operations in the model of the parent company-subsidiary.
2. Time to postpone implementation of the contract is the time the employee was appointed or to be appointed representing and working in the business capital of the State, or the parent company's operations in the model of the parent company-subsidiary.
Article 10. Getting workers back when expiry postponed the implementation of The labor contract workers back when the deferment period expired labor contract according to article 33 of the labour law is regulated as follows: 1. within 15 days from the date of expiry of deferment of labor contract workers must be present in the workplace and the employers to get workers back to work. Case workers can not be present at the place of work in accordance with the prescribed time limit, the workers have to bargain with the employer about the time available.
2. The employers responsibility to arrange workers to do the job in the employment contract has been committed; where does the layout is the work of labor contracts had committed the two sides to the new work agreement and make amends, supplements the labour contract has committed or the new labor contracts.
Section 3 AMENDMENT, Supplement, TERMINATION of LABOR CONTRACT article 11. Unilaterally terminate the employment contract of workers 1. Workers have the right to unilaterally terminate the labour contract at the point c paragraph 1 to article 37 of the labour law in the case of employers who beat or verbal behavior, insults, behavior that affects the health, dignity, honor or forced labor; sexual harassment in the workplace.
2. Workers have the right to unilaterally terminate the labour contract at the point d Article 37 paragraph 1 of the labor law in the following cases: a) Must leave to take care of his wife or the husband, father, mother, father-in-law, mother-in-law, or father-in-law, husband, mother, child, adopted child gets sick , to accidents;
b) When abroad to live or work;
c) families having difficulties due to natural disasters, fires, pest, disease or relocation that workers have found all the measures but could not continue to perform the contract.
Article 12. Unilateral termination of labor contract by the employer the right to unilaterally terminate the employment contract by the employer at the points a and c of Article 38 paragraph 1 of the labor code shall be as follows: 1. The employer must specifies criteria to rate the job done in the regulation of the business , as a basis for reviews of non-regular workers completed the work under the contract. Regulation reviews the level of completed tasks by employers issued after the opinion of the representative organization of workers at the facility.
2. other unforeseen reasons in one of the following cases: a) due to the enemy, disease;
b) relocate or narrow the location of production, business at the request of the competent State bodies.
Article 13. Change the structure, technology and economic reasons 1. Change the structure, technology in clause 1 Article 44 of the labor code includes the following cases: a) change structure, organized labour;
b) to change the product, the product structure;
c) change processes, technologies, machinery, equipment, trading tied to the production lines, the business of the employer.
2. Economic reasons in paragraph 2 to article 44 of the labor code in one of the following cases: a) depression or recession;
b) policy of the State when the economic restructuring or the implementation of international commitments.
3. in case of changing the structure, technology or economic reasons that affect jobs or risk job loss, pay for retrenchment from 2 or more workers, the employers who perform obligations under the provisions of article 44 of the labor code.
Article 14. Retrenchment, loss of job subsidies 1. The employer is responsible to pay retrenchment under the provisions of article 48 of the labour code for workers worked regularly for themselves from 12 months up enough when the labor contract termination in accordance with clause 1, 2, 3, 5, 6, 7 36 Article 9, and the employers unilaterally to terminate the labor contract according to the provisions of article 38 of the labour law.
2. The employer is responsible to pay support, job loss under the provisions of article 49 of the labour code for workers worked regularly for themselves from 12 months up enough lost jobs due to structural changes, technology or economic reasons or due to merger , merge, split, split the cooperative business prescribed in clause 36, 44 and Article 10, Article 45 of the labour code.
3. Working time for retrenchment, subsidize job loss is the total time the employee has worked for the practical use of labor minus the time workers have joined the unemployment insurance under the provisions of the law and working time have been the employers pay retrenchment. Among them: a) the time the employee has worked for the employer include: the time the employee has worked for the employer; time trial, apprenticeship, vocational assignments to work for the employers; the time was the labour candidate for school use; time off to enjoy the mode according to the provisions of the law on social insurance; working time according to article 110, the raw enjoyment of salary under 111, 112, 115 and 116 Articles paragraph 1 Article of the labor code; time off for trade union activities under the provisions of the law of the Union; time to stop the job, not the fault of workers; holiday time because the work is temporarily suspended and the time in custody, the detention but was back to work by the competent State Agency concluded not guilty;
b) time workers have joined the unemployment insurance include: time for employers who have unemployment insurance premiums under the provisions of the law and the time the employer has to pay at the same time with the employee's pay period an amount equivalent to the level of unemployment insurance premiums pursuant to the law;
c) working time for retrenchment, loss of employment support workers are calculated according to the year (full 12 months), cases, travellers from February 01 to February 6th under enough is calculated by 1/2 years; from 06-enough back-up is calculated by 12 years of work.
4. Retrenchment, loss of job subsidies in some special cases are defined as follows: a) case workers have actual work time for the employers from 12 months back up enough to lose a job but working time for the calculation of loss of job subsidies of less than 18, then the employer is responsible to pay the subsidy takes employment for workers with at least 10 months ' salary;
b) where after the merger, merger, corporate separation, the cooperative that laborers in labor contract termination, then the employer is responsible to pay retrenchment or loss of job subsidies for the time workers have to work for yourself and the time the employee has worked for the employer before the merger , merge, split, cooperative business.
5. within 7 working days from the date of termination of the employment contract, the employer is responsible for full payment of retrenchment or job loss for workers. The payment period may be extended, but not more than 30 days from the date of termination of the employment contract in one of the following cases: a) the employer is not the individual termination of activity;
b) The employers or workers to meet the enemy, fire, disaster or infectious disease;
c) The employers change the structure, technology or economic reasons as prescribed in article 13 of this Decree.
6. Funding to pay retrenchment, loss of job subsidies are accounted into the costs of production, business or funding activities of the employer.
Article 15. Accountable plans, employers pay retrenchment, loss of job subsidies of the employer in the case of transfer of ownership or the right to use the assets of the business 1. The case of transfer of ownership or the right to use the assets of the business, the previous employer is responsible for the construction scheme of employers under the provisions of article 46 of the labour code.

2. Employees must terminate the labor contract according to employer approach prescribed in paragraph 1 of this article the responsible employers calculate pay subsidised job loss under the provisions of article 49 of the labour code.
3. Employees continue to be used, transported workers retrain to keep use, workers are turning to work full-time in the business after the transfer of ownership or rights to use assets according to employer approach prescribed in paragraph 1 of this article when terminating the employment contract the next employer is responsible for calculating pay retrenchment under the provisions of article 48, or loss of job subsidies according to the provisions of article 49 of the labour code for workers time working fact for himself and retrenchment for the time employees working in business When the transfer of ownership or rights to use assets, including working time in public sector employment last modified on transfer of business ownership or rights to use assets before August 1, 1995.
4. in case of the employer's business after the transfer of ownership or the right to use the assets of the business continues to perform the transfer of ownership or rights to use assets in whole or in part the business of employers before and after the transfer of ownership or rights to use assets that are responsible for implementing the provisions of paragraph 1 , 2 and 3 of this article.
Chapter III the COLLECTIVE BARGAINING, COLLECTIVE LABOR AGREEMENT article 16. Collective bargaining collective bargaining recurring periodically as specified in paragraph 2 to article 67 of the labour code are conducted at least once a year. The time of conducting collective negotiations by the two parties to the agreement.
Article 17. The responsibility of the Union organizations, organizations representing the employers and the State administration of labour in the collective negotiation session 1. The case received the written recommendation of either party to the collective bargaining, the Vietnam General Confederation of labor, the Labor Union, central cities, union organizations level on the basis of direct, representative organizations of employers in local and Central Ministry of labor, invalids and Social Affairs, the provincial people's Committee, districts have elected officers attend collective bargaining sessions.
2. Officers shall be held, the election Agency attended the session to negotiate a collective responsibility to provide the information related to the content of the labour legislation guidelines for the participants in the collective bargaining.
Article 18. Who signed the collective labor agreements of enterprises 1. Who signed the collective labor agreements of businesses in clause 1 Article 83 of the labour code are specified as follows: a collective Labor Party) is the President of the Trade Union or trade union Chairman supervisor in establishments where no established unions;
b) Parties who the employer is represented by-law provisions in the Charter of the cooperative enterprise, the head of the Agency, organization or individual employers under the employment contract.
2. in case the signing of collective labour agreements stipulated in paragraph 1 of this article does not directly signed a collective labor agreement, the legal authorization in writing to another person signed the collective labor agreement. Person authorized to not continue to authorize someone else to sign collective labor agreements.
Article 19. Responsible for receiving the collective labor agreement of the State Agency on labour responsibilities of the State administration of labour when receiving the collective labor agreement are defined as follows: 1. Set the shared management of the collective labour agreement under model by the Ministry of labor, invalids and social regulations.
2. Within 15 days from the date of the collective labour agreement, if the collective labor agreements with content that is unlawful or improper signing authority, the State Agency has a written request the people's Court declared the collective labor agreement was void , and send the two sides signed the collective labor agreement said.
Case of collective labor agreement was not yet in force, the State Management Agency have written request the two parties conducted negotiations to modify, complement the collective labour agreement and sent to the State Agency as a rule.
Article 20. The petitions declare collective labor agreement was void When the inspector or expedited, accusations about labor, if the collective labour agreement in one of the cases specified in article 78 of the labour code, the head of the delegation, inspected or independent labour inspectors or people assigned to the specialized inspection record-setting labor agreements can disable the text required. The people's Court declared the collective labor agreement was void.
Chapter IV the SALARY article 21. Wages and salaries according to clause 1 and clause 2 Article 90 of the labour code are specified as follows: 1. The wages stated in the employment contract by the employee agreement with the employers to perform certain tasks, including: a) the salary according to the job or position is salary in salary scale Payroll due to the use of building workers according to the provisions of article 93 of the labour code. Salary for simple work for labor conditions and the time of normal working hours (does not include extra payments when employees work overtime, work at night) is not lower than the minimum wage stipulated by the Government;
b) salary allowance is the amount offset the factors about labor conditions, the complex nature of the work, living conditions, the degree of attraction of labour have not been up to or the computer is not adequate in salary according to the job or job title;
c) The additional account is additional funds in addition to the salary, allowances and salaries related to work or titles in the labour contract, excluding bonuses, mid-shift, grants, subsidies of the employers are not related to work or titles in the labor contract.
2. wages paid to employees are based on the salary of the labor contract, the labor productivity, the quantity and quality of work that the employees had done.
3. The salary stated in labor contracts and salaries paid to employees are regulated by the Vietnam Dong, except wages, wage allowances for non-residents, residents are foreigners in accordance with the law on foreign exchange.
Article 22. Payroll forms payroll forms according to paragraph 1 Article 94 of the labour code are specified as follows: 1. wages over time are charged for workers based on the actual work time by month, week, day, hour, specifically: a), wages are paid for one month of work identified on the basis of a labour contract;
b) wages paid for a week work week determines on the basis of the salary, multiplied by 12 and divide by 52 weeks;
c) on wages paid for a day's work identified on the basis of the salary, divided by the number of normal working days in the month according to the provisions of the law that business choice;
d) salaries are charged for an hour of work determined on the basis on wages divided by hours worked normally during the day according to the provisions of article 104 of the labour code.
2. Salary products are charged based on the number of completed levels, product quality according to the norms of labour and the price of products delivered.
3. The salary of the stocks to be charged based on the volume, quality of work and time to complete.
Article 23. Term of payment for those who enjoy salaries, 1. Paid workers may be paid a month or half a month.
2. The time paid by the two parties to the agreement and is assigned to a fixed point in the month.
Article 24. The principle of pay 1. Workers are paid directly, in full and on time.
2. Special cases due to natural disaster, fire or other unforeseen reasons that the employer has to search every remedy but unable to pay the salaries on time agreed upon in the labour contract shall not be deferred too may 1st. The employers who pay more for workers due to slow salaries shall be as follows: a slow-pay period) if under 15 do not have to pay more;
b) If slow paying time from 15 days or more, they must pay an additional funds at least equal to the amount deferred with interest rate ceiling of deposit mobilization, 1st term by the State Bank of Vietnam announced at the time. When the State Bank of Vietnam does not make interest rate ceiling shall be calculated at the interest rate of the deposit mobilization, 1st term of commercial banks, where the enterprise, open a trading account agency reported at the time.
Article 25. Overtime wages, working at night 1. Employees are paid overtime according to paragraph 1 Article 97 of the labour code are specified as follows: a) paid workers over time are paid overtime when working outside normal working hours as employers regulated under the provisions of article 104 of the labour code;
b) paid workers according to the product paid overtime when working outside normal working hours to do more product volume, number, work out the amount, the volume of the product, the work according to the norms of labor under an agreement with the employer.
2. overtime wages under clause 1 of this unit price is calculated according to wages or salary actually paid in the work are the following: a) On weekdays, at least by 150%;
b) On working days, at least by 200%;
c) into the new year, holidays, paid holidays, at least by 300%, not to mention the salary on public holidays, paid holidays under the provisions of the labour code for workers paid by the day.

3. Employees working at night under item 2 Article 97 of the labour code, shall be charged more at least 30% of the wages calculated according to the price of food or money to pay wages according to the work of the normal working day.
4. Workers work overtime at night under paragraph 3 to article 97 of the Labour Code shall in addition pay as specified in paragraph 2 and Paragraph 3 of this article, the remaining workers are paid 20% more salary calculated according to the unit price of salary or wages actually paid according to work done on the day of the normal working day or working week or day of holidays , the lunar new year.
5. Workers work overtime on holidays coincide on the working day stipulated in article 110 of the labour code are paid overtime on holidays, lunar new year. Workers do overtime on days off compensate when on public holidays coincide on working days as defined in paragraph 3 to article 115 of the labour code are paid overtime on holidays.
6. Salaries paid to workers when overtime, night work provisions in paragraphs 2, 3, 4 and 5 of this count corresponds to the form of payment specified in article 22 of this Decree.
Article 26. As a base to wage paid to employees in time to stop the annual vacation, holiday, holidays, paid private job, advance salaries and salary deductions 1. As a base to wage paid to employees in time to stop the in clause 1 Article 98 of the labour code is the salary stated in labor contracts when employees had to stop work and be charged respectively with forms of pay according to the time specified in Article 22 paragraph 1 of this Decree.
2. as a base to wage paid to workers in an annual holiday in article 111; on vacations annually increased according to seniority to work in article 112; holidays public holidays in the holidays and 115 private Thing paid in clause 1 Article 116 of the labor code is recorded in the wages of labor contract last month, divided by the number of adjacent normal working day of the month specified by the employer, multiplied by the number of days the employee annually the annual increase, according to seniority of work, holidays, new year, paid private job.
3. The salary as a base pay for workers in those days not working in or not yet break off on vacations annually in article 114 of the labour code are specified as follows: a) for workers who have been working from enough 6, back up is the average wage under the labor contract of the adjacent 06-before workers retrenchment , lost jobs. For workers not yet break every year or have yet to break off on vacations annually because of the reason is that the average wage under the labor contract of the adjacent/06 before the employers calculate pay by money on the annual holiday yet;
b) for employees working time under 6 months is the average wage under the labor contract of the whole working time.
4. Salary calculation of pay for workers of the day not yet break every year or have yet to break off on vacations annually is the salary prescribed in clause 3 of this divided the number of normal working days in accordance with the employers of the month prior to the time the adjacent employers calculate pay , multiplied by the number of days has not rested or not yet break off on vacations annually.
5. The salary as a base to advance to workers in temporary job time to fulfill the obligation of citizens as stipulated in item 2 Article 100 or is temporarily suspended the work prescribed in article 129 of the labour code as wages under the employment contract of the adjacent last month before temporary workers leave or is temporarily suspended the work and be charged respectively with forms of pay according to the time specified in Article 22 paragraph 1 of this Decree.
6. The salary base salary deductions of the employee to compensation for damage caused by damaged equipment and instruments in paragraph 1 to article 130 of the labour code is the actual wage workers receive monthly after the excerpt remit compulsory social insurance , medical insurance, unemployment insurance and personal income tax (if any) prescribed.
Chapter V LABOR DISCIPLINE, PHYSICAL LIABILITY Item 1 article 27 LABOR DISCIPLINE. The contents of labor regulations The content of labor regulations under item 2 Article 119 of the labour code are specified as follows: 1. During working hours, time to rest: time regulations work normally in 1 day, 1 week; CA work; start time, end time work shifts; overtime (if available); overtime in special cases; the time of the short break out time between the hours; vacation switch ca; holidays downloads; the annual vacation, the holiday, the holiday is not entitled to wages.
2. Order at work: the provisions of the scope of work, go back in time to work; culture behaves, dresses; in compliance with the assignment, the maneuver of the employer (except where clearly the risk of an accident, occupational disease, a serious threat to life and health).
3. secure labour, labour hygiene in the workplace: responsible for mastering the rules of safety and hygiene, fire prevention; Executive measures to ensure occupational safety, labour hygiene, prevention of labor accidents, occupational disease; compliance with rules, procedures, standards, safety standards, hygiene and labour; use and storage of personal protection means; sanitary, antiseptic, detoxifying at work.
4. Protect your property, secret technology, trade secrets, intellectual property of the employer: the category of assets, documents, secret technology, trade secrets, intellectual property right protection in the scope of the assigned responsibilities.
5. The violations of labor discipline, disciplinary forms of labour and physical responsibilities: category of violations, the level of the corresponding violation with disciplined forms of labour; the extent of damage, the compensation liability.
Article 28. Registration of labor regulations and the effect of labor regulations 1. Within 10 days from the date of promulgation of labor regulations, the employer must submit the registration dossier labor regulations for State administration of labour, provincial business registration places.
2. Upon receipt of the full application to the labor rules, the State administration of the provincial-level labor certifications received sign labor regulations for the employers.
3. within 7 working days from the date of receiving the registration profile labor regulations, if labor regulations have provisions contrary to the law, the State administration of provincial workers have written to inform and guide the employers to modify, Supplement and labor regulations.
4. Upon receipt of the written notice specified labor rules contrary to law, the employers additional amendments to labor regulations, consult the Organization's collective labor representative at the facility and make registration labor regulations.
5. in case of modification, additional labor regulations are in effect, the employer must consult the Organization's collective labor representative at the facility and make registration labor regulations.
6. Registration documents back labor regulations prescribed in clause 4 and 5 this is done as registered labor regulations.
7. Labor regulations to take effect after the time limit of 15 days from the date of the State administration of provincial workers receive registration documents or the registration documents back labor regulations.
8. The employer has a branch, unit, base, manufacturing business located in several provinces and cities under central responsibility to send after labour regulations in effect to state regulators about provincial labour where most recent branch, unit, production base , business.
9. The employers use below 10 workers not registered labor regulations.
Article 29. Disciplined workers for workers raising children under 12 months of age 1. The employers were not disciplined workers for labor is the father, mother or foster father, mothers are raising legitimate children under 12 months of age.
2. When the time raising children under 12 months of age, that time has expired, then the disciplinary stretched time disciplined labor, but must not exceed 60 days from the day the time raising children under 12 months of age.
Article 30. Disciplinary order of labour disciplinary order of labour in article 123 of the labour code are specified as follows: 1. The employers send a notice in writing on the join a meeting disciplined labor for Trade Union Committee of the Executive Board or base-level Trade Union on the basis of where not yet established the Union base workers, the father, mother or legal representative of workers under 18 years of age at least 5 working days before the meeting.
2. disciplinary meeting of labour was conducted in the presence of the full range of participants be notified as prescribed in paragraph 1 of this article. The case of the employers has 3 times the notice in writing, which one of the participants is not present then the employer who conducted disciplinary meetings employees, unless workers are in no time be disciplined as defined in paragraph 4 to article 123 of the labour code.
3. disciplinary meeting of labour must be established as the minutes passed and the participants before the end of the meeting. The minutes must be fully signed by the participants of the meeting specified in paragraph 1 of this article and the person who created the report. The case of one of the components has attended the meeting without signing the minutes shall specify the reason.

4. The concluding labor contracts as defined in points a, b, c and d of paragraph 1 of article 3 of this Decree is the competent disciplinary decision of labor for employees. Commissioner of labor contracts only disciplinary authority labor in the form of rebuke.
5. disciplinary decisions of labour must be issued within a period of time the workers disciplined or prolonged duration of time disciplined labour under Article 124 of the labour code, disciplinary decisions of labour must be sent to the participants the session handle labor discipline.
Article 31. Disciplinary dismissal for workers who voluntarily quit the 1. Apply a disciplined form of layoffs for workers arbitrarily remove the 5 working days carried within 30 days from the first date arbitrarily quit or 20 working days plus Fort within 365 days from the first date arbitrarily quit without good reason.
2. The employee has reasonable grounds in the following cases: a) due to natural disaster, fire;
b) yourself, father, mother, father, foster mother, father-in-law, mother-in-law, father-in-law, mother-in-law, wife or husband, a child, legally adopted child is ill have confirmation of the base doctor, healing was established and operated in accordance with the law;
c) other cases set forth in the labor regulations.
Category 2 MATERIAL RESPONSIBILITY Article 32. Compensation compensation according to the provisions of article 130 of the labour code are specified as follows: 1. The employee must compensate as many as 3 months salary in contract labor of months ago before causing damage to adjacent by monthly deductions in the form of salary as defined in paragraph 3 to article 101 of the labour law to make negligence damaged tools and equipment with a value of actual damages not to exceed 10 minimum wage applicable in the region where the employee works published by the Government.
2. The employee must compensate the damage in whole or in part by the market price when in one of the following cases: a) the inadvertent damaging devices with actual damage value from 10, the minimum wage applicable at the place where older workers employed by government publication;
b) Do loses the tool, equipment, property of the employer or other assets delivered by the employer;
c) consumable supplies too norms allowed by the employers.
3. in case of damage to workers who employers as defined in paragraph 2 of this Article which has a contract with the responsibility of employers to contract claims responsibility.
4. in case of damage caused by natural disasters, fire, pest, disease, disaster or due to events occurring objectively could not foresee and could not overcome even though the employer has to apply all necessary measures and the possibility of allowing the workers compensation.
5. The procedures and time limits the compensation processing is applied according to the order, the procedure and time limits disciplined labor.
Article 33. Complaints about labor discipline, physical responsibility 1. People were disciplined labor, suffer suspension from work or are compensated according to the mode of material responsibility if found unsatisfactory, then have a complaint with the employers, with the competent authorities under the provisions of the law or require resolve individual labor disputes according to the order prescribed in article 201 of the labour code.
2. The employer must cancel or decision replaced decision issued and notified to the employees within the business to know when the State Agency has the authority to resolve the complaint concluded with other disciplinary decisions of labour or the decision to temporarily suspend the work or the decision of compensation according to the mode of material responsibility of the employers.
3. The employer must restore the rights and interests of workers are violated due to disciplinary decisions of labour or the decision to temporarily suspend the work or compensation decision of the employers. The case of labor discipline by unlawful dismissal the employer is obliged to implement the provisions of paragraph 1, 2, 3 and 4 Article 42 of the labour code.
Chapter VI LABOR DISPUTE RESOLUTION Article 34. The labour arbitration Council 1. The labour arbitration board in article 199 of the labor code includes the following components: a) the President of the Council is head of the State administration of labour;
b) Secretaries;
c) The members of the Board are representative unions, organizations representing the employers.
2. The Chairman and the members of the Council to work in part-time mode, the term is 5 years.
3. The secretariat of the Council in the staffing of the Department of labor, invalids and Social Affairs working in dedicated mode and enjoy the responsibility allowance allowance equivalent to the position of head of Department.
4. The President of the Council of labor arbitration rules of work of the Council regulation.
Article 35. Handle is not the correct strike sequence, procedure for the handling of the strike is not in the right order, the procedure in article 222 of the labor code shall be as follows: 1. To declare strikes the incorrect order and procedure of the people's Committee Chairman issued the following regulations : a) When it deems the Organization and leadership of the strike occurred does not comply with the provisions of article 212 and 213 of the labour code, the employer notify the President of the people's Committee at district level and labor unions of the district, County, town, city or province in the Industrial Union export processing zones, economic zones, high-tech zones where the strikes occurred;
b) immediately after receiving notice of the employers, the President of the people's Committee at district level Steering labour invalids and Social Affairs in collaboration with district Labor Union, district, town, city or province in the Union of the industrial park, export processing zones, economic zones, high-tech zones where occurs the strike to check the work. Within 24 hours from the receipt of the direction, labor, invalids and Social Affairs to report people's Committee Chairman granted the district test results;
c) where the strike is not in the right order, then the procedure within a period of 12 hours, after receiving the report of the Department of labour, invalids and Social Affairs, President of the people's Committee at district level have suggested text people's Committee Chairman granted the decision declaring the strike violated the order and procedure;
d) within 12 hours after receiving the recommendation of the President of the people's Committee at district level, the Chairman of the provincial people's Committee issued decision declaring the strike violated the order and procedure and notify the President of the people's Committee at district level.
2. within 12 hours from the receipt of the decision declaring the strike violated the order and procedure of the people's Committee Chairman of the provincial people's Committee Chairman, district level Steering labour, invalids and Social Affairs, in collaboration with district Labor Union , district, town, city or province in the Union of the industrial park, export processing zones, economic zones, high-tech zones where the time of the strike, the Agency held that relate directly to meet the employers, the Trade Union Committee of the facility or the direct superior Union base in place have not formed the basis for the Union to hear opinions and support the award party determination.
3. Participants of the strike are not in the right order, the procedure does not pay and other benefits as prescribed by the law in time to join the strike. Workers did not join the strike but had to stop work because of the strike, then stop paying the prescribed in clause 2 Article 98 of the labour code and other benefits in accordance with labour legislation.
Article 36. Compensation in the case of illegal strikes the compensation for damage in case of illegal strikes in clause 1 Article 233 of the Labour Code stipulates as follows: 1. The employers determine the value of the damage caused by the illegal strike caused, including : a) damage to the machinery, equipment, resources, course materials, semi-finished products, finished products damaged after subtracting revoked due to liquidation, recycling (if applicable);
b) remedial costs due to illegal strikes cause include: operate the equipment according to the required technology; repair, replacement machinery, damaged equipment; recycling course materials, semi-finished products, finished products are damaged; preserving resources, course materials, semi-finished products, finished products during the strike out; environmental hygiene; customer compensation or punish breach of contract due to strikes occur.
2. The user has the required text labor unions led strikes illegal compensation. Written request to have some content: a) the value of the damage caused by the illegal strike causes specified in Clause 1 of this article;
b) value of the claim;
c) time limit for compensation.
3. Based on the text content of claims for damages of the employers, Union representatives directly strike leaders have a responsibility to make compensation for the damage under the rules.
The case does not agree with the value of the damage, the value of compensation, the compensation period at the request of the employer shall within 5 working days from the receipt of the required documents, the representative trade unions directly strike leaders have written to recommend the use of labor organizations negotiated the content not yet agreed upon. negotiate, if unification, the two sides have the responsibility to make the content was agreed. If not, then either party has the right to ask the Court to resolve under the provisions of the law.
Chapter VII ENFORCEMENT PROVISIONS Article 37. Effect 1. The Decree has effect from January 3, 2015.

2. Decree No. 196/CP on December 31, 1994 the Government detailing and guiding the implementation of some articles of the labor code on collective labor agreements; Decree No. 93/2002/ND-CP dated 11 November 2002 the Government's amendments and supplements to some articles of the Decree 196/CP on December 31, 1994 the Government detailing and guiding the implementation of some articles of the labor code on collective labor agreements; Decree No. 41/CP dated 6 July 1995 from the Government detailing and guiding the implementation of some articles of the labor code of discipline of labor and material liability; Decree No. 33/2003/ND-CP dated April 2, 2003 the Government's amendments and supplements to some articles of Decree No. 41/CP dated 6 July 1995 from the Government detailing and guiding the implementation of some articles of the labor code of discipline of labor and material liability; Decree No. 11/2008/ND-CP on 30 January 2008 by government regulation on compensation in cases of unlawful strikes causing damage to the employer and the previous provisions contrary to the provisions of this Decree, effective from the date of the Decree has effect.
Article 38. Transitional provisions 1. Labor contracts, collective labour agreements, labor regulations and the regulations of the employers had signed or issued before the date of the Decree has effect, the relevant party check, modify, and execute the procedure issued as prescribed in this Decree.
2.100% capital for enterprises or State Enterprise equitization of State enterprises when terminating labor contracts that workers had time to work in the organs, organizations, enterprises, units in the public sector and moved to work in the business before January 1, 1995 but have not yet received the retrenchment or job loss, the the employer is responsible to pay retrenchment or job loss for time the employee has worked for himself and to pay retrenchment for the time the employee has worked for the agencies, organizations, units, enterprises in the public sector.
3. Who is working in a limited liability company members by the State as owners are granted authority appointed members of the Board members or the company President, ceo (Director), Vice President (VP), controllers, accountants or appointed representative shares and working in other business before the date of this Decree the effect is time postponed the labor contract according to the provisions of article 9 of this Decree shall be counted from the date of appointment or be elected to the representative shares.
Article 39. Responsibility 1. Minister of labor, invalids and Social Affairs is responsible for guiding the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and agencies, organizations, businesses and individuals concerned is responsible for the implementation of this Decree.