The Decree 103/2014/nd-Cp: Prescribing The Minimum Wage For Employees Working In Enterprises, Cooperatives, The Cooperative Farms, Households, Individuals, Organizations And Agencies C. ..

Original Language Title: Nghị định 103/2014/NĐ-CP: Quy định mức lương tối thiểu vùng đối với người lao động làm việc ở doanh nghiệp, hợp tác xã, tổ hợp tác, trang trại, hộ gia đình, cá nhân và các cơ quan, tổ chức c...

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THE GOVERNMENT.
Number: 103 /2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 11, 2014

DECREE

Regulation of a regional minimum wage for workers working in business, cooperative, cooperative organization, farm, and business.

household, individuals and agencies, the organization has a hiring employer under the contract of labor contracts.

________________________________

Government Law Base December 25, 2001;

The Labor Code base on June 18, 2012;

Corporate Law Base November 29, 2005;

At the suggestion of the Minister of Labor-Trade and Social Affairs,

The government issued a decree regulating the minimum wage for labourers working in the business, cooperative, cooperative organization, farm, household, private, and agencies, employers and employers.

What? 1. The adjustment range

The decree stipulated that the minimum wage of the region applies to workers working in the business, cooperative, cooperative, farm, household, personal, and agencies, and the organization employed by employers under the provisions of the Ministry of Commerce. Labor law.

What? 2. Subject applies

1. Enterprise established, manages and operates under the Enterprise Law (including businesses with foreign investment in Vietnam that do not re-register or have not converted by regulation at Point 2 and Clause 3 Article 170 of the Enterprise Law).

2. Cooperable, cooperative association, cooperative organization, farm, household, individual, and other organizations of Vietnam are employed by labor contracts.

3. The agency, foreign organization, international organization and individual foreign persons in Vietnam have employed labour under the contract of labor (except for the case of international treaties that the Socialist Republic of Vietnam is the other regulated member with the rule of the country). This decree.

Businesses, coopercooperation, cooperative associations, cooperative organizations, farms, households, agencies, organizations and individuals stipulate in Clause 1, 2, and Clause 3 This later collectively known as business.

What? 3. Area minimum wage

1. Regulation the applicable regional minimum wage for business as follows:

a) Level $3.100,000 per month, applicable to the operating business on the site of the I.

b) The 2,750,000-per-month level, applies to the operating business on the site of Region II.

c) Level 2,400,000 copper/month, applicable to the operating business on the site of Region III.

d) The 2,150,000-per-month level, applicable to the operating enterprise on the site of Region IV.

2. The territory of Region I, Region II, Region III and Region IV is regulated at the Appendix issued by this decree.

What? 4. The principle of applying the minimum wage zone to the site

1. The operating business on the table is to apply the minimum wage of the specified area to that table.

2. The operating business on the adjacent locations has a different regional minimum wage, which applies the minimum-level regional minimum wage to the highest-level minimum wage. As a unit of business, the branch operates on various regional minimum wage sites, the unit, the operating branch of the table, which applies the minimum wage to that site.

3. Enterprise operating in the industrial zone, the manufacturing sector on the site of various regional minimum wage, applies to the site with the highest level minimum wage.

4. The operating business on the site has a name change or split that temporarily applies a specified area minimum wage to the site before changing the name or split until the Government has a new regulation.

5. Enterprise operating on a newly formed site from one location or multiple venues with a different minimum wage, the minimum wage zone minimum wage. The case of an active business in the newly formed city of a newly established province or landmass of Region IV applies the minimum wage of provisions to the province's municipal site remaining in the Third Appendix. It ' s an executive order.

What? 5. Apply Region minimum wage

1. The minimum wage of regulation in Article 3 of this Agreement is the lowest level as the basis for business and the worker to deal and pay wages, in which wages pay workers to work in normal labor conditions, secure enough time to do so. time to work normally in the month and complete the level of labor or job that has agreed to ensure:

a) No less than the regional minimum wage for workers who have not yet trained to do the simplest job;

b) It is at least 7% higher than the regional minimum wage for workers who have passed the prescribed profession at Clause 2 This.

2. The worker who went through the apprenties, including:

a) The person who has been granted a career certificate, by profession, by a vocational high degree in regulation at Decree No. 90 /CP on 24 November 1993 of the Government stipulated the framework of the framework of the national education system, the degree system, the certificate of education and training;

b) People have been granted a vocational certificate, in accordance with the provisions of the Education Law in 1998, the Education Law of 2005 and the National Vocational skills certificate in the Law of Employment;

c) People have been granted a certificate under a regular vocational program, a career certificate, a vocational high school diploma, a vocational college diploma, or having completed a vocational training program under a vocational contract in Teaching Law;

d) Who has been granted a degree, certificate of the profession of foreign training facility;

He has been trained in vocational training or self-taught and tested by the business, working as a job for vocational training.

3. Based on the regulatory minimum wage at Article 3 of this Agreement and the content of the agreement in the labor contract with the worker, the collective labor agreement or the statute of the business, the business in coordination with the Executive Corps Executive Board. And the employer, the employer, and the workers to deal with, determine the extent of the salaries of the salaries, the payroll, the salaries of the labor contract, and the salaries of the workers to the right, ensuring the provisions of the labor law and the relevant conditions. The salaries of unpaid labor with labor through training and labourers have specialized, technical qualifications, between new labor and labor. Employers, employers, and employers, work at the business.

4. When performing a minimum wage in regulation at this Decree, the business is not cleared or cut to wage regimes when workers do overtime, work at night, work in heavy, toxic labor conditions, the regime ' s most important, and more. Food fostering, toxic, and other regimes, according to the law of labor law. Allowable allowable allowable allowable allowable allowable allowable allowable allowable bonuses are made by agreement in the contract of labor, collective labor agreement, or in the regulation of the business.

What? 6. Effect of execution

1. This decree has been in effect since 1 January 2015. Number Protocol 182 /2013/NĐ-CP November 14, 2013 The Government provides a regional minimum wage for workers working in the business, cooperative, cooperative organization, farm, household, private, and agencies, employers and agencies, and organizations, organizations, and agencies. The date of this decree comes into effect.

2. Ministry of Labor-Trade and Social presided over, in coordination with the Vietnam Labor Federation, Vietnam Chamber of Commerce and Industry, Vietnam Cooperated Union, Small Business Association and both Vietnam, ministries, related agencies and the People ' s Commission of Vietnam. The provincial city, the central city of the Central Committee of propaganda, is common to the worker, the employer, and the inspection, which oversees the implementation of the prescribed minimum wage at this decree; the government considers, regulating the minimum wage. The region is by statute.

3. Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the Provincial Committee of the Provincial People, the Central City and the agencies, the business is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung