Circular 31/2014/ttlt-Bldtbxh-Bqp: Modify, Add The Name And Some Articles Of Circular No. 26/2011/tt-Bldtbxh-Bqp On December 12, 2011 Pilot Implementation Guides Managing ...

Original Language Title: Thông tư liên tịch 31/2014/TTLT-BLĐTBXH-BQP: Sửa đổi, bổ sung tên gọi và một số điều của Thông tư liên tịch số 26/2011/TT-BLĐTBXH-BQP ngày 12 tháng 10 năm 2011 hướng dẫn thực hiện thí điểm quản lý ...

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CIRCULAR additional amendments and some articles of circular No. 26/2011/TTLT-BLDTBXH-BQP on October 12th, 2010 of the Ministry of labor, invalids and Social Affairs, the Department of Defense instructions perform salary management pilot for the parent company-military telecommunications Corporation in the period 2011-2013 under Decree No. 65/2010/ND-CP on July 29, 2011 The Government _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 106/2012/ND-CP dated 20 December 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of labor, invalids and Social Affairs;
Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013 of the Government functions, tasks, powers and organizational structure of the Department of Defense;
Pursuant to Decree No. 65/2010/ND-CP on July 29, 2011 of the Government make salary management pilot for the parent company-military telecommunications Corporation in the period 2011-2013;
Pursuant to Decree No. 74/2014/ND-CP dated 23 July 2014 of the Government revising, supplementing a number of articles of Decree No. 65/2010/ND-CP on July 29, 2011 of the Government make salary management pilot for the parent company-military telecommunications Corporation;
Minister of labor, invalids and Social Affairs, the Minister of Defence issued a circular amending and supplementing a number of articles and names of circular No. 26/2009/TT-BLDTBXH-BQP on October 12th, 2010 of the Ministry of labor, invalids and Social Affairs, the Department of Defense instructions perform salary management pilot for the parent company-military telecommunications group stage 2011-2013 under Decree No. 65/2010/ND-CP on July 29, 2011.
Article 1. Modify the name circular No. 26/2011/TTLT-BLDTBXH-BQP on October 12th, 2010 of the Ministry of labor, invalids and Social Affairs, the Department of Defense instructions perform salary management pilot for the parent company-military telecommunications Corporation in the period 2011-2013 under Decree No. 65/2010/ND-CP on January 29, 2011 the Government modified the name of circular No. 26/ 2011/TTLT-BLDTBXH-BQP on October 12th, 2010 of the Ministry of labor, invalids and Social Affairs, the Department of Defense instructions perform salary management pilot for the parent company-military telecommunications Corporation in the period 2011-2013 under Decree No. 65/2010/ND-CP on July 29, 2011 of the Government (hereafter referred to as circular No. 26/2011/TTLT-BLDTBXH-BQP) into "circular No. 26/ 2011/TTLT-BLDTBXH-BQP on October 12th, 2010 of the Ministry of labor, invalids and Social Affairs, the Department of Defense instructions perform salary management pilot for the parent company-military telecommunications Corporation ".
The parent company-military telecommunications Corporation hereafter referred to collectively as the military telecommunications corporations.
Article 2. Amendments and supplements to some articles of the circular number 26/2011/TTLT-BLDTBXH-BQP 1. Modify article 3 regarding the salary and salary allowance arrangements as follows: "General Director, Deputy Director, Chief Accountant, controllers and employees of military telecommunications Corporation arranged wages, salary allowance as follows: 1. The Director General, Deputy Director, Chief Accountant, Comptroller (hereinafter collectively referred to as management officer) workers are officers, professional military made salaries, salary allowance arrangements as stipulated in Decree No. 204/2004/ND-CP dated 14 December 2004 by the Government on the salary mode for public servants, the armed forces (hereinafter the Decree 204/2004/ND-CP) and text instructions.
2. The Defense employees, employees working under employment contract, make allowances, salary wage rated on a scale of salary, payroll, salary allowances by telecommunications corporations building army as stipulated in Decree No. 49/2013/ND-CP on May 14, 2013 the Government detailing the implementation of a number of articles of the labor code on wages (hereinafter known as Decree No. 49/2013/ND-CP) and other guidance documents done. ".
2. Amend paragraph 1 to article 4 on the single salary rates as follows: "1. The price of salary for military telecommunications Corporation was delivered in two 2014 and 2015 is 200/1000 copper total revenue minus total costs yet.
Determining targets total revenue, total costs have not had wages made pursuant to the law on corporate income tax current. ".
3. Modify the point c Paragraph 2 article 4 on the increase (in%) of the average wage rate is lower than the increase rate (%) average labor productivity as follows: "c. the increase (in%) of the average wage rate is lower than the increase rate (%) average labor productivity.
The average salary, average labour productivity, the average salary increase, the increase in labor productivity averaged are determined in the annex attached to this circular. ".
4. Amend Paragraph 2 of article 5 determine the salary fund done annually as follows: "the Foundation made annual salary is determined to base targets total revenue minus total costs not yet have made wage, labor productivity and the profits made by military telecommunications Corporation as follows : a) to fund wages follow wage unit price is calculated according to the formula: Vthđg = Vđgôd x Cth (2) where: Vthđg: follow the wages Fund unit price wage.
Vđgôd: price stability assigned salaries according to the provisions in clause 1 article 4 this circular.
CTH: targets total revenue minus total costs not yet having made salary.
b) adjust the salary Fund made according to profit and labor productivity:-case 1: When the profits made and the average labour productivity made by or higher profit plans and labor productivity averaged the salary Fund plans to follow price salary is calculated according to the formula (2).
-Case 2: When the profits made and the average labour productivity made profit plan and lower labor productivity averaged the salary Fund plans to follow the price of salary is adjusted according to the formula: Vthđgđc = Vthđg-Vp-Vw (4) where: + Vthđgđc: salary Funds follow the price of salary after adjustment.
+ Vthđg: salary Funds follow the unit cost calculated according to salary formula (2).
+ Vp: the salary fund adjusted profit, calculated in one of two ways: 1 adjust the salary Fund according to the absolute level, corresponds to the number of profitable discount, calculated according to the formula: Vp = Pkh-Pth (4) including: Vp: the salary fund governed by profit.
Pkh: profit planning with the unit cost of salary as defined in clause 1 article 4 this circular.
PTH: profit made.
Method 2: adjust the salary Fund according to the relative rates, calculated according to the formula: (5) where: Vp: the salary fund governed by profit.
Vthđg: follow the wages Fund price calculated according to salary formula (2).
Vcđ: salary Fund mode is calculated according to the formula: Vcđ = Vcđsq + Vcđlđ (6) where: Vcđsq: mode of wages Fund officials and employees are officers, professional military personnel is determined by a number of officials and employees are officers, professional military personnel actually using an average salary multiplied by the average allowance, according to the provisions of Decree No. 204/2004/ND-CP and base salary due to government regulations.
Vcđlđ: the Foundation of salary mode of Defense employees, employees working under labor contract mode is determined by the number of employees, employees working under labor contracts regimen actually using an average salary multiplied by the average employment contract.
Pkh: profit planning with the unit cost of salary as defined in clause 1 article 4 this circular.
PTH: profit made.
+ Vw wage funds: the portion of adjusted labour productivity (applicable to the case after the adjustment of salary funds follow the profit according to the formula (4) or (5) that the average labour productivity taken is lower than the average labour productivity plan) calculated according to the following formula : (7) where: Vthđg: follow the wages Fund price calculated according to salary formula (2).
VP: the salary fund adjusted profit, calculated according to the formula (4) or (5).
WTH, Wkh: average labour productivity make the average labor productivity and the plan is determined according to the appendix attached to this circular.
-Case 3: When the average labour productivity taken is lower than the average labour productivity and profitability plan made more profit then plans to fund wages follow wage unit price is adjusted according to the formula: Vthđgđc = Vthđg-Vw (8) of which: + Vthđgđc: salary Funds follow the price of salary after adjustment.
+ Vthđg: salary Fund implementation.
+ Vw wage funds: the portion of adjusted labor productivity, calculated according to the formula: (9) of which: Vthđg: follow the wages Fund price calculated according to salary formula (2).
WTH, Wkh: average labour productivity make the average labor productivity and the plan, determined according to the appendix attached to this circular.
-Case 4: When the profits made profit lower than plan average labor productivity and perform equal to or higher than the average labour productivity plan must then adjust the salary fund follow the price of salary according to the following formula: Vthđgđc = Vthđg-Vp (10) of which: + Vthđgđc: salary Funds follow the price of salary after adjustment.
+ Vthđg: salary Fund implementation.
+ Vp: the salary fund adjusted profit, calculated according to the formula (4) or (5).

Fund salaries made after adjusted profit and productivity as defined in point b of Paragraph 2 of this Article not be lower the salary Fund regime. Case, when determining the salary Fund made, for workers to have the wage mode (calculated on the basis of salary, allowances, wage coefficients are arranged according to Decree No. 204/2004/ND-CP multiplied by the base salary or wages under employment contracts on average) is lower than the minimum wage in the region due to government regulation then the difference between the salary mode of these people and the minimum wage is calculated on salary fund additions made.
-Case 5: When there is no profit or loss hedge fund salaries made salary Fund are determined by the mode according to the formula (6) point b Paragraph 2 of this Article. ".
5. Modify the Points c and d addition article 8 paragraph 1 of the Telecommunications Corporation's responsibility as follows: "c) construction, issued payroll wage scale and wage allowance under the principle of building the wage scale, the payroll stipulated in Decree No. 49/2013/ND-CP and writing guidelines to apply in military telecommunications corporations.
d) summarizing, reporting the results of pilot salary management of military telecommunications Corporation in the period 2011-2015 as stipulated in clause 4 Article 6 of Decree 65/2009/ND-CP dated May 29, 2011 of the Government amended and supplemented in paragraph 5 article 1 of Decree 74/2014/ND-CP on July 23, 2014. ".
6. additional amendments clause 2 article 8 regarding the responsibility of the Ministry of defence as follows: "a) comments on the labor plan, salary, payroll, salary and allowances regulations of the Telecommunications Corporation to pay the troops perform.
b) opinions of the Ministry of labor, invalids and Social Affairs on the salary scale, payroll, salary allowance before the opinion with the army telecommunications corporations.
c) presiding, in cooperation with the Ministry of labor, invalids and Social Affairs, the Ministry of finance reviewed, adjusted unit price wage prescribed in clause 1 article 4 this circular as proposed by telecommunications group when the military State salary policy change; check, monitoring the implementation of salary management pilot for military telecommunications corporations.
d) summarizing reviews the results of salary management pilot for military telecommunications Corporation in the period 2011-2015 in accordance with the law in the third quarter of 2015. ".
7. Amend paragraph 3 to article 8 d of the responsibility of the Ministry of labor, invalids and Social Affairs as follows: "d) summarizing the reviews of the implementation of salary management pilot for military telecommunications Corporation in the period 2011-2015, reports Prime Minister in 4th quarter 2015.".
8. Amend item 2 article 9 about the effect as follows: "2. The provisions of this circular be implemented from January 1, 2014 to December 31, 2015.".
Article 3. Effect 1. This circular effect since December 24, 2014.
2. The provisions of this circular be implemented from January 1, 2014 to December 31, 2015.
In the process if there are obstacles, suggest the Agency, organization, personal reflections on the Ministry of labour, invalids and Social Affairs, the Ministry of defence to be additional, timely instructions./.