Circular 33/2013/tt-Bldtbxh Dated: A Guide To Implementing The Minimum Wage For Workers Working In The Enterprise, Cooperative, Partnership, Farm, Household, Individuals And The ...

Original Language Title: Thông tư 33/2013/TT-BLĐTBXH: Hướng dẫn thực hiện 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 ...

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Circulars implementing the minimum wage for employees working in enterprises, cooperatives, the cooperative farms, households, individuals, agencies and organizations are hiring workers _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 182/2013/ND-CP on November 14, 2013 of government regulation the minimum wage for workers employed in enterprises cooperative, the cooperative farms, households, individuals, agencies and organizations that have hired labour;
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.
At the suggestion of the Director of labour – salary, the Minister of labor, invalids and Social Affairs issued circulars implementing the minimum wage for employees working in enterprises, cooperatives, the cooperative farms, households, individuals and agencies Organization, hiring employees, article 1. Scope and object applied to this circular guides made the minimum wage applies to workers employed under a contract of labor and management officials do enterprises, cooperatives, the cooperative farms, households, individuals and agencies , the Organization has hired paid labour, including: 1. The business established, governing and operating under the enterprise law (including business for foreign investment in Vietnam is not registered under the provisions of point b, item 2 Article 170 business law).
2. Cooperative, cooperative association, the cooperative farms, households, individuals and other organizations of Vietnam has hired labor.
3. Agency, foreign organizations, international organizations and individual foreigners in Vietnam has hired labor (except in cases of international treaties to which the Socialist Republic of Vietnam is a member otherwise).
Businesses, agencies, organizations and individuals to the provisions in clause 1, 2 and 3 of this article hereinafter referred to as the business.
Article 2. The minimum wage in the region of 1. The minimum wage is stipulated in clause 1, article 3 of the Decree 182/2013/ND-CP on November 14, 2013 of the Government (hereafter referred to as the minimum wage in the region) as follows: a) 2,700,000 VND/month Rate applicable to active business on the geographical region I. b) 2,400,000/month Rate applicable to active business on geographical region II.
c) 2,100,000/month Rate applicable to active business on geographical region III.
d) level 1,900,000/month apply for business activities on the geographical region IV.
2. geographical application of the minimum wage is regulated in the appendix attached to Decree No. 182/2013/ND-CP on November 14, 2013.
3. geographical application of the minimum wage in some specific cases are defined as follows: a) geographical name changes or splits, then follow the minimum wage for the area before changing names or split; the case established the new localities from the geographical region different minimum wage then made the minimum wage according to the geographical region of the highest minimum wage; the case established city in the province from a locality or geographical region IV then made the minimum wage applicable to geographical region III.
b) active business on the adjacent localities have different minimum wage then made the minimum wage according to the geographical region of the highest minimum wage; business unit, Branch works on the geographical region different minimum wage then unit, branch operations in the area, make the minimum wage according to geographical region.
c) industrial zones, export processing zones located on the geographical region different minimum wage then active businesses in the industrial zones, export processing zones which made the minimum wage according to the geographical region of the highest minimum wage; the case of industrial zones, export processing zones have the subdivision located on the geographical region different minimum wage then active in the business sector is located on the area, make the minimum wage according to geographical region.
Article 3. Applying the minimum wage 1. The minimum wage in the region due to government regulation is the lowest wage as the basis for business and workers pay wage agreement for workers, but must guarantee the wage calculated, paid to workers not yet through the simple job training in normal labor conditions sure enough, during the normal working hours within the month and complete labor norms or have agreed not to be lower than the minimum wage because of government regulations.
2. the lowest wage paid to employees through apprenticeship (including labour business vocational self) to at least 7% higher than the minimum wage because of government regulations.
Employees through apprenticeship consists of:-The person has been granted the certificate, by profession, by vocational high school under the provisions of Decree No. 90/CP dated 24 November 1993 of the Government regulation of frame structure system of national education, qualification, the certificate about education and training;
-Who has been granted the certificate, by the profession as defined in the 1998 Education Act and the Education Act 2005;
-The person has been issued a certificate under the vocational program often, primary vocational certificate, diploma, vocational graduate diploma of profession or have completed an apprenticeship program under the contract stipulated in the law on apprenticeship training;
-Those who have been granted the degree, certificate of foreign training facility;
-Who was the business training or apprenticeship and testing business, arranged the work requires through vocational training.
3. the minimum wage stipulated by the Government for use as a base to define, adjust the salary in salary scale, corporate payroll and salary recorded in the employment contract of the employee under the provisions of labour law are as follows: a) for business was building and issued salary scale the wage table, based on the minimum wage in the region due to government regulations to identify, regulate the salaries of the salary scale, salary table but must guarantee the principles of elevator construction wages, payroll in accordance with the provisions of labour law; define, adjust the salary, wage allowance during the labor contracts and other regimes for employees accordingly.
b) for business have yet to build the ladders shall be based payroll wages, minimum wage in the region due to government regulations to determine the salary when salary scale construction enterprise's payroll, and must guarantee the principles of elevator construction wages, payroll in accordance with the provisions of labour law; define, adjust the salary, wage allowance during the labor contracts and other regimes for employees accordingly.
c) adjusting the salary of a wage scale, payroll or determine the salary when salary scale construction Enterprise Payroll, salary, wage allowance during the labor contracts and other regimes for employees as defined in point a and point b of paragraph 3 of this , by enterprises, Trade Union Committee of workers and facility agreements, but to ensure a reasonable relationship between the wages of labor not yet through training with trained workers and qualified labor, high technical expertise; between the new labour was recruited with experienced workers to work in the business.
4. When applying the provisions of this circular, enterprises are not deleted or cut the salary mode when the workers work overtime, night work, salary or allowance for working in hard-labor conditions, toxic, fostering mode in kind for the heavy craft titles toxic and other modes according to the provisions of the labour law.
Subsidies, allowances, bonuses due to the business rules implemented under the agreement in the labour contract or collective labor agreement or in the regulation of the business.
5. Encourage enterprises agreement applied higher minimum wage the minimum wage in the region due to government regulations to make the base implementation of the provisions of paragraph 3 of this article, pay for workers is higher than prescribed in clause 1 and clause 2 of this Thing.
Article 4. Effect 1. This circular effect since October 2 in 2014. The minimum wage in article 2 and the provisions of this circular was to apply from 1 January 2014.
2. This circular replaces circular No. 29/2012/TT-BLDTBXH dated December 10, 2012 of the Ministry of labor, invalids and Social Affairs Guide made the minimum wage for employees working in enterprises, cooperatives, the cooperative farms, households, individuals and agencies , the Organization has hired labor.
3. the cost of implementing the minimum wage prescribed in this circular are accounted on the price or cost of production, the business of business.
4. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities are responsible for directing, urging, check the business done as prescribed in this circular.
In the process if there are obstacles, suggest that the Agency, the business unit and the reflection on the Ministry of labour, invalids and Social Affairs to timely additional instructions./.