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Decree 49/2013/nd-Cp: A Guide To The Ministry Of Labor Law On Wages

Original Language Title: Nghị định 49/2013/NĐ-CP: Hướng dẫn Bộ luật Lao động về tiền lương

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THE GOVERNMENT.
Numbers: 49 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 14, 2013

DECREE

Details of the details of some of the things B The rules L I mean, you know,

________________________

The Law base. I 25 th Government. Ah! - 1 2, 2001;

Ministry base l Day Labor Day. 1 June 8, 2012;

At the suggestion of the Minister of Labour-Trade and Social Affairs ()

The government issued a decree to rule out the details of the world. i Some of the rules of the Labor Code of Money l Move! Oh,

Chapter I

COMMON RULES

What? 1. The adjustment range

This decree specifies the function, duties, and organizational structure of the National Council of Wages under the provisions of Clause 2 Article 92; the principle of building the wage, payroll, and the valuation of labour as prescribed at Clause 1 Article 93 of the Labor Code.

What? 2. Subject applies

1 Membership of the National Council of Payrolls pursues to Clause 1 Article 92 of the Labor Code.

2. Workers work under the contract labour contract at paragraph 1, Article 3 of the Labor Code.

3. The employer pursues provisions at Clause 2, Article 3 of the Labor Code (later known as the business).

4. Agencies, organizations and individuals are involved in the regulation and implementation of functions, duties, organizational structure of the National Council of Wages and the construction of the payroll, the payroll, the level of labor as defined by this decree.

Chapter II

NATIONAL MONEY COUNCIL

What? 3. The function of the National Council of Money

1. Council Salary. The country implemented its advisory function to the Government in terms of regulation, which announced a regional minimum wage.

2. The Prime Minister decided to establish the National Council of Money.

What? 4. The mission of the National Council of Money

1. Analysis of the economic-social situation, the population standard to identify, forecasts the minimum living needs of the workers and their families; assess the situation that does the regional minimum wage, the wage level on the labor market and the ability to pay by their families. enterprise to build and recommend with the Government of the annual minimum wage and every period.

2. Research, recommendations with the Government of the minimum wage per hour applies to certain professions, non-regular jobs, or non-full-time employment.

3. The organization scrutines, assessing the partition of the site applying the region minimum wage to recommend with the regulator, b. socket It applies to the area of the region, which applies the minimum wage.

4. Practical survey, study of foreign experience to enhance capacity and advisory efficiency, recommendations on minimum wages.

5. The study, consulting other matters concerning the wage policy at the request of the Government, the Prime Minister.

What? 5. C Uh ... The organization of the Council. Salary. the country

1. The National Council of Wages has 15 members, including: 05 members of the Ministry of Labor-Trade and Social Affairs, 05 members of the Vietnam Labor Federation and 05 representative members of the organization ' s representative organization of employers in the United States. It ' s central, in it:

a) The President of the Council is a Deputy Minister of Labour-Trade and Social Affairs;

b) The Three Vice Chairman of the Council, including: A Vice President of the Council is Vice Chairman of the Vietnam Labor Federation, a Vice President of the Council is Vice President of the Vietnam Chamber of Commerce and Industry and a Vice President of the Council as Vice President of the Union of Social Cooperation. Vietnam.

c) Council commissioners, including: Four. brew The Council is represented by the Ministry of Labour-Trade and Social Affairs; the four councillors are representative of the Vietnam Labor Federation; a Council commissioner is representative of the Small Business Association and both Vietnam; the two councillors are representative of the Council of Labour. of the two trade industry associations in the Central Committee that uses a lot of labor.

2. The Prime Minister appointed the Chairman and the Vice Chairman of the National Council of Money on the recommendation of the Minister of Labour-Trade and Social Affairs and authorized the Minister of Labor-Trade and Social Affairs of the United States. i We're going to go to the National Council.

3. Chairman, Vice Presidents and Brew The Council of the Council. Uh ... The country is a person of expertise, experience in the field of labor, wages; there is a degree, capacity, capacity to review, proposes the requirements of the agency due to its representative and conditional participation in the activities of the National Council of Wages. The chairman, the Vice President and Commissioner of the National Council of Money, worked on a five-year term, for a term of five years.

4. The National Council of Money has the technical department and the permanent department that helps the Council for Research, Survey, synthesis, construction of the money method. l In the minimum, the partition applies minimum wage to discussion at the Council and the implementation of the Council's administrative work.

5. The operating budget of the National Council of Wages is guaranteed by the state budget, which is set up in the annual budget bill of the Ministry of Labor-Trade and Social Affairs and other legal sources under the rule of law.

What? 6. The working order of the National Money Council

1. Chairman of the National Council of Wages Regulations l The work of the National Council of Wages, the technical department and the permanent department.

2. The chairman of the National Council of Money is invited by experts, scientists, researchers of ministries, departments, institutes, universities for consultation or participation in the meetings of the Council.

Chapter III

THE PRINCIPLE OF WAGE BUILDING, PAYROLL AND LABOR LEVEL

What? 7. The principle of building the wage, the payroll

1. Base in production, t. socket labor, construction and payroll decisions, payroll for management, technical expertise, and business, and business, business, and business.

2. The multiples of the salary scale are the differential coefficient between the work level of the job or the title that requires the highest degree of engineering compared to the job level or the title requires the lowest level of engineering, the number of salaries, the l Yeah. It depends on management complexity, job rank, or title. The gap gap between the two adjacent salaries must guarantee encouraging workers to raise the level of expertise, engineering, career, accumulation of experience, development and development. deployed the talent but at least 5%.

3. The lowest pay (starting point) of the job or title in the payroll, payroll is determined by the company on the basis of a complex degree of work or title corresponding to the qualifications, skills, responsibility, experience to perform work or work. The title, in which:

a) The lowest salary of the job or the most simple title in normal labor conditions is not below the level. l The Government of the United States, minimum of government.

b) Level l The lowest of all jobs or titles requiring employment through training, apprentiing (including self-taught business) must be at least 7% higher than the government's minimum wage;

c) The salary of the job or title has heavy, toxic labor conditions, the risk must be high. Please. at least 5%; job or title has a particularly hard, toxic, dangerous labor condition that must be at least 7% higher than the minimum wage. l of the work or title of equal complexity, working under normal labor conditions.

4. When building and applying the salary scale, payroll must guarantee equality, no discrimination on gender, ethnicity, skin color, social composition, t, or gender equality. What? Marital status, religion, religion, HIV infection, disability or for establishment, admission, and union activities for workers, while also having to build standards for line-up, wage raising conditions.

5. The payroll, payroll must be periodically searched for amendment, added to the wizard. p with the practical condition of technological innovation, manufacturing organization, labor organization, wage-in-the-wage on the labor market and ensuring the provisions of the labor law.

6. When construction or modification, the addition of the salary scale, payroll, business must consult the body of the worker 's collective representative at the business and public publication at the worker' s workplace prior to the execution, while simultaneously sending the agency to the public. state management of the district-level labor where the production base of the business is located. For the LLC a member is owned by the State. in useful when building or modification, the addition of a salary, the payroll must report the owner to the opinion before the execution; for the parent company-the state economic conglomerate, the parent company of the Special Division Corporation simultaneously sent the Ministry of Labor-Trade and Social Affairs. I'm going to be watching, surveillance.

What? 8. The principle of building labor levels

1. The labor level is done for each step of work, every single piece of work and the entire process of producing products, services on the basis of scientific labor organization, t ... socket A coin. All T Excuse me.

2. The labor level is built on the basis of the rank of work or title, in accordance with the rank, the worker's training, the technological process, the technical standard of the equipment machinery and the assurance of labor standards.

3. The labor level must be an advanced average, ensuring the number of workers who perform without having to extend the standard work time of the business as defined by law.

4. The new labor level must be applied before the official release. The business must notify the worker who knows at least 15 days before applying the test. The time of application is applied according to the calculation of the work, but a maximum of three months and must evaluate the implementation.

In case of standard working time, the actual level of reality is of low yield. more 5% or So Please. 10% compared to the level of being delivered, or the actual level of reality over time is higher than 5% or less than 10% less than the required level, the business must adjust to the labor level.

5. Labor levels must be periodically reviewed, assessed for use. a Change, supplement, adjust accordingly. When building or revising, adding, regulating labor levels, the business must consult the worker 's collective representation at the business and public publication at the worker' s workplace prior to the execution, while sending the body to the public at the time. State management. Okay. labor All p the place where the basis of the coin All t the business.

Chapter IV

EXECUTION CLAUSE

What? 9. Effect of execution

1. This decree has been in effect since 1 July 2013. The regulations at this decree were adopted on 1 May 2013.

2. Number Protocol 114 /2002/NĐ-CP December 31, 2002 of the Government rules the details and guidelines of taking some of the provisions of the Labor Code on salaries; Decree Numbers. 205 /2004/ND-CP December 14, 2004 The government regulates the payroll system, payroll, and provision of salaries in state companies running out of effect since the date of this Decree is valid.

What? 10. Organization Responsibility

1. The responsibility of the organization to implement the functions of function, duties and organizational structure of the National Council of Wages:

a) The head of the agencies, the organization stipulated at 1 Article 5 This decree sent representatives to join the National Council of Payers and submit a list to the Ministry of Labor-Trade and Social Affairs.

b) The chairman of the Chamber of Commerce and Industry of Vietnam selected and recommended the head of two career industry associations in the Central to use multiple delegate labour to join the Council of Money. l the country;

c) Minister of Labor-Trade and X Oh, All right. p and offer the Prime Minister to appoint the Chairman, the Vice Chairman of the National Council of Wages; The Decision To Appoint Money Councillors l The country.

2. The organization's responsibility for the construction of the wage, payroll, and labor level.

a) Business organization building or modification of the b socket Salaries, payroll, labor levels, and sending state management agencies on district-level labor where the manufacturing facility is located, the business of the business to follow, checks on regulations at this Decree. School. The business has multiple units, operating branches in various locations, after construction, payroll decisions, payroll, and labor levels, the business sends the state management agency on the district-level labor where the unit is located, the branch of the business. I'm working on it.

b) The state management agency on the district-level labor where the manufacturing base is located, the business of the business receives the salaries, the payroll, the employment level of the business by regulation at paragraph 2 Article 93 Labor Code; paragraph 6 Articles 7 and Clause 5 Articles 8 This is the protocol for a search, inspection. School. p detect non-regulatory content, you must have a business that requires you to fix it. socket i, the adjustment, the supplemalization of the law of labor law;

c) sleep The people of the province, the Central City of the Central Committee, the Department of Labor and Trade and Social Services. p with the Labour Federation and the relevant agencies to organize propaganda, guidelines, inspectors, check on the construction of salaries, payroll, labor levels, on the level of labor on the business according to regulation at this decree;

d) The agencies, the organization are assigned, devolve implementation of rights and obligations. c The owner for the LLC a member held by the State as the owner of the acquisition, inspection, overseeing the construction of the payroll, the board of the board. l It ' s the responsibility of the companies. i A finite example of a member is owned by himself.

The Department of Labor-Trade and Social Affairs guide the LLC a member owned by the State as its owner, organizations, agencies, and others. Uh ... The State of the State, the ancient company. And n and the two-member limited liability company has been transformed from the state company, the LLC a member of the state owned by the owner who is currently lining up on the scale. l I mean, the payroll issued by the digital decree. 205 /2004/ND-CP December 14, 2004 The Government makes the construction of the wage, payroll, provision of provisions under the regulation at this Decree, guarantee the partnership. l The salaries between the types of labor in the company and the professions; the transfer. l For workers from the salary scale, the board. l It ' s the government enacted by the Government. 205 /2004/ND-CP December 14, 2004 to the payroll, payroll issued by the company.

3. Minister, Chief of the Ministry of Foreign Affairs, Head of Government of the Government, Chairman Brew The provincial government, Central City, and its agencies, organizations, businesses and individuals are responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung