DECREE

The detailed regulation enforced some of the work of the Labor Code on the labor contract.

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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 Labour-Trade and Social Affairs;

The government issued a decree regulating the implementation of certain provisions of the Labor Code on the labor contract, he said.

Chapter I

COMMON RULES

What? 1. The adjustment range

The decree rules out the implementation of the Labor Code for the participation of compulsory social insurance, unemployment insurance, compulsory health insurance of the worker when the contract of labor contracts with many employers; the labor contract content of the Labour Party. For workers to be hired as directors in the state's capital; the procedure, the procedure declares the inefficient labour contract of the worker inspector and the execution of the disabled labour contract.

What? 2. Subject applies

1. The worker pursues regulation at paragraph 1 Article 3 of the Labor Code.

2. The employer pursues regulation at paragraph 2 Article 3 of the Labor Code.

3. The agencies, organizations and individuals are involved in the stipulated content at Article 1 of this decree.

What? 3. Explain words

In this decree, the words below are understood as follows:

1. The State of the Republic is the business operating under the Corporate Law that the State holds under 100% of the charter capital.

2. Workers hired as directors in the State ' s Capital Business are: The people of Vietnam or foreigners have all the standards and conditions under the rule of law (the latter is called the hired director).

3. Chief Inspector is the head of the inspection team that carried out the duty of a labor inspector, including: Head of the Inspector of the Department of Labor and Social Affairs; Head of the Department of Labor Department-Trade and Social Affairs; Chief Inspector General of the Bureau, Directorate of Online Affairs. of the Ministry of Labor-Trade and Social Affairs.

Chapter II

PARTICIPATION IN THE COMPULSORY SOCIAL INSURANCE, UNEMPLOYMENT INSURANCE, THE WORKER ' S MANDATORY HEALTH INSURANCE WHEN THE CONTRACT OF LABOR CONTRACTS WITH MANY PEOPLE USING THE LABOR FORCE.

What? 4. Responsibility to the mandatory social insurance, unemployment insurance and compulsory health insurance of the employer and the worker of the labor force.

1. The responsibility to participate in compulsory social insurance, the unemployment insurance of employers and labourers:

a) The worker of the labor contracts contracts with many employers that employers and employers are subject to compulsory social insurance, unemployment insurance, workers and employers of the labor contract. The first engagement is responsible for the mandatory social insurance, unemployment insurance, as defined by law.

Employers of the remaining labor contracts are in charge of spending at the same time as payment of the wage worker equivalent to the mandatory social insurance, the unemployment insurance of the employer's responsibility. according to the rule of law.

b) When the labor contract in which workers and employers are engaged in compulsory social insurance, unemployment insurance is terminated or changed that the worker and employer are not subject to compulsory social insurance, and is not subject to the employment of the employer. unemployment insurance is the worker and employer of the subject of compulsory social insurance, the unemployment insurance of the next labor contract responsible for participating in compulsory social insurance, the insurance unemployment insurance policy, and the insurance policy. of the law.

2. The responsibility to participate in the compulsory health insurance of the employer and the worker:

a) The worker of the labor contract contracts with many employers that the worker and employer of the subject are subject to compulsory health insurance, the worker and the employer of the labor contract has a wage wage. The highest is responsible for taking medical insurance under the law of health insurance legislation.

Employers of the remaining labor contracts are in charge of paying at the same time as payment of the wage worker equivalent to the level of the health insurance that is in the responsibility of the employer under the law of the protection of the law. Medical.

b) When the labor contract that workers and employers are participating in the mandatory health insurance is to end or change that the worker and employer are not subject to mandatory medical insurance, the worker and the employer are forced to take over the labor force. The employer's employer is required by the employer to have the highest salaries among the remaining contracts responsible for participating in the statutory health insurance.

3. The change of responsibility for participating in compulsory social insurance, unemployment insurance, mandatory medical insurance at B 1 Point 1, Point 2 This Article 2 This is stipulated as follows:

a) The worker and employer responsible for the amendment, the addition of the content of compulsory social insurance, unemployment insurance, compulsory health insurance in the labor contract by law;

b) The worker is responsible for informing and sending Social Insurance books, health insurance cards, and other related papers to the employer of the next labor contract to perform.

4. The worker has the responsibility to inform and to submit a copy of the contract that has been either modified or modified, added or terminated to the remaining employer.

What? 5. The employer ' s responsibility for labourers suffers from labor accident, occupational illness, and disease.

1. The worker suffers from a labor accident, occupational illness during job execution, labor duty in the labor contract with employers who are engaged in compulsory social insurance, employers and social insurance organizations. is responsible for addressing the regimes for the worker in accordance with the rule of law. During the 2-day period of work, since the day the worker suffered from labor accidents or was identified with occupational diseases, the employer is responsible for informed by the employer 's health status of the worker' s health for the employers. of the rest of the labor contracts.

2. The worker suffers from a labor accident, occupational illness in the process of performing work, labor duty under labor contracts with employers who do not participate in compulsory social insurance, compulsory health insurance for the worker, the historian, and the employer. That labor is responsible:

a) Payment costs from the time of the evacuation, the emergency comes when the treatment is stable for the worker by regulation at Clause 1 Article 144 of the Labor Code;

b) Pay enough on the labor contract for workers who have a labor accident or occupational illness to take a break from the treatment period;

c) Compensation or allowable workers by regulation at paragraph 3 or paragraph 4 Article 145 of the Labor Code;

d) The written notice for the employers of the remaining labor contracts is aware of the health status of the worker.

3. The employer of the labor contracts is not unilable to terminate the labor contract with the worker who suffers from labor accident, occupational illness during the treatment period, except for the case stipulated at Point 1 1 Article 38 of the Labor Code.

When the health of the worker's labourers, the employer and the labourers agreement to continue the contract of labour or modification, the addition of the labor contract content or termination of the labour contract that has committed to the rule of law.

Chapter III

THE LABOR CONTRACT CONTENT FOR THE WORKER IS HIRED AS A DIRECTOR IN THE STATE ' S INHERENT BUSINESS.

What? 6. Content contract content for workers hired as a director in the business of 100% of the state ' s capital.

1. Name, address of the business of 100% of the state's capital; surname; date, month, year of birth; the number of people's proof of the Speaker of the Council of the Member or the President of the Company.

2. They, name; date, month, year of birth; gender; nationality; professional qualifications, career status; address of residence; number of witnesses to the people or other legal papers according to the law of the person employed as a director.

3. The duration of the labor contract is determined by the two parties for a period of 12 months to 36 months.

The term of employer and the hired person as the director of the agreement terminated the labor contract or extension of the contract extension or the contract of the new labor contract by the two parties but no more than 45 days before the expiration of the contract. Oh, For the long-term extension of the contract period, the contract deadline is due to the two sides of the agreement, but the maximum is no more than 12 months.

4. Work done, not be made and the responsibility to carry out the work of the hired as the director under the rule of law.

5. The working location of the person hired as a director.

6. Content, duration, responsibility for the protection of business secrets, the secret technology of the hired person as the director and the handling of the breach cases.

7. The rights and obligations of the employer, including:

a) Assure of capital, property and other resources for the hired to be the director of the work;

b) Provide information for the person to be hired as the director of the work;

c) Testing, monitoring, effective evaluation of the work of the hired person as director;

d) enacted the work of the director;

The rights and obligations of the law are different;

e) Other rights and obligations due to the two sides of the agreement.

8. The rights and obligations of the hired as director, including:

a) Perform the assigned work;

b) Report on the difficulties in the process of the execution of the assigned work and the proposal of remedied solutions;

c) Report of the management situation, the use of capital, property, labor and other resources;

d) Other rights and obligations under the rule of law;

The other rights and obligations were agreed by the two sides.

9. The rights of the hired as director, including:

a) The wages of the year, the advance and the payment of wages, the wage regime;

b) The bounty, the advance, and the reward;

c) The time of work, time of rest;

d) Social insurance, health insurance, unemployment insurance pursuits to the rule of law;

Training, fostering skill level to perform the done business;

e) Equipment for work, travel media, contact information and other supplements;

g) Other rights to the two sides of the agreement.

10. Conditions, processes, revised procedures, contract of labor contracts, unilateral termination of labor contracts.

11. The right and the responsibility of the employer and the person hired as a director upon the termination of the labor contract.

12. Discipline of labor, physical responsibility, settlement of labor disputes and complaints.

13. Other agreements.

What? 7. The labor contract content for workers hired as a director in the state-funded business of the United States.

The labor contract content for the worker is hired as a director in the state-funded business provided by the Member Council or the Board of Directors and who is hired as the director of the agreement to take the provisions of the provisions at Article 6 of this Agreement.

Chapter IV

THE SEQUENCE, THE PROCEDURE DECLARES THE INEFFICIENT LABOR CONTRACT OF THE LABOUR INSPECTOR AND HANDLES THE INEFFICIENT LABOR CONTRACT.

Item 1

THE PROCEDURE, THE PROCEDURE OF DECLARING THE DISABLED LABOR CONTRACT OF THE LABOUR INSPECTOR

What? 8. The authority claims the disabled labor contract of the labor inspector.

Chief Inspector of the Department of Labor-Trade and Social Affairs has the authority to declare an inefficient labor contract.

What? 9. The procedure, the procedure declares the disabled labor contract of the labor inspector.

1. During the inspection or settlement of the complaint, the prosecution of labour, if the detection of a breach of labour contract in one of the prescribed cases at Article 50 of the Labor Code, the Chief Inspector of the Inspector or the independent worker bar. Or the person who is assigned to the task of implements the editor in terms of the violation of the breach and offer the employer, the worker to make the amendment, the addition of the breach contract.

2. During the 5-day period of work, since the date of receipt of the breach, the employer and the labourers must modify, the addition of the breach worker contract.

3. In a 3-day period of work, since the expiration date must be amended, the addition of a labor contract violation by which the two parties have not modified, added, the Head of the Inspector or the Independent Labour Inspector or the person tasked with the inspection of the deposit. It is compiled by a copy of the labor contract violation of the Chief Inspector of the Department of Labor and Social Affairs where the business is based.

4. For the 3-day period of work, since the date of receipt of the breach, the Chief Inspector of the Department of Labor-Trade and Social Affairs review, issued the decision to declare the contract to the disabled labour contract.

5. The decision to declare a disabled labour contract must be sent to the employer and each of the relevant workers in the disabled labor contract, the labor collective representation organization and the state governing body of labour where the business is based on the labour market. -Yeah.

Item 2

PROCESS OF DISABLED LABOR CONTRACT

What? 10. Handout the inefficient labor contract

1. In a 3-day period of work, since the date received the decision to declare a partial inefficient labor contract, the employer and the worker must modify, add labor contracts by signing of a labor contract appendix or contract delivery. The rules of the law.

2. In the time since the declaration of the inefficient labour contract in part until the two sides modify, the addition of the content section is declared inefficient, the rights and interests of the workers are addressed by the regulation of the labor-labor, collective labor agreement. (if any) and the regulation of the law on labor.

The inefficient labour contract has a lower wages than the law of labor, labor, labor, and collective labor agreements are applicable, and the two sides agreed upon the provisions of this Article 1 Article. Employers with a responsibility to reimbursate the difference between wages agreed with wages in the disabled labour contract according to the worker's actual working time, but it is not too 12 months.

What? 11. Handout the entire disabled labor contract

1. In the 15-day period, since the date received the decision to declare the global disabled labor contract due to the non-competent labor contracting contracting, the state governing body of labor where the business is based is responsible for guidance. The parties sign the labor contract.

2. The labor contract with the full content of the legal legal contract is cancelled when it is decided to declare a full disabled labor contract.

3. In the 03-day period of work, since the date received the decision to declare the full title labour contract due to the entire content of the contract stipulated the rights of workers is lower than the regulation of labor law, labor, labor, and labor. The collective labor agreement is applied, employers and workers are responsible for the delivery of new labor contracts under the law of labor law.

In the time since the declaration of a global inefficient labour contract until the two sides of the contract to contract the new labor contract, the rights and interests of the workers are resolved by regulation at Article 2 Article 10 of this decree.

4. In the 03-day period of work, since the date received the decision to declare the full disabled labor contract due to the work that the two sides have interconnected in the labor contract is the work of prohibited law, employers and workers in charge. It ' s a new contract for labor contracts under the law of labor.

The case of not having a new labor contract is the employer liable to pay the worker a payment of the two sides of the agreement but at least every year working on a month minimum wage issued by the Government at the time. The decision was made to declare a fully disabled labor contract.

5. During the 03-day period of work, since the date received the decision to declare the full title labour contract due to the content of the limited labor contract or the prevention of the establishment, accession and union operation of the worker, the employer. labor and workers are responsible for the delivery of new labor contracts under the law of labor law.

What? 12. Initiate or complain to the decision to declare the disabled labor contract

The case does not agree with the decision to declare an ineffector labour contract, the employer or the worker who conducts a lawsuit in the Court or complaint with the state authority to have jurisdiction under the rule of law.

Chapter V.

EXECUTION CLAUSE

What? 13.

1. This decree has been in effect since 1 July 2013.

2. Decree 44 /2003/NĐ-CP May 9, 2003, of the Government of the Government Regulation and guidelines for certain provisions of the Labor Code on the contract of labour and previous provisions contrary to the regulation at this Decree expires since the date of this Decree is valid.

What? 14.

1. Minister of Labour-Trade and Social Affairs is responsible for the implementation of this decree.

2. The ministers, the head of the peer-to-peer agencies, the Prime Minister of the Government, the Chairman of the Provincial People's Committee, the Central City of the Central Committee and the agencies, businesses, organizations and individuals are responsible for the implementation of this decree.