Circular 33/2012/tt-Bldtbxh: Guide Policy For Employees According To Decree No. 59/2010/nd-Cp On November 18, 2011 The Government Transferred 100% State Capital Business Th. ..

Original Language Title: Thông tư 33/2012/TT-BLĐTBXH: Hướng dẫn thực hiện chính sách đối với người lao động theo Nghị định số 59/2011/NĐ-CP ngày 18 tháng 7 năm 2011 của Chính phủ về chuyển doanh nghiệp 100% vốn nhà nước th...

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DEPARTMENT OF LABOR-COMMERCE AND SOCIETY
Number: 33 /2012/TT-BLTBXH
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 20, 2012

IT ' S SMART

Guidelines for implementing policy on employers by Decree. number 59 /2011/NĐ-CP

July 18, 2011 by the Government on transfer enterprise 100% state capital city corporation

________________________________

Base of Protocol 59 /2011/NĐ-CP July 18, 2011 by the Government on the business transfer of 100% state capital to a holding company;

Base of Protocol 186 /2007/NĐ-CP the December 25, 2007 Government of the Government stipulated the functions, duties, powers, and structure of the Ministry of Labor and Social Affairs;

On the recommendation of the Chief of Labor:

Minister of Labor-Trade and Social Affairs guides the policy on the worker by decree of the number of workers. 59 /2011/NĐ-CP July 18, 2011 by the Government on the business transfer of 100% state capital city to a holding company (later called the Digital Protocol) 59 /2011/NĐ-CP),

What? 1. The adjustment range

This information guides policy implementation towards workers in the regulatory equity enterprises at the Digital Agenda of the United States. 59 /2011/NĐ-CP July 18, 2011 of the Government on the transfer of the business of 100% state capital to a holding company.

What? 2. Subject applies

1. The worker works according to the labor contract according to the regulation of the labor law.

2. Member of the Board of Directors, Member Council Member or Corporate Chairman, Controller, General Manager, Director, Deputy Director General, Deputy Director, Chief Accounting not subject to the labor contract transaction object in the holding business of the corporation. Well,

3. Personally, the organization involved the implementation of the policy toward the worker when moving the business 100% of the state capital into the prescribed equity firm.

What? 3. Build a working-use method when stock shares

After the decision to publish the business value of the competent agency, the Enterprise-directed Enterprise Index of Scouts helped to establish a working-use method (in the equation of equity), the agency that had the authority to approve as prescribed at the time. Article 49: 59 /2011/NĐ-CP.

The working use method is built in the following steps:

1. Step 1. Set up a list of the entire workforce of the stock business at the time of the publication of the business value according to the number 1 sample, including:

a) Labor does not belong to the subject of labor contracting, including the Board Member, Member Council Member or Chairman of the Company, Control Officer, General Manager, Director, Deputy Director General, Deputy Director, Chief Accounting Officer of the business.

b) The number of workers who are working under a labour contract may have a salary and have a mandatory social insurance or non-shutdown of compulsory social insurance (including the number of labor in the season or under a certain job having a period of less than 01 years).

c) The number of workers who are on the job but have a name on the company ' s labor list, which benefits or does not enjoy salaries, has closed compulsory social insurance or does not close the compulsory social insurance.

2. Step 2. The listing of the number of workers will quit at the time of the business value publication including:

a) The employment list is eligible for retirement by regulation at the Digital Decree 152 /2006/ND-CP December 22, 2006, the Government's Guide to a Number of Social Insurance Rules for Social Insurance is required at the time of the publication of the business value by the number 2.

b) The employment list terminated the labour contract at the time of the publication of the business value (including cases: the expiration of the contract of labour; voluntarily ending the labour contract or termination of the labor contract for other reasons under the rule of law). labor) according to pattern 3 with this message.

c) The employment list was not a job of employment at the holding company at the time of the publication of the business value according to this issue of 4, including:

-There's a list of regulations on paragraph 1 of paragraph 2 decree 91 /2010/NĐ-CP August 20, 2010 by the Government of the Government Regulation of Excess Workers in the LLC is a member of the state owned by the State.

-The employment list must end the labor contract and pay the loss of employment under the provisions of the labor law.

3. Step 3. The employment list will move to work at the holding company in the number of these five-plus-private companies, including:

a) Labor is making a contract for the labor age.

b) Labor is enjoying social insurance regimes (sick; maternity; labor accidents, occupational diseases) for which labor contracts are on the deadline.

c) Labour is adjourn implementation of the labor contract under the provisions of the Labor Code.

4. Step 4. This is the sum of the six-plus four-year-old.

What? 4. Policy for workers in the business equity business

The base of labor-use methods has been approved by the authority of the authority, the Director General, the Director of the Shareholder Business performing the implementation of the regimes, the policy for the labourers as follows:

1. Purchase policy with preferable value

The worker stipulated at paragraph 1 (including the employer before 30 August 1990, which has not yet moved to the contract of labour; who is due to suspend labor contracts by law, pending the decision of the executive director). business) and paragraph 2 Article 2 This Wednesday, which has a name on the regular labor list (which has a salary, has social insurance, including the person who is adjourn for labor contracts, is taking a break from the short-term regime, if any) of the ancient business. digitization at the time of the publication of the business value purchased shares at the prescribed preferable price at 1 Article 48 United States Census 59 /2011/NĐ-CP.

The time being charged to buy shares with preferable prices is total time by number of years (enough 12 months, non-odd months) worker workers work (go to work, have a name in payroll payments) in the state sector as of the time of the price publication. Business-minus-time businesses have been charged to purchase shares with preferable value at the previous equity business, the actual time working time has been in the enjoyment of the retirement or Social Insurance allowance once (if any).

The time of actual workers working in the state sector consists of: the actual time working at the business of goods, time working in the state administrative body, state career unit, political-social organization, unit of force, and the government sector. Wage armed men from the state budget before working at the stock business (including the wage-wage training period, the time of the agency, the unit to go to work, the time of the social insurance policy of illness, pregnancy, labor accident) dynamic, occupational illness, working time in the form of product securities, the volume of work is paid off by the equity business and the market. There ' s a social insurance that ' s going to be a social insurance policy.

2. The policy of buying more shares with preferable price: execution by regulation at paragraph 2 Article 48 Digital Protocol 59 /2011/NĐ-CP And the head of the Treasury Department.

3. Divide the balance by the reward fund, the Welfare Fund

The worker stipulated at paragraph 1 and paragraph 2 This April, named in the regular labour list of the business equity at the time of determining the value of the business (the timing of accounting, financial reporting to determine the value of the business). The business, the Welfare Fund (including the value of the asset used in the production of the investment business by the source of the prize fund, the Welfare Fund) by the provisions at paragraph 5 Articles 14 and Article 19 The number of arithmetic 59 /2011/NĐ-CP according to the total number of years (enough 12 months) the actual work of the labourers from the time of recruitment to the time of the valuation of the business to stake it. For the fifth part of the total year's total work of workers to calculate the balance of the reward fund, the welfare fund decided by the business.

4. Penal Mode

The people who are eligible to enjoy the pension rule at the point of a second Article 3 of this Privacy, General Manager, Chief Business Officer, and the Social Insurance Agency where the business closes the social insurance policy to address the regulatory retirement. of the law.

5. The pension regime.

The worker stipulated at the point b 2 Article 3 This message terminated the contract of labour being resolved the pension regime (if any) stipulated at Article 42 of the Labor Code, the digital decree. 44 /2003/NĐ-CP May 9, 2003 by Government, Digital News. 21 /2003/TT-BLTBXH September 22, 2003 and Digital News 17 /2009/TT-BLTBXH May 26, 2009, of the Ministry of Labor-Trade and Social Affairs. The funding costs pay off the employment of the workers under the guidance of the Ministry of Finance.

6. The regime for excess labor

The worker stipulated at the point of paragraph 2 Article 3 This is subject to the object of the digital decree. 91 /2010/NĐ-CP August 20, 2010 The Government regulates policy on the amateur to rearrange the limited liability company a member owned by the State as its owner, resolution by regulation at Decree No. 1. 91 /2010/NĐ-CP and Digital News 38 /2010/TT-BLTBXH December 24, 2010 of the Ministry of Labor-Trade and Social Affairs enforced some of the provisions of the Fifth Protocol. 91 /2010/NĐ-CP August 20, 2010 The government regulates the policy for the amateur to rearrange the limited liability company a member owned by the State.

7. Assistant loss mode

The worker stipulated at the point of paragraph 2 Article 3 This message is not subject to the numerical decree 91 /2010/NĐ-CP then the resolution of the employment of the employment allowance (if any) according to the provisions of the Labor Code. The cost of paying the allowance of employment for the worker follows the guidance of the Ministry of Finance.

The regime's pension regime, the regime for excess labor, the pension regime that lost employment in paragraph 5, paragraph 6, paragraph 7 This Article, from 1 May 2013 was calculated as a regulation of the Labor Code of 18 June 2012 and the rule texts. The details of the action.

8. The worker who moved to work at the holding company in accordance with Article 3 This is continued to participate and benefit the welfare of social insurance, health insurance, unemployment insurance and other regimes according to regulation.

The commodity equity is responsible for listing and making procedures for the Social Insurance agency to continue to implement social insurance, health insurance and unemployment insurance by regulation; full payment of the debt to social insurance on the basis of the health insurance system. The Social Insurance and the debt to the worker (if any) before the transfer to the holding company; the desk of the employer's list and profile to the Board or the Director of the holding company to continue to participate and address the rights to the insurance. Social security, health insurance and other regimes by regulation.

What? 5. The Organization

1. The Enterprise shareholding Board is responsible:

a) Direcing the General Manager, Director of Business equity in coordination with the Executive Board of the Company to implement the Share of the Reward Fund, the Welfare Fund for the Employer By Regulation.

b) Directs help the construction of the use of labor, determining the number of workers required at the request of business production, determines the number of unarranged labour, the number of workers ending the labor contract at the time of the business value publication. The company, which introduced the Congress of Public employees, or the Congress of Corporate employees, took the opinion, complete, the authorship to approve and address the policies of the workers in accordance with the law.

c) In the 30-day period, since the day of the settlement of the policy towards the worker, the Enterprise Commodity Equity Directorate is responsible for reporting the results that carry out the business transfer of 100% of state capital into a holding company for the related agencies. This is a 7-year-old. The report made 08 copies: The Agency approved the 01-copy Equity Methodology; Ministry of Labor-Trade and Social 01; Ministry of Finance of 01; Department of Labor-Trade and Social Affairs where the business equity was based on 1-1 headquarters; the Labour Federation. In the province, the city's central city where the business shares its headquarters is 1-1; the Central Industry (if present) 01; Social Insurance Agency where the business closes the social insurance business 1 and 01 copies at the holding company.

2. The Social Insurance Agency where the business closes the social insurance that is responsible for implementing the regime, social insurance policy, unemployment insurance pursuits to the law of social insurance, health insurance policy under the rule of law on the protection of the law. Health care and regulations.

3. The Board of Directors, which represents the employer by the regulation of the responsible equity firm:

a) Take over the number of workers prescribed at 3 Article 3 of this and the entire relevant case of the worker by the business equity business.

b) Continue to make commitments in the labor contract, the collective labor agreement has been signed earlier with the worker under the rule of law.

c) Resolve the pension regime, the loss of employment to workers from business equity shifted to when the worker loses jobs, quit the job at the holding company, including the allowance for real time working at the equity business. Prior to that and the time the worker worked at the company, the other unit was part of the state area but moved to the company 100% of state capital before 1 January 1995, without a job allowance, loss of employment.

4. Department of Labor and Social Affairs, Innovation and Corporate Development of ministries, peer agencies, Government agencies, Provincial People ' s Committee, New Innovation and Corporate Development of Economic Group, State Corporation-led by the Capital of Capital, Ministry of Foreign Affairs of the Ministry of Education The general decided to establish a joint responsibility in coordination with the Provincial Labor Federation, the Central City of Central, the Central Industry Federation, the guiding, monitoring of the implementation of the provisions of the United States. 59 /2011/NĐ-CP and the legal texts are relevant to the labourers; the annual sum of the situation and the report on the Board of Innovation and Enterprise Development (Government Office), Ministry of Labor-Trade and Social Affairs and the Ministry of Finance.

What? 6. Effect of execution

1. This message has been in effect since 5 February 2013.

2. This information replaces the Digital 20 /2007/TT-BLTBXH October 04, 2007 of the Ministry of Labor-Trade and Social Affairs guide the implementation of the policy toward the worker by decree of the number. 109 /2007/NĐ-CP June 26, 2007 of the Government on the transfer of the business of 100% state capital to a holding company.

3. The regimes, policies for the regulatory workers at this Smart Are applicable since the date of the Fourth Protocol. 59 /2011/NĐ-CP July 18, 2011 of the Government on the transfer of the business of 100% state capital to a holding company is in effect.

4. The worker in the business performs restructuring by regulation at paragraph 2 Article 3 and point 2 Article 49 of the Digital Protocol. 59 /2011/NĐ-CP of the Government when it is eligible under the provisions of the prescribed regime at paragraph 4, paragraph 5, paragraph 6, paragraph 7, paragraph 8; and at the same time the applicable policies at paragraph 1, paragraph 2, paragraph 3 Article 4 This information under the specific condition of enterprise and a licensed restructuring project.

5. Limited liability companies a member owned by the parent company of Economic Corporation, State Corporation, parent company in the parent company-parent company holding 100% of the charter capital and limited liability companies a member due to the government ' s political organization. The political-social organization that holds 100% of the value of the implementation of the commodity has been made to address the policy regimes on the employer by regulation.

In the course of the implementation, the offer reflects on the Ministry of Labor-Trade and Society for the study of the ./

KT. MINISTER.
Chief.

(signed)

The Order of the Order