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CONGRESS
Number: 10 /2012/QH13
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THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 18, 2012
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LABOR LAW
The 1992 Vietnamese Constitution base of the Socialist Republic of Vietnam was amended, adding some to the number of resolutions. 51 /2001/QH10;
Congress enacted the Labor Code.
COMMON RULES
The labor law regulates labor standards; rights, obligations, responsibilities of workers, employers, labor collective representation organizations, and organizations representing employers in labor relations and other related relationships. next to labor relations; state management of labor.
1. Vietnamese labourers, apprentiers, apprentiers and other labourers are regulated at this Code.
2. The employer.
3. Foreign workers working in Vietnam.
4. Agency, organization, other individuals are directly related to labor relations.
What? 3. Explain the word
In this Code, the words below are understood as follows:
1. The worker who is a 15-year-old from the age of 15 years or older, has the ability to labor, to work under the labor contract, to be paid and under management, the employer ' s executive order.
2. The employer is a business, agency, organization, cooperative, household, employer, employer, employer, employer, employer, employer, employer, employer, employer, employer, employer, employer, employer, employer, and employer; if it is personal, it has to have full civilian capacity.
3. The labourers are the organized collection of labourers working for a employer or in a division of the organization's organizational structure.
4. The organisation of the collective labour at the facility is the Executive Corps Executive Committee or the Board of Subordinate Passengers on the basis of the facility where the facility has not established itself.
5. The organization representing the employer is the legally established organization, which represents and protects the right, the legitimate interests of employers in labor relations.
6. Labor relations are social relations that arise in the hiring, use of labor, pay between workers and employers.
7. Labor disputes are a dispute over rights, obligations, and interests that arise between the parties in the labor relations.
Labor disputes include a personal labor dispute between workers with employers and the collective labor dispute between the labor collective with the employer.
8. The collective labor dispute over the right is a dispute between the labor collective with the employer who arise from the interpretation and implementation of various provisions of the law on labor, collective labor agreement, labor labor, statute and compromise. It's legal.
9. The collective labor dispute in benefits is the labor dispute that arise from the collective labor requirement to establish new labor conditions compared to the regulation of labor law, collective labor agreement, labor or regulations, agreements, labor, labor, and labor. It is another legal agreement in the negotiation of the labor collective to the employer.
10. The labor threshold is the use of force, which threatens to use force or other tricks to force others to work their minds.
What? 4. State policy on Labour
1. Secure the right and the right benefits of the worker; encourage the guaranteed agreements for workers to have more favorable conditions than the regulation of the labor law; there is policy for workers to buy shares, which contribute to the development of the labor force. manufacturing, business.
2. Secure the legal rights and interests of employers, manage labour in law, democracy, justice, civilization, and enhance social responsibility.
3. Create a favorable condition for job creation, job creation, vocational training, and job creation; manufacturing activities, business attract more labor.
4. Has the development policy, distribution of human resources; vocational training, training, fostering and raising vocational skills for labourers, incentives for labourers with specialized qualifications, high engineering response to the requirements of industrialization, modern and professional. To the country.
5. There is a policy of developing labor market, a variety of forms of connection of labor supply.
6. Guide to the worker and employer of dialogue, collective bargaining, building of harmonable, stable, and progressive labor relations.
7. Make sure the principle of gender equality; regulation of labor and social policy to protect female labor, labor as people with disabilities, elderly workers, unmarried labourers.
What? 5. Rights and obligations of the worker
1. The workers have the following rights:
a) Work, freedom of choice of employment, occupation, vocational education, career improvement and undiscriminated;
b) The wage is consistent with the skill level on the basis of an agreement with the employer; protected by the employer, working under the maintenance of the safety of labor, labor hygiene; on-duty vacation, a yearly salary and benefits of welfare. the collective gain;
c) Founded, joined, trade union, professional organization and other organization under the rule of law; ask and participate in dialogue with the employer, implement democratic statute and be consulted at the workplace to protect the rights and interests of the public. And if you do, you will be able to do the same.
d) The unilateral termination of the labor contract by the rule of law;
Strike.
2. The workers have the following obligations:
a) The implementation of the labor contract, collective labor agreement;
b) Accept of labor discipline, labor-content, compliance with the legal practice of the employer;
c) Make the provisions of the law on social insurance and the law on health insurance.
What? 6. Rights and obligations of employers
1. The employer has the following rights:
a) Recruit, layout, labor practice in the need for manufacturing, business; reward and processing of labor discipline violations;
b) The establishment, accession, activities in the organisation of the profession and other organization according to the rule of law;
c) Requiing the collective labor of dialogue, negotiation, signing of the collective labor agreement; participation in the settlement of labor disputes, strikes; exchange with the union on labor relations, improving the physical and mental life of the labourers. It is
d) Close the temporary work.
2. The employer has the following obligations:
a) The agreement of labor contracts, collective labor agreements and other agreements with the labourers, honor of honor, the dignity of the worker;
b) Set up the mechanism and implement dialogue with the labour collective at the business and perform a strict implementation of democratic rule in the facility;
c) Set up labor management, payroll and appearance when the agency has the authority to request;
d) The use of labor use for a period of 30 days, since the date of the start of operation and periodically reporting changes in labor in the operation with the state governing body on local labor;
There are other provisions of labor law, social insurance, and health insurance legislation.
1. Labor relations between workers or labourers with employers are identified through dialogue, negotiation, agreement under the principle of voluntary, goodwill, equality, cooperation, respect for the right of each other.
2. The union, the employer representing the employer participating with the state agency supports the construction of harmonable, stable and progressive labor relations; overseeing the enforcement of the provisions of the labour law; the protection of the right and the legitimate interests of the country. The employer, the employer.
1. Discrimination on gender, ethnicity, skin color, social composition, marital status, religion, religion, HIV infection, disability or for establishment, accession and union activities.
2. Against workers, sexual harassment at work.
3. The labor of labor.
4. Taking advantage of vocational training, practice to deport, exploitation of labourers or enticing, forcing apprenties, who practices law practices.
5. Use of untrained labour or no national skills certificate for a profession, the work to use labour has been trained or must have a national skill certificate.
6. enticing, promising and advertising lies to defrave workers or to take advantage of employment services, activities that bring workers to work abroad under contract to carry out the law of law.
7. Use of unlawable labor.
EMPLOYMENT
What? 9. Employment, Job resolution
1. Employment is the labor operation that generates income without being prohibited by law.
2. The state, who uses labor and society that is responsible for participating in the employment settlement, guarantees that people with the ability to labor have a chance of having jobs.
What? 10. Labor ' s right to work
1. Being worked for any employer and in any place where the law does not prohibit.
2. Direct contact with the employer or through the employment service organization to find work on the aspirations, abilities, professional qualifications and his health.
What? 11. Human rights recruitment of employers and employees
Employers have direct access to or through employment services organization, the employer for hiring labor to recruit labor, which has the right to increase, reduce labor in line with the demand for manufacturing, business.
What? 12. State policy support development development
1. The state determined to only create an increase in the economic development plan-the 05-year society, every year.
Economic-economic conditions during the period, the National Assembly decided to program the national goal of employment and vocational education.
2. There is unemployment insurance policy, incentive policies for employers to self-create jobs; support employers who use a variety of female workers, labor as people with disabilities, labourers being a few people to deal with jobs.
3. Incentives, facilitefactors for organizations, domestic and foreign individuals investing in manufacturing, business to create jobs for workers.
4. Support of employers, workers seeking and expanding the overseas labor market.
5. Founded the National Fund for employment in order to support the creation of the job creation and implementation of other activities under the rule of law.
What? 13. The employment program
1. Provincial Committee of the People's Provincial Committee (later known as the Provincial People's Committee) to build the employment program of the local People's Assembly.
2. The state agency, the business, the political-social organization, social organization and other employers within the scope of the mission, its powers are responsible for the implementation of the employment program.
What? 14. The employment service organization
1. The employment service organization has advisory functions, the introduction of employment and vocational training to the worker; supply and hiring labor at the request of the employer; gather, provide information on the labor market and perform other tasks in accordance with the work of employment. The rules of the law.
2. The employment service organization includes employment services center and employment services business.
The employment services center is established, operating under the Government's regulations.
The employment services business is established and operates under the provisions of the Enterprise Law and must have a employment service operating permit issued by the state governing body for provincial-level labor.
3. The employment service organization is levy, free, tax cuts by the rule of law on fees, legislation on taxes.
LABOR CONTRACT
Item 1
LABOR CONTRACT DELIVERY
Labour contracts are the agreement between workers and employers on employment, working conditions, rights, and obligations of each party in labor relations.
1. The labor contract must be made in writing and made into 2 copies, the worker holds 1 copies, the employer holds 1 copies, except for the specified case at paragraph 2 This.
2. For temporary work that has a deadline of less than 3 months, the parties can hand over the contract of labor by word.
What? 17. The principle of contract for labor contracts
1. Freedom, equality, goodwill, cooperation and honesty.
2. Freedom of the contract of labour contracts but is not legally illegal, the collective labor agreement and social ethics.
What? 18. Labor contract delivery obligation
1. Before taking the worker into the work, the employer and the labourers must directly deliver the labor contract.
In the case of workers aged 15 to under the age of 18, the contract of labor contracts must be agreed upon by the law of the worker.
2. For the seasonal work, certain jobs have a deadline of less than 12 months that the group of workers can authorize a worker in the group to deliver the contract of labor in writing; this case the labor contract comes into effect as a trade deal. With each other.
The authorized labour contract must be accompanied by a list of names of names, age, gender, permanent address, occupation, and the signature of each worker.
What? 19. The obligation to provide information before the contract of labor contract
1. The employer must provide information to workers of work, work venues, working conditions, hours of work, time of rest, labor safety, labor hygiene, salaries, payroll forms, social insurance, insurance, insurance, insurance, and insurance. medical, regulation of business secret protection, technology secrecy, and other matters directly related to the delivery of the labor contract that the labourers require.
2. The worker must provide information to the employer on their name, age, gender, residence, academic level, vocational skills, health status, and other issues directly related to the delivery of the labor contract that the user has to use. Labor requires.
What? 20. The behaviors of employers are not made when the interface, implementation of the labor contract.
1. Keep the copy of the paper itself, the document, the testimony of the worker.
2. Requiing workers to take on the guarantee of either money or other assets for the implementation of the labor contract.
What? 21. The contract of labor contracts with many employers.
Workers are able to contract labor contracts with many employers, but have to ensure full implementation of the assigned content.
In the case of the contract of labour contracts with many employers, the participation of social insurance, the health insurance of the workers is carried out by the Government's provisions.
What? 22. Sort of Labor contract
1. The labor contract must be interconnected in one of the following categories:
a) The labor contract does not specify a deadline;
A non-determinate labour contract is a contract in which the two parties do not specify a deadline, the time the effect of the contract is terminated.
b) Labor contract defines the deadline;
The contract for the contract determines the term as a contract in which the two sides determine the deadline, the timing of the validity of the contract for a period of 12 months to 36 months.
c) The contract of labour by the season or under a certain job has a deadline of less than 12 months.
2. When the labor contract stipules at point b and point 1 This is expired that the workers continue to work, in the 30-day period, since the expiration of the labor contract expires, the two sides must sign new labor contracts; if not signing a contract. The new labor contract, then the contract has been settled by the stipulation at the point b 1 This becomes the contract that does not define the deadline and the contract has been settled in accordance with the stipulation at the point of c 1 This becomes the contract that determines the deadline. 24 months.
The case of the two parties signing a new contract is that the contract for the deadline is also signed only 1 times, after which if the worker continues to work, the contract must be signed without specifying the deadline.
3. Not to be assigned to a labor contract by the season or under a certain job with a deadline of less than 12 months to do routine work from 12 months or more, unless the case should temporarily replace the worker who goes into service. Military service, maternity leave, illness, labor accident, or other temporary substance.
What? 23. Labor contract content
1. The labor contract must have the following key content:
a) The name and address of the employer or of the legal representative;
b) They name, date of birth, gender, address of residence, number of people ' s proof of people or other legal papers by the worker;
c) Work and location work;
d) The duration of the labour contract;
The salary, the pay form, the pay deadline, the pay side, and other supplements;
e) Upgrade mode, raise wages;
g) Time to work, time to rest;
h) Trang of labor protection for labourers;
i) Social insurance and health insurance;
l) Training, fostering, advanced skill level.
2. When workers work to be directly related to business secrecy, technology secrecy under the rule of law, the employer has written consent to the employer of the content, the time of the protection of the business, the secret of the business. technology of technology, rights, and compensation in the case of labourers.
3. For workers working in agricultural, forestry, fishing, matches, depending on the type of work that the two sides can reduce some of the principal content of the labor contract and the content addition agreement on the method of settlement. In the case of contract execution, fire, weather.
4. The content of the labor contract for the worker is hired as a director in the state-owned enterprise which is regulated by the Government.
1. The employer of the labour contract is a division of the labour contract and is in effect as a labor contract.
2. The labor contract appendix specifies in detail some of the terms or for the amendment, the addition of the labor contract.
The case of the contract appendix provides details of some things, the amount of the labour contract which leads to a different way of understanding the labor contract, which is done in accordance with the content of the labor contract.
In the case of a contract for revising labor contracts, the addition of labor contracts must be noted for the terms of the modifications, additions, and timing of the effect.
What? 25. The effect of labor contract
Labour contracts are valid since the date of the parties except for the two parties with another agreement or other provisions.
1. The employer and the worker can make a deal about the trial, rights, obligations of the two parties during the trial period. If there is a trial agreement, the parties may be able to contract the trial contract.
The content of the trial contract includes regulatory content at points a, b, c, d, e, g and h paragraph 1 Article 23 of this Code.
2. The worker who works on a working contract does not have to try.
The timing of the base is based on the nature and complexity of the work, but it is only tried once again for a job and guarantees the following conditions:
1. No more than 60 days for the job to be a career-level, technical degree from college.
2. There are no more than 30 days for the job to be a career in the need for professional level technical expertise, professional middle class, technical workers, career employees.
3. No more than 6 working days for other jobs.
Workers ' wages during the trial period were agreed upon by the two sides but at least 85% of the work's salary.
1. When the test is required, the employer must deliver the labor contract with the worker.
2. During the trial period, each side has the right to cancel the trial agreement without prior warning and not compensation if the trial does not reach the requirement that the two parties have agreed upon.
Item 2
WORK CONTRACT IMPLEMENTATION
What? 30. Do work on the labor contract
The work under the labor contract must be led by the worker who has delivered the contract. The work venue is done under the labor contract or under another agreement between the two parties.
What? 31. Transfer of workers to other jobs compared to the labor contract
1. When a sudden difficulty of sudden disasters caused by natural disasters, fires, epidemics, the application of preventing, laboring of labor accidents, occupational diseases, electrical imposition, water or by demand for manufacturing, business, employers are entitled to temporarily transfer the labourers. They do other jobs compared to the labor contract, but not more than 60 days of community work for a year, except for the consent of the workers.
2. During the temporary transfer of workers doing other jobs compared to the labor contract, employers must inform the worker who at least 03 days of work, clear the interim deadline and the layout of the work that is consistent with health, gender and security. It's a worker's personality.
3. The worker who works by regulation at paragraph 1 This is paid in accordance with the new job; if the wages of the new job are lower than the old job wages are kept the same amount of old wages for a 30-day period of work. New job salaries are at least 85% of the same amount of work, but not less than the government's minimum wage.
What? 32. The temporary cases of labor contract implementation
1. The worker goes as a military service.
2. The labourers are detained, jailed by the rule of criminal proceedings.
3. The labourers must accept the decision to apply the measure to the school of education, which is put into compulsory rehab facility, the compulsory education facility.
4. The pregnant female labour is prescribed at Article 156 of this Code.
5. Other cases agreed by the two sides.
What? 33. Rereceiving the worker of the expiration of the contract for the labor contract
In the 15-day period, since the expiration of the labour contract deadline day for the prescribed cases at Article 32 of this Code, workers must be present at work and employers must receive workers back to work, except for the employment of the law. The two sides have different agreements.
What? 34. The worker who works is not full time
1. The worker who does not full-time as labourers have a shorter working time than the normal working time of the day or the week prescribed in the labor law, the corporate collective labor agreement, the labor agreement and the employment agreement. industry collective or regulation of employers.
2. The worker can make a deal with the employer who does not full-time when the contract is delivered.
3. The labourers do not fulfill their salaries, rights and obligations as labourers who work full-time, equal rights to opportunity, not discriminated against, guarantee worker safety, labor hygiene.
Section 3
AMENDMENT, SUPPLEMENT, TERMINATION OF LABOR CONTRACT
What? 35. Repair, contract labor contract
1. During the course of the labor contract, if the party is required to modify, add a labor contract content, then let the other side know before at least 3 days of work on the contents that need to be modified, supplemally.
2. In case of the two parties agreed, the amendment, the addition of the labour contract is conducted by the signing of a labor contract appendix or the new labor contract agreement.
3. In case the two parties do not deal with the amendment, the addition of the labor contract content is continued to implement the combined labor contract.
What? 36. The cases of termination of labor contract
1. The expiration of the labour contract, except for the specified case at paragraph 6 Article 192 of this Code.
2. completed work on the labor contract.
3. The two sides agreed to terminate the contract.
4. The worker is eligible for the time of social insurance and the age of pension due to regulation at Article 187 of this Code.
5. The worker who is sentenced to prison, death or is prohibited from doing the job of writing in the labor contract under the sentence, the court ' s decision to take effect on the Court.
6. The worker dies, which is falsely claimed by the Tribunal for the loss of civil conduct, missing or dead.
7. The employer is a dead individual, who is falsely claimed by the Tribunal for civil conduct, missing or dead; the employer is not an individual to end the operation.
8. The worker is dealt with a prescribed dismissal discipline at paragraph 3 Article 125 of this Code.
9. The unilateral labourers terminated the labor contract by regulation at Article 37 of this Code.
10. People who use unilateral labor terminate the labor contract by regulation at Article 38 of this Code; the employer for the worker to quit due to structural change, technology or for economic reasons or as a result of a merger, merge, division of business. -Yeah.-Yeah.
What? 37. unilateral power termination of worker labor contracts
1. The worker who works under the labour contract that defines the deadline, the contract labour contract by the season or under a certain job with a 12-month deadline of having a unilateral power to end the pre-term labor contract in the following circumstances:
a) Not to be positioned in accordance with the work, location of work or not to be secured with the work conditions agreed in the labor contract;
b) Not fully paid or unpaid wages are agreed upon in the labor contract;
c) Being persecuted, sexual harassment, forced labor;
d) Self or family with difficult circumstances cannot continue to carry out the labor contract;
Elected as a duty officer in a civil institution or appointed to serve in the state apparatus;
e) The pregnant female labor must take a job at the designation of the medical examination facility, the treatment of the jurisdiction;
g) The worker who suffers from illness, the accident has treated 90 days of continuous treatment for the worker under the labour contract that identifies the deadline and a quarter of the contract deadline for the person working on a labor contract by the season or according to a certain job. has a period of less than 12 months that the labor capacity has not yet recovered.
2. When the unilateral termination of the labor contract by regulation at paragraph 1 This, the worker must inform the employer beforehand:
a) At least 3 working days for regulation cases at points a, b, c and g 1 This Article;
b) At least 30 days if the labour contract determines the deadline; at least 03 days of work if it is a labour contract by the season or under a certain job of under 12 months for the specified cases at the d point and point 1 This Article;
c) For the specified case at the point of the 1 Article this deadline for the employer to be executed under the prescribed deadline at Article 156 of this Code.
3. The worker who works under a non-determinate labour contract has a unilateral right to end the contract of labour, but must inform the employer to know before at least 45 days, unless the case stipulated at Article 156 of this Code.
What? 38. unilateral power termination of employers ' labor contracts
1. The employer has a unilateral right to end the labor contract in the following cases:
a) The worker regularly does not complete the work under the labor contract;
b) The injured worker, the accident has treated for 12 consecutive months for the person following the undetermined labor contract, has been treated for 6 months of continuous treatment, for workers who do the labor contract determine the deadline and the half-deadline period. Labour contracts for the person following the labour contract by the time of the season or under a certain job of under 12 months that the labor capacity has not yet recovered.
As the health of the worker is recovering, the worker is considered to continue the contract of labor contracts;
c) Due to natural disasters, fires, or other adverse reasons according to the rule of law, which employers have sought all remedied but still forced to narrow the production, reduce workplaces;
d) The worker was not present at the workplace after the statute of limitations at Article 33 of this Code.
2. When the unilateral termination of worker labor contracts the employer must inform the worker beforehand:
a) At least 45 days for the labor contract does not specify a deadline;
b) At least 30 days for the labor contract that determines the deadline;
c) At least 03 days of work on the specified case at the point b 1 Article and for the labour contract by the season or under a certain job has a deadline of less than 12 months.
What? 39. The case of employers who must not exercise a unilateral right to end the labor contract
1. The person who labours in pain or suffering from labor accidents, occupational illness is treating, nursing from the decision of the medical examination facility, the treatment of the authority, except for the prescribed case at the point b 1 Article 38 of this Code.
2. The labourers are on holiday each year, quitting their own jobs and other vacation cases that are agreed by the employer.
3. The female labor regulates at paragraph 3 Article 155 of this Code.
4. The labourers take a break in the enjoyment of the birth degree according to the law of social insurance.
Each party has the right to cancel the unilateral termination of the labor contract before the expiration of the deadline but must be notified by writing and must be agreed upon by the other party.
What? 41. The unilateral termination of legal legal contract
The unilateral termination of the legal legal contract is that cases of termination of the labour contract are not correct in the 37, 38, and 39 terms of the Code.
What? 42. The duty of the employer when unilever ends the legal legal contract.
1. Must take workers back to work under the contract labour contract and have to pay wages, social insurance, health insurance on the days of the labourers who are not working plus at least 2 months of wages under the labor contract.
2. The case of workers who do not wish to continue working, in addition to the amount of compensation stipulated at 1 This the employer must pay the prescribed allowance at Article 48 of this Code.
3. The case of employers who do not want to receive the worker and the worker agree, then in addition to the compensation clause stipulated at the 1 Article and the allowance that is prescribed at Article 48 of this Code, the two sides deal the payment. Compensated for more than 2 months of labor contracts to end the labor contract.
4. The case is no longer in place, the work has been over in the labor contract that the worker still wants to work on, in addition to the amount of compensation prescribed at 1 Article, the two sides negotiate for the amendment, the addition of the labor contract.
5. The case of a violation of the previous deadline must be compensated for the worker of a payment corresponding to the worker's wages in the unannounced days.
What? 43. The service of the labourers when unilateral termination of legal labor contract
1. Not subsidied, and must compensate the employer for half a month ' s salary under the labor contract.
2. If the violation of the previous date of the foreword is required to compensate the employer of a payment corresponding to the worker's wages in the unannounced days.
3. Must reimbursate training costs for the employer by regulation at Article 62 of this Code.
What? 44. The obligation of employers in the case of structural change, technology or for economic reasons is not.
1. The case of structural change, technology that affects the employment of many labourers, then employers are responsible for building and implementing a statutory use of labor in accordance with Article 46 of this Code; the case has a working place. And the priority of training workers to continue to use.
In the event that the employer cannot solve a new job, the employment of a worker is required to pay the loss of employment to the worker in accordance with Article 49 of the Code.
2. In the case for economic reasons that many workers are at risk of losing jobs, having to quit, the employer must build and implement the method of using labor as prescribed at Article 46 of this Code.
In the event that the employer cannot solve the employment that must be given to the worker, the employment allowance must be paid to the worker by regulation at Article 49 of this Code.
3. The employment of many employees by regulation at this is only to be conducted after the exchange with the organization of collective labor at the facility and a 30-day notice to the state governing body of provincial labour.
What? 45. The obligation of employers when mergers, merger, division, separation of business, social cooperation and business.
1. In the case of mergers, merge, division, separation of enterprises, the next employer is responsible for continuing the use of existing labor and the process of revising, the addition of labor contracts.
In the absence of any existing labor, the next employer is responsible for the construction and implementation of the procedure for use of labor under regulation at Article 46 of this Code.
2. In case of transfer of ownership or the right to the use of the property of the business, the previous employer must establish a statutory use of labor in accordance with Article 46 of this Code.
3. In the case of employers for the worker who is forced to follow the regulation at this, it must pay the loss of employment to the worker by regulation at Article 49 of this Code.
What? 46. The method of using labor
1. The method of using labor must have the following principal content:
a) List and number of labourers continue to be used, workers take the training again to continue to use;
b) List and number of retired workers;
c) The list and the number of workers being transferred to work is not full of time; the worker must end the labor contract;
d) The measure and source of finance guarantees the implementation of the method.
2. When building a labor use method must have the participation of the collective labor collective representation at the facility.
What? 47. The employer ' s responsibility at the termination of the labor contract
1. At least 15 days before the labor contract date that determines the expiration date, the employer must inform the worker who knows the time of the labor contract termination.
2. During the period of 7 working days, since the end of the labour contract, the two sides have a responsibility to fully pay the benefits of each side; in particular, it may last but not 30 days.
3. The employer is responsible for completing the confirmation procedure and returning the social insurance book and other paperwork that the employer has retained by the worker.
4. In the case of a business, the cooperative is terminated operations, dissolved, bankraking wages, job subsidies, social insurance, health insurance, unemployment insurance and other rights of workers under the collective labor agreement and the contract agreement. The co-workers have signed a payment priority.
1. When the plunge contract is terminated by regulation at 1, 2, 3, 5, 6, 7, 9, and 10 Article 36 of this Code the employer is responsible for paying off the allowance for workers who have worked regularly for 12 months or more, each year. It ' s a half-month pension.
2. The time working to calculate the degree of employment is the total time the worker has done the actual job for employers unless the time the worker has joined the unemployment insurance according to the regulation of the Social Insurance Law and the working time of employment. It ' s been paid for by employers.
3. The salary for the pension is to be the average wage on the labor contract of the next 06 months before the labourers stop.
1. The employer pays the loss of employment for workers who have been working regularly for themselves from 12 months or more without the prescribed employment at Article 44 and Article 45 of this Code, each working on paying 1 months of wages but at least one. It's about 2 months.
2. The time working to calculate the loss of employment is the total time the worker has done the actual job for employers unless the time the worker has joined the unemployment insurance according to the regulation of the Social Insurance Law and time of employment. You know, it's been paid off by employers.
3. The salary to calculate the loss of employment is the average wage under the labor contract of the next 06 months before the worker loses his job.
Section 4
DISABLED LABOR CONTRACT
1. The fully disabled labor contract when belonging to one of the following cases:
a) The whole content of the legal labor contract;
b) The signor of the labor contract is not correct jurisdiction;
c) The work that the two sides have interconnected in the labour contract is the work of prohibited law;
d) The content of the contract of labour limited or prevented the establishment, accession and union activities of the labourers.
2. The contract for inefficient labor is part of the part where the content of that section violates the law but does not affect the rest of the contract.
3. In the case of part or the entire content of the labor contract that regulates the rights of the lower worker rules in law on labor, labor-labor, the collective labor agreement is applying or the content of the contract labour contract. The other rights of the labourers are part or the whole content is disabled.
What? 51. Authority claims the disabled labor contract
1. The labor inspector, the People ' s Court has the right to declare a disabled labor contract.
2. The government regulates the sequence, the procedure of the labor inspector declares the contract for inefficient labor.
What? 52. Handled disabled labor contract
1. When the labor contract is declared inefficient in part, the processing is as follows:
a) the right, obligations and interests of the parties to be resolved under the collective labor agreement or by the rule of law;
b) The parties conduct the amendment, the addition of the labour contract is declared inefficient to conform to the collective labor agreement or labor law.
2. When the labor contract is declared a whole, the processing is as follows:
a) In the case of the false authority stipulated at the point b paragraph 1 Article 50 of this Code is the state governing body for labour to guide the parties;
b) The right, obligations and interests of the labourers are resolved in accordance with the rule of law.
3. The government specifically regulates this.
Section 5
RENTAL OF LABOR
1. The employer is employed by the employer employed by the licensed business that rehired the employer then working for other employers, subject to the employer's executive employer, and still maintains a labor relationship with the employer. It ' s a business that rents labor.
2. Labor rehiring activity is a conditional business, and is only done for certain tasks.
What? 54. Enterprise rental business
1. Enterprise rental business must sign a fund and be licensed to work for rehiring labor.
2. The deadline for renting a maximum labor is not more than 12 months.
3. The government regulates the licensing of labor reemployment, the signing of the fund, and the work portfolio made for labor rehiring.
What? 55. Contract lease release
1. The business for hiring labor and rehiring labor must sign a lease of the lease in writing, set up to 2 copies, each holding a copy.
2. The contract for rehiring of labor consists of the following key content:
a) Where to work, the position of employment needs to use the employer, the specific content of the work, the specific requirements for the labourers.
b) The days of renting labor; the time of starting work of the worker;
c) Time to work, time of rest, labor safety conditions, labor sanitation at work;
d) The obligation of each party to the worker.
3. The contract for rehiring labor is not having the rights to the right, the benefits of the workers are lower than the labor contract that the rental business has signed with the worker.
What? 56. The rights and obligations of the business lease labour
1. Make sure that the worker with the qualifications is consistent with the requirements of the employer and the contents of the labor contract signed with the worker.
2. Notice the worker who knows the content of the rental contract.
3. Sign a labor contract with the employer under the provisions of this Code.
4. inform the employer to know the cause of the worker's background, the worker's request.
5. Do the duty of employers in accordance with the provisions of this Code; pay wages, salaries of holiday holidays, annual holidays, unpaid wages, job subsidies, job loss subsidies; mandatory social insurance, health insurance, insurance, maintenance, and employment. Unemployment for workers by law.
The guarantee of paying workers is no less than the employer's salary of the employer with the same degree, doing the same job or job as equal.
6. The filing of records of the number of workers has rehired, the rehiring of labor, the fees for renting the labor and reporting of the state governing body on provincial labor.
7. Handled labor discipline treatment for workers who violated labor discipline when the party rehired workers to return workers due to labor discipline violations.
What? 57. The rights and obligations of the rehired party
1. Notice, guidelines for employers who hire again to know their labor and other rules.
2. Not to be discriminated on the labor conditions for labourers rehiring compared to their labourers.
3. The deal with the worker leadback if mobiles they make the night, overtime the hours in addition to the labor contract lease.
4. Do not transfer the hired labourers to other employers.
5. Agreement with rehired workers and employers to hire workers to recruit workers to work for themselves in the case of workers ' labor contracts with the business rehiring business that has not terminated.
6. Return the business to worker labor rehiring failing to meet the requirement as agreed upon or violating the discipline of labor.
7. Provides the business to rehire evidence of a worker's labor discipline violation to review the discipline of labor discipline.
What? 58. The right and duty of the worker to rent
1. Do the work under the labor contract that has signed with the operating business for the rental of labor.
2. Accept of labor, labor discipline, legal practice and compliance with the collective labor agreement of the employer.
3. Being paid is not lower than the wages of the employees of the employer who have the same qualifications, doing the same job or job of equal value.
4. A complaint with the rental business in the case of a rehired party in violation of the agreements in the lease of the labor lease.
5. Practice of the unilateral right to end the labor contract with the rental business in accordance with regulation at Article 37 of this Code.
6. Agreement to deliver labor contracts with the rehiring party after the termination of the labor contract with the rental business.
VOCATIONAL TRAINING, TRAINING, RAISING SKILL LEVEL
What? 59. Learning and Vocational
1. The worker was selected for the profession, apprentied at work in line with his employment needs.
2. The state encourages employers to have enough conditions to establish a vocational training facility or to open a vocational training class at work to train, retrain, fostering, improve the level, skill skills for workers who are working for themselves and vocational training. for other apprentiers according to the law of vocational law.
What? 60. The responsibility of employers on training, fostering, advanced skill skill levels, and more.
1. The employer builds a yearly plan and spends the funding of training and training, raising the qualifications, skills for workers who are working for themselves; training for workers before transferring to other jobs. I'm
2. The employer must report the results of the training, the fostering of the qualifications, the occupational skills for the state governing body of provincial labour in the annual report on labor.
What? 61. apprenties, apprenties to work for employers
1. The employer who recruits people into the profession, apprenties to work for himself, does not have to register for vocational training and is not allowed to collect fees.
Apprenties, practicing in this case must be 14 years old and have sufficient health to fit the requirements of the profession, except for certain professions prescribed by the Ministry of Labor and Social Affairs.
The two sides must sign the contract for vocational training. A professional training contract must be made up of 2 copies each.
2. During apprentitiing, practice, if apprentiing, direct practice or labor participation makes a valid product, then payable by the employer on the level by the two parties.
3. Over the course of apprentiup, practice, the two parties must sign a labor contract when qualified under the provisions of this Code.
4. The employer is responsible for facilitrating workers to participate in a career evaluation to be granted a national skill certificate.
What? 62. The vocational training contract between employers, workers and the cost of vocational training in the country.
1. The two sides must sign a contract for vocational training in the case of trained workers, raising the qualifications, vocational skills, retraining in domestic or foreign countries from the employer ' s funding, including the funding due to the funding partner for the user. The labor force.
A professional training contract must be made up of 2 copies each.
2. The vocational training contract must have the following key content:
a) Training;
b) The training site, the training deadline;
c) The cost of training;
d) The deadline for the worker pledged to work for the employer after being trained;
Responsible for reimbursable training costs;
e) The responsibility of the employer.
3. The training costs include valid certificates from the valid cost of the teaching, academic materials, schools, classes, machines, equipment, practical materials, other costs that support learnmen and salaries, social insurance money, health insurance, and health insurance. You know, people who learn during school. Where workers are sent for overseas training, the cost of training also includes travel costs, the cost of living in foreign time.
DIALOGUE AT THE WORKPLACE, COLLECTIVE BARGAINING, COLLECTIVE LABOR AGREEMENT.
Item 1
WORK AT WORK
What? 63. The purpose, the form of dialogue at work
1. Dialogue at the workplace to share information, enhance the understanding between employers and workers to build labor relations at the workplace.
2. Dialogue at the workplace is done through the direct exchange between workers and employers or between labor collective representation with employers, ensuring the implementation of the democratic process at the facility.
3. The employer, the employer is obliged to carry out the democratic process at the base at the workplace under the Government ' s provisions.
What? 64. Dialogue Content at work
1. The production situation, the business of the employer.
2. The implementation of the labor contract, the collective labor agreement, the internal, the statute and commitment, the other agreement at the workplace.
3. The working conditions.
4. The worker ' s request, the labor collective for the employer.
5. The employer ' s request to work with the worker, the labor collective.
6. The other content that the two sides care about.
What? 65. Progress dialogue at work
1. Dialogue at the workplace is conducted periodically every 3 months or at the request of one side.
2. The employer has the obligation to place the location and other physical conditions secure for the dialogue at the workplace.
Item 2
COLLECTIVE BARGAINING
What? 66. The purpose of collective bargaining
Collective bargaining is the collective labor of discussion, negotiation with the employer for the following purpose:
1. Build a harmonable, stable and progressive labor relationship;
2. establish new labor conditions as a base to conduct the signing of the collective labor agreement;
3. Resolve the entourage, difficulty in the exercise of the right and obligations of each party in labour relations.
What? 67. The collective bargaining principle
1. The collective bargaining is conducted in accordance with the principle of goodwill, equality, cooperation, public and transparency.
2. The collective bargaining is either periodically or groundbreaking.
3. The collective bargaining is made at the site due to the two sides of the agreement.
What? 68. Rights of collective bargaining
1. Each side has the right to require collective bargaining, the receiving party is required not to refuse bargaining. For a period of 7 working days, since the date of receiving the request for negotiation, the parties agreed upon the time of the negotiation session.
2. The case of one party cannot participate in the bargaining session at the time of the negotiation of the negotiation under the agreement, which has the right to propose adjourn, but the timing of the negotiation is no more than 30 days from the date of receiving the collective bargaining requirement.
3. The case of a party that refuses to negotiate or does not conduct negotiations in the statute of limitations in this Article then has the right to conduct procedures that require the resolution of the labor dispute under the rule of law.
What? 69. collective bargaining
1. The collective bargaining representative is prescribed as follows:
a) The collective labor in collective bargaining volume is the organization of labor collective representation at the facility; the collective bargaining sector is representative of the disciplinary board;
b) The person who uses labour in the collective bargaining collective bargaining is the employer or the agent for the employer; the collective bargaining sector is representative of the organization representing the employer's employer.
2. The number of people attending the bargaining session of each party due to the two sides of the agreement.
What? 70. collective bargaining content
1. salaries, bonuses, grants and salaries.
2. Time to work, time of rest, overtime, break between the shift.
3. Secure the employment of the worker.
4. Secure labour safety, labor hygiene; labor-based exercise.
5. The other content that the two sides care about.
What? 71. collective bargaining process
1. The standard negotiation preparation process is as follows:
a) Before the start of a collective bargaining session of at least 10 days, employers must provide information on the situation of production, business, as the labor collective requires the exception of business secrets, the user ' s technology secrecy, and the use of the business. labor;
b) Take the initiative of the labor collective.
The bargaining agent of the collective labor group takes the direct opinion of the labor collective or indirectly through the worker 's delegate conference on the employer' s proposal to the employer and the proposal of the employer with the use of the labor force. labour collective;
c) The collective bargaining content.
At the beginning of the five working days before the start of the collective bargaining session, the proposed party requires that the collective bargaining inform the other party about the expected content of the collective bargaining.
2. The process of conduct of the collective bargaining is as follows:
a) The organization of collective bargaining.
Employers are responsible for organizing the collective bargaining session over time, the site due to the two parties that have agreed.
Collective bargaining must be compiled, which must have the content that has been unified by the two sides, the timing of the signing of the agreed content; the content of different opinions;
b) The collective bargaining session must have the signature of the labour collective representation, of the employer and of the editor.
3. In the 15-day period, since the end of the collective bargaining session, the bargaining body of the labor collective side must be widespread, publicly that the collective bargaining session for the labour collective knows and takes the voting opinion of the public. The collective action of the agreed content.
4. The case of bargaining does not become one of the two parties has the right to continue to recommend negotiating or conduct labor disputes in accordance with the provisions of this Code.
What? 72. The organization of the union organization, the organisation of the employer and the state governing body of labor in collective bargaining, is responsible.
1. The organization fostering collective bargaining skills for participants in collective bargaining.
2. Attend the collective bargaining session if there is a proposal of either side of the collective bargaining.
3. Provide, exchange of information related to collective bargaining.
Section 3
COLLECTIVE LABOR AGREEMENT
What? 73. The collective labor agreement
1. The collective employment agreement is the text agreement between the labor collective and the employer on the labor conditions that the two sides have achieved through collective bargaining.
The collective labor agreement includes the corporate collective labor agreement, the industry collective labor agreement and the form of other collective labor agreement provided by the Government.
2. The content of collective labor agreement is not contrary to the rule of law and must be more beneficial to the workers compared to the rule of law.
What? 74. Sign the collective labor agreement
1. The collective labor agreement is signed between the labor collective representation with the employer or the employer representing the employer.
2. The collective labor agreement is only signed when the parties have reached an agreement at the collective bargaining session and:
a) There are more than 50% of the number of people of the labor collective that espits the collective bargaining content gained in the case of a business collective labor agreement;
b) There are more than 50% of the representative number of the facility or company-level union on the basis of the approval banner content of collective bargaining has been reached in the case of the industry collective labor agreement;
c) For the form of another collective labor agreement by the regulation of the Government.
3. When the collective labor agreement is signed, the employer must publish to all of its employees.
What? 75. Send collective labor agreement to the state governing body.
In the 10-day period since the signing date, the employer or the employer representative must submit a collective labor agreement to:
1. The state governing body for provincial labour on the business collective labor agreement.
2. The Ministry of Labor-Trade and Social Affairs on the industry collective labor deal and other collective labor agreement.
What? 76. The effective date of the collective labor agreement
The effective date of the collective labor agreement is inscribed in the agreement. The case of a non-writable collective labor agreement has been in effect since the date of the signage.
What? 77. Amendment, add collective labor agreement
1. The parties have the right to request the amendment, the addition of the collective labor agreement in the following deadline:
a) After 3 months of implementation of the collective labor agreement that has a deadline of less than 01 years;
b) After 6 months of implementation of the collective labor agreement has a period of 1 years to 03 years.
2. In the case of the regulation of the change law that leads to the collective labor agreement no longer in line with the rule of law, the two parties must proceed to the amendment, the addition of the collective labor agreement within 15 days, since the French statute date. The law is in effect.
In the time of the amendment, the addition of the collective labor agreement is the rights of the workers to be made in accordance with the rule of law.
3. The amendment, the addition of the collective labor agreement to be conducted as the signing of the collective labor agreement.
What? 78. The collective labor agreement is disabled.
1. The collective labor agreement is inefficient when one or some of the content in the law of law.
2. The collective employment agreement is completely inefficient in one of the following cases:
a) There is full of the content of the law;
b) The signor is not correct jurisdiction;
c) The signing of the collective bargaining process.
What? 79. Authority claims the collective labor agreement is disabled.
The People's Court has the right to declare an inefficient collective labor agreement.
What? 80. Processing of the disabled collective labor agreement
When the collective labor agreement is declared inefficient, the right, obligations and interests of the parties in the agreement corresponding to the whole or the partial claim is resolved under the rule of law and legal agreements in the contract of labour. Oh,
What? 81. The collective labor agreement expires
For the period of 3 months prior to the expiration of the collective labor agreement, the two sides may negotiate to extend the deadline of the collective labor agreement or sign the new collective labor agreement.
As the collective labor agreement expires that the two sides continue to negotiate, the old collective labor agreement continues to be carried out in no more than 60 days.
What? 82. Cost of collective bargaining, signing collective labor agreement
All costs for negotiation, signing, modification, addition, deposit and publish of collective labor agreements are paid by the employer.
Section 4
ENTERPRISE COLLECTIVE LABOR AGREEMENT
What? 83. Signs of enterprise collective labor agreement
1. The signet of the business collective labor agreement is stipulated as follows:
a) The collective labourers are the collective labor collective at the facility;
b) The person using the employer is the employer or the agent of the employer.
2. The business collective labor agreement must make up to 05 copies, in which:
a) Each side signed for 1 copy;
b) 01 copies of the state agency by regulation at Article 75 of this Code;
c) 01 A public direct-on-the-basis and 01 direct-to-the-person-use organizations that the employer is a member.
What? 84. Make a business collective labor deal
1. The employer, the worker, even the worker who enters the work after the day of the collective labor agreement has the effect of having the full responsibility fulfills the collective labor agreement.
2. In the case of rights, obligations, the interests of the parties in the labour contract that have committed before the day of the collective labor agreement taking effect lower than the respective regulations of the collective labor agreement, the respective regulations must be made. Collective labor pact. Employers ' regulations on labor have not been consistent with the collective labor agreement, which must be revised accordingly in accordance with the collective labor agreement for a 15-day period, since the date of the collective labor agreement is valid.
3. When one party considers the other party to perform incomplete or violates the collective labor agreement, the right to request the execution of the agreement and the two parties must jointly consider the settlement; if not resolved, each side has the right to request a settlement. In the law of the law.
What? 85. The deadline for a business collective labor agreement
The business collective labor agreement has a term from 01 years to 03 years. For the first time business to sign a collective labor agreement, it is possible to conclude with a period of less than 01 years.
What? 86. Implementers collective labor agreement in the case of transfer of ownership, management rights, corporate rights, mergers, mergers, division, division, division of business
1. In the case of ownership transfer, management rights, corporate rights, mergers, mergers, division, separation of businesses, the next employer and collective labor representative base in the use of labor to review the choice of employment. continue to implement, modify, add old collective labor agreements or negotiate to sign new collective labor agreements.
2. In the event that the collective labor agreement expires due to the employer termination of the operation, the rights of the workers are resolved in accordance with the law of labour law.
Section 5
INDUSTRY COLLECTIVE LABOR AGREEMENT
What? 87. Signs of industry collective labor agreement
1. The representative signing of the industry collective labor agreement is stipulated as follows:
a) The labourers are chairman of the industry;
b) The employer is representative of the employer representation organization that has been involved in the industry collective bargaining.
2. The industry collective labor agreement must make up to 04 copies, in which:
a) Each side signed for 1 copy;
b) 01 copies of the state agency by regulation at Article 75 of this Code;
c) 01-based public service on the basis of the basis.
What? 88. Relations between the corporate collective labor agreement with the industry collective labor agreement.
1. The contents of the corporate collective labor agreement or the regulation of employers on the right, obligations, the legitimate interests of workers in the business are lower than the respective prescribed content of the collective labor agreement, and the value of the employer. The sector has to be revised, adding a business collective labor agreement for a period of 3 months, since the day the industry collective labor agreement is in effect.
2. The business subject to the application of the industry collective labor agreement but has not yet built an enterprise collective labor agreement, could build more corporate collective labor agreements with more profitable terms for workers compared to the business sector. The provisions of the collective labor agreement.
3. Encourage the business in the industry not to participate in the industry collective labor agreement implementing the industry collective labor agreement.
What? 89. The deadline for the collective labor agreement
The industry collective labor agreement has a period of 01 years to 03 years.
A SALARY.
1. The wages are the amount of money that employers pay to the workers to carry out the work under the agreement.
Wages include a salary under a job or title, salary allowable and other supplements.
The salaries of workers are not below the minimum wage provided by the Government.
2. The wages pay the worker base to the labor productivity and the quality of the work.
3. The employer must guarantee an equal pay, which does not distinguish the sex from the worker who does the same value.
1. The minimum wage is the lowest to pay the worker to do the simplest job, under normal labor conditions and must guarantee the minimum living needs of the labourers and their families.
Minimum wage is determined by month, day, and is now established in the region, the industry.
2. Based on the minimum living needs of labourers and their families, economic-social conditions and wages on the labor market, the Government announced a regional minimum wage on the recommendation basis of the National Wage Council.
3. The sector minimum wage is determined through the industry collective bargaining, which is inscribed in the industry collective labor agreement but is not below the extent of the regional minimum wage due to the Government announced.
What? 92. National Money Council
1. The national wage council is the advisory body for the Government, which includes members who are representatives of the Ministry of Labor-Trade and Social Affairs, the Vietnam Labor Federation and the organization of employers ' representatives.
2. The government provides specific functions, duties, and organizational structure of the National Council of Wages.
What? 93. Building a payroll, payroll, and labor level
1. On the basis of the principles of wage building principles, payroll and labor levels prescribed by the Government, employers are responsible for building salaries, payroll, employment levels as the basis for recruitment, labor use, level agreement, and employment. The salary is in the labor contract and pays the worker's salary.
2. When building a salary scale, payroll, the employment of employer employer must consult the labor collective representation at the facility and public publication at the worker 's workplace before the execution, while sending the agency' s management body to the public health care system. The state of labor grants the district to its manufacturing base, the business of employers.
1. The employer has the option to choose the form of pay over time, product or stock. The paid form has chosen to be maintained for a certain period; the case of changing the form of pay, the employer must inform the worker at least 10 days.
2. Liang is paid in cash or paid through the worker ' s personal account opened at the bank. In case of a bank account, the employer must deal with the worker on the fees associated with the opening, maintenance of the account.
1. The wage worker, the day, is paid after hours, days, weeks of work or is paid off due to the two sides of the agreement, but at least 15 days must be paid off once.
2. The monthly wage worker gets paid monthly monthly or half a month.
3. The worker who benefits the product, the stock is paid in accordance with the agreement of the two sides; if the job has to be done for months, the monthly wage is paid by the volume of the work done in the month.
Workers are paid live, full, and on time.
The special case cannot be paid on time is not to be delayed by an average of 1 months and the employer must pay the worker a sum of money at least by the interest rate raised by the State Bank of Vietnam at the time. Payback.
What? 97. The salaries are overtime, working at night.
1. The worker who makes more hours is paid in accordance with the wage bill or wages according to the work that is doing as follows:
a) On the regular day, at least 150%;
b) On weekdays, at least 200%;
c) On the day of the holiday, the day of the holiday has a salary, at least 300 per cent that has not yet told the holiday wage, the day of the day ' s pay for the worker labourers.
2. The worker who works at night, is paid in at least 30% of the salary according to the wage bill or salary according to the work of the normal working day.
3. The worker who makes more hours at night, in addition to the provision of provisions in paragraph 1 and paragraph 2 This, the worker is also paid an additional 20% of the salary according to the wage bill or payroll according to the day's work.
In the event of a stop, the labourers are paid as follows:
1. If the fault of the employer, then the worker is paid enough wages;
2. If the worker ' s fault is not paid; the other workers in the same unit must stop being paid on the level due to the two sides of the agreement but are not below the minimum wage zone provided by the Government;
3. If due to the incident of electricity, water without the fault of the employer, the worker or for other objective causes such as natural disasters, fires, dangerous epidemics, the enemy, displaced the site as required by the state agency to be questioned. Or for economic reasons, the salaries are stopped due to the two sides of the agreement, but they are not lower than the government's minimum wage.
What? 99. Pay through the contractor
1. Where to use the contractor or who has a similar intermediate role, the employer is the main owner must have the list and address of these people with a list of workers who work with them and have to ensure their compliance with them. the regulation of the law of pay, safety of labor, sanitation.
2. The case of the tender or person who has a similar intermediate role does not pay or pay is not full and does not guarantee other rights to the worker, then the employer is the main owner responsible for pay and assurance. These rights to the workers.
In this case, the employer is the owner of the right to ask the ruler or who has a similar medial role to make up compensation or ask the state agency to have the authority to resolve disputes under the rule of law.
1. The worker is given a pay-wage on condition due to the two sides of the agreement.
2. The employer must advance the wages corresponding to the number of days the worker temporarily reties to perform a citizen ' s obligation from 01 weeks or more but maximum of no more than 1 months of pay and must refund the amount that has since performed except for the execution. A military service.
1. The employer is only deducted from the wages of the worker to pay for damages due to the damage to the instrument, the equipment of the employer by regulation at Article 130 of this Code.
2. The worker has the right to know the reason for his salary deduction.
3. The monthly wage deduction is not more than 30% of the worker ' s monthly wages after the citation of compulsory social insurance, health insurance, unemployment insurance, income tax.
What? 102. Subsidy mode, allowance, upgrade, raise wages
Secondary, pension, raising, lifting, and incentives for workers are agreed upon in the labor contract, collective labor agreement, or regulation in the employer's statute.
1. The prize money is the amount of money that the employer rewards the worker base on the results of the annual business production and the level of the employment completion of the worker.
2. Rules for the use of the employer decides and published publicly at the workplace after consultation of the labor collective representation organization at the facility.
TIME TO WORK, TIME OFF.
Item 1
TIME TO WORK.
What? 104. Time to work is normal.
1. The normal working time is not more than 08 hours in 01 days and 48 hours in 01 weeks.
2. The employer has the right to rule over time or day or week; the case by week is normal working time no more than 10 hours in 1 days, but no more than 48 hours in 01 weeks.
The state encourages employers to make a 40-hour work week.
3. Time to work no more than 06 hours in 01 days for those who do particularly heavy, toxic, dangerous jobs according to the category due to the Ministry of Labor-Trade and Social Democrats in coordination with the Department of Health enacted.
Night work is calculated from 22 hours to 6 a.m. the following day.
1. Add an hour of overtime working hours as normal work is specified in law, collective labor or labor-labor agreement.
2. The employer is employed by the employer as an hour when the following conditions are met:
a) The consent of the labourers;
b) Make sure the number of overtime workers is no more than 50% of normal working hours for 1 day, the case of applying the working regulations the week the total number of hours is normal and the number of hours adds no more than 12 hours in 01 days; no more than 30 hours For 1 months and a total of no more than 200 hours in 01 years, except for some special circumstances under the Government of the United States, it ' s been added to less than 300 hours in one year.
c) After each month of continuous days of the month, the employer must make a worker leave for the amount of time that has not been spent.
What? 107. Overtime in special circumstances.
Employers have the right to ask workers to do more hours on any day and the labourers are not allowed to refuse in the following cases:
1. execute the mobiles, mobilize the defense of the defense, security in the state of emergency in defence, security in accordance with the rule of law;
2. Do the work to protect human life, the property of the agency, the organization, the individual in the prevention and remediation of the disaster, fire, disease, and disaster.
Item 2
TIME OFF.
What? 108. Quit working hours.
1. The worker who works continuously 08 hours or 06 hours as stipulated at Article 104 of this Code is rested between at least 30 minutes, counting at the time of work.
2. The day of nighttime working, the labourers are on the middle of at least 45 minutes, counting at the time of work.
3. In addition to the mid-time period stipulated at paragraph 1 and paragraph 2 This, the employer specifies the time of short breaks and is credited to the labor cabinet.
The labourers worked on the shift for at least 12 hours before switching to other work shifts.
1. Every week, workers are on holiday for at least 24 hours of continuous time. In the special case due to the constant labor cycle, the employer is responsible for ensuring the worker is on average 1 months at least 4 days.
2. The employer has the right to decide on a weekly holiday on a Sunday or another fixed day of the week but must write to the labor cabinet.
1. The worker who has enough 12 months to work for a worker who uses the labor is spent every year, enjoying the salary according to the labor contract as follows:
a) 12 days of work for the man who works in normal conditions;
b) 14 days of working for the heavy, malicious, dangerous, or person who works in places where there is a harsh life condition under the category due to the Ministry of Labor-Trade and Social Democrats in coordination with the Department of Public Health or Labor. Not a teenager or a person is handicapped;
c) 16 working days for people who work particularly hard, malicious, dangerous, or people who work in places where the conditions are particularly harsh according to the category operated by the Ministry of Labor-Trade and Social Affairs in coordination with the Department of Health enacted.
2. The employer has the right to set the schedule annually after consultation with the worker and must inform the worker.
3. The worker can make a deal with the employer to take a yearly break into multiple times or spend a maximum of every 3 years.
4. Upon a yearly break, if the worker walks by road, rail, waterways that the number of days travel both away and over 2 days from the 3rd day onwards are charged with more time off the yearly holiday and are counted only 1 times. In the year.
What? 112. Annual holiday increases with seniority working
Every five years of employment for an employer, the number of people's annual holidays as prescribed at 1 Article 111 of the Code is increased by 1 day.
1. When a yearly break, the worker is given a pre-payment of at least by the salaries of the holidays.
2. The car money and the salaries of the days go the road due to the two sides of the agreement.
For the downstream labourers working in the highlands, the depths, the remote, the borders, the islands and the labourers in the highlands, the depths, the remote areas, the borders, the islands working in the downstream were employed by the employer and the wages of the car and the wages. Go, go.
What? 114. Payment of unpaid days
1. The worker due to quit, loses his job or for other reasons that have not spent the year or not all the rest of the year spent on holiday payment.
2. The worker who has less than 12 months of work is calculated in proportion to the number of time working. The non-stop is paid for by money.
Section 3
VACATION, VACATION, VACATION.
1. The worker is rested for work, enjoying the salary during the holidays, the following New Year:
a) New Year 1 (1 January 01);
b) The Lunar New Year 05 days;
c) A 1-day Victory Day (30 April calendar calendar);
d) The International Day of Labor Day 1 day (1 May 01);
1 day (2 September)
e) The anniversary of the reign of King Xiong 1 day (10 March).
2. Labor is a foreign citizen who works in Vietnam outside of the prescribed holidays at 1 This Article is also given an additional 01 days of National Lunar New Year and 1 day of the National Day of Nations.
3. If the holidays are prescribed at 1 Article which coincs on the weekday, the workers are rested for the next day.
What? 116. Quit your own job, don't get paid.
1. The labourers are on holiday alone who still enjoy the salaries in the following cases:
a) Get married: leave for three days.
b) I'm married: 1 day off;
c) The father, mother, father, wife, wife or father, and her husband die; wife dies or her husband dies; the child dies: resting 3 days.
2. The worker is on unpaid leave for 1 day and has to inform the employer when his grandfather, grandmother, maternal grandfather, grandmother, brother, sister, sister die; father or mother is married; he, sister, brother, married.
3. In addition to regulation at paragraph 1 and paragraph 2 This person can make a deal with the employer to take a unpaid leave.
Section 4
TIME OF WORK, TIME OF REST FOR THE JOB-WORKER WITH SPECIAL PROPERTIES.
What? 117. Time of work, time of rest for the worker who works in particular.
For jobs that have special properties in the field of road transport, railways, waterways, air routes, exploration of oil and gas exploration at sea; working on the sea; in the field of art; using radiation and nuclear engineering; the technical application of the sea. High frequency waves; divers work, work in the vault; production work is the time and job of the order; the work must be permanent 24 hours, and the ministries, the specific regulatory management industry, time to work, time. rest after unification with the Ministry of Labor-Trade and Social Affairs and must comply with regulation at Article 108 of this Code.
LABOR DISCIPLINE, PHYSICAL RESPONSIBILITY
Item 1
LABOR DISCIPLINE
Labor discipline is the regulation of time, technology, and manufacturing, business in labor.
1. The employer uses from 10 workers who have to be in the right of writing labor.
2. Labour content content is not contrary to the laws of labor and other regulation of the relevant legislation. The labor cabinet consists of the following principal content:
a) Time to work, and time to rest;
b) Order in the work;
c) Safe labor, labor hygiene in the workplace;
d) The protection of property and business secrecy, the secret of technology, the intellectual property of the employer;
Violations of the labour discipline of workers and the forms of labor discipline, physical responsibility.
3. Before the employment of the labor intransigor, employers must consult the collective labor collective representation at the facility.
4. The labor cabinet must be notified to the worker and the main content must be listed in the necessary places at the workplace.
What? 120. Labor inline registration
1. The employer must register the labor-labor cabinet at the state governing body of provincial labor.
2. In the 10-day period, since the day of the labor-labor practice, employers must file a labor-labor register.
3. During the 07 day period of work, since the date of receiving a labor intranet filing, if the labor cabinet has a left regulation with the law then the state regulator of state management of the provincial labour is notified, instructs employers to modify, replenor and Sign up.
What? 121. Labor inaction profile
Labor inaction records include:
1. Text of the proposed labor inline registration;
2. The written use of the employer is related to the discipline of labor and the responsibility of matter;
3. The editorial contribution of the organization of labor collective representation at the facility;
4. Civil labor.
What? 122. The effect of labor content
The labor force is in effect after a 15-day period, since the day the state governing body of state employment in provincial labour receives a labor-based registration record, except for the specified case at 3 Article 120 of the Code.
What? 123. The principle, the self-discipline of labor discipline.
1. The processing of the labour discipline is regulated as follows:
a) The employer must prove the fault of the worker;
b) There must be participation of the collective labor collective representation at the facility;
c) The worker must be present and have the right to self-defense, by the lawyer or the other; the case is that the under-18 will have the participation of the father, the mother or the representative under the law;
d) The handling of the discipline of labor must be established.
2. Do not apply many forms of labor discipline treatment to an act of violation of labor discipline.
3. When a worker simultaneously has multiple violations of labor discipline, only the highest form of discipline corresponds to the most severe violation.
4. Not to be dealt with the labor discipline for the worker who is in the following time:
a) the sick rest, the nursing, and the rest of the work of the employer;
b) Under arrest, detention;
c) Waiting for the results of the body with the authority to investigate the verification and conclusions on the behavior of violations specified at paragraph 1 Article 126 of this Code;
d) pregnant female labor, maternity leave; labourers who raise children under 12 months of age.
5. Do not treat the labor discipline to workers who violate labor discipline while contracting mental illness or another disease that departs their cognitive abilities or ability to control their behavior.
What? 124. Labor discipline treatment.
1. The period of maximum employment discipline is 6 months, since the day of the violation of the breach; the case of violations of the breach directly related to the financial, property, secret disclosure of technology, the business secrecy of the employer, the time of the discipline. the maximum labor law is 12 months.
2. At the end of the specified time at points a, b and c 4 Article 123, if there is a time to process the discipline of labour, the employer conducts the labour discipline immediately, if the end of the time is extended to the discipline of labor discipline. But the maximum is no more than 60 days from the end of time.
At the end of the specified time at the point of d 4 Article 123, the period of time for the processing of the labour discipline is extended to the duration of the labor discipline, but maximum not more than 60 days from the end of time.
3. The decision to process the labor discipline must be issued in the statute of limitations at paragraph 1 and paragraph 2 This.
What? 125. Labor discipline processing form
1. Control.
2. Extended the lifting deadline for no more than 6 months; the manner.
3. Fire.
What? 126. Applying the form of fire discipline.
The form of fire discipline treatment is applied by employers in the following cases:
1. The worker with theft, embezzled, gambling, intentional injury, drug use within the scope of the workplace, revealing business secrets, secrets of technology, infraction on the intellectual property rights of employers, has a damaging behavior. severe or threatening to cause serious damage to property, the benefit of employers;
2. The worker who was dealt with a disciplinary trial that extended the wage deadline that recommitted during the unerasing period of the law or was dealt with disciplinary action by resin.
Resin is the case that the worker repeated the violation of the disciplinary action that has not been cleared by statute under regulation at Article 127 of this Code;
3. The labourers automatically quit 5 days plus a 1-month or 20-day plus 1-year plus no correct reason.
The case is considered to have significant reasons including: natural disasters, fire, self, patients with confirmed sick body of the basis of medical treatment, medical treatment, and other cases prescribed in the labor cabinet.
What? 127. Delete discipline, reduce labor discipline.
1. The worker was reprimed after 3 months, or was dealt with a rule that extended the wage deadline after 6 months, since the day of the trial, if not recommitted, of course was removed. The case of a disciplinary action by the form of employment after a three-year period, if continuing to violate the discipline of labor, is not considered to be recommitted.
2. The labourers who were dealt with discipline extended the wage deadline after accepting a half-deadline if the repair progressed, which could be used by the employer for a deadline.
What? 128. Regulations prohibit when processing labor discipline.
1. Inviolate the body, the worker ' s dignity.
2. Use the penalty form, pay off the salary of the labor discipline.
3. Handled labor discipline for workers with unregulated violations of labor.
What? 129. Temporary job suspension
1. The employer has the right to suspend the work of the worker when the breach is complex, if the trial for workers to continue to work will be difficult to verify. The suspension of the work of the worker was only made after consultation with the organization's collective representation at the facility.
2. The temporary suspension of the work is not too 15 days, the special case is also not too 90 days. During the temporary suspension of the job, the worker was given a 50% advance on the salary before being suspended from work.
For the duration of the suspension, the employer must receive the worker back to work.
3. The case of labourers being treated as a labour discipline, the worker also does not have to return the paid pay number.
4. The case of workers who are not treated for labor discipline is paid by the employer to pay enough wages for the duration of the suspended work.
Item 2
PHYSICAL RESPONSIBILITY
1. The worker who damages the instrument, device or other behavior that damages the property of the employer, is compensated by the rule of law.
The case of workers causing severe damage due to the negligence of no more than 10 months of government minimum wage due to the Government of the Public Administration is applied to where the worker works, the worker must pay for as many as 3 months. pay and be deducted every month on a prescribed salary at paragraph 3 Article 101 of this Code.
2. The worker departs the equipment, equipment, property of the employer or other property due to the user's employer, or the excessive amount of attriable supplies, and is required to pay partial or complete damage in the market price; The case with the contract is to be compensated by the contract; in case of natural disasters, fire, the enemy, the plague, the plague, the disaster, the event of unforeseen objectiable objectiable objectiable objectiable objectiation. It is necessary and the ability to allow it is not to be compensated.
What? 131. The principle and the sequence, the procedure for damages of damages.
1. The review, the decision to pay damages to the extent of the damage to the error, the extent of the actual damage and the actual circumstances of the family, the people and the property of the worker.
2. The procedure, procedure, the time of handling damages is imposed by regulation at Article 123 and Article 124 of this Code.
What? 132. Complaints about the discipline of labor, physical responsibility
The person who is dealt with a discipline of labor, suspended from work, or must be compensated by a physical liability regime if it does not deserve to have a right to complain to the employer, with a competent authority under the rule of law or request. resolving the labor dispute under the rule of law of regulation.
SAFE LABOR, LABOR SANITATION.
Item 1
THE GENERAL REGULATIONS OF LABOR SAFETY, LABOR HYGIENE
What? 133. Compliance with the law of labor safety, labor hygiene
Every business, agency, organization, individual involved in labor, production must follow the regulation of labor safety legislation, labor hygiene.
What? 134. State policy on labor safety, labor hygiene, and labor.
1. The state of the investment of scientific research, which supports the development of manufacturing facilities, labor safety equipment, labor hygiene, personal means of protection.
2. Recommend the development of labor safety services, labor hygiene.
What? 135. Labor safety program, labor sanitation.
1. The government decides the National Programme for Labor Safety, Labor Hygiene.
2. The Provincial People's Committee builds the Council of People's Council on the decision to program the safety of labor, sanitation workers within the local sphere and into the economic-economic development plan.
What? 136. National Technical Standards for Labor Safety, Labor Hygiene
1. The Ministry of Labor-Trade and Social presided over, in coordination with ministries, sectors, construction sites, and guidelines for the implementation of the national technical standards of labor safety, labor hygiene.
2. The employer of standard base labor, national technical regulation, local technical regulation of labor safety, labor sanitation for internal construction, employment assurance process safety, labor hygiene in line with each type of machine, Equipment, work.
What? 137. Ensuring the safety of labor, sanitation at work.
1. When new construction, expansion or renovation of works, facilities for manufacturing, use, preservation, storage of types of machines, equipment, supplies, substances with strict requirements for labor safety, labor hygiene, investment owners, employers must establish their own, and provide them to the public. It ' s about labor safety measures, labor sanitation, labor and environmental work.
2. When production, use, preservation, transportation of machines, equipment, supplies, electricity, electricity, chemicals, food protection drugs, technological changes, new technology imports must be done according to the national technical regulation of labor safety, sanitation, and security in the United States. labor or standards of labor safety, labor hygiene in the workplace, applies.
What? 138. The obligation of employers, workers for labor safety, labor sanitation, labor, labor, and labor.
1. The employer has the following obligation:
a) Assuring the workplace to be required for space, space, dust, gas, gas, radiation, electricity from school, hot, humid, noise, vibration, other harmful factors are regulated at the relevant technical standards and those elements must be periodically tested, measured;
b) Secure the safety of labor, sanitation to the machine, equipment, the workshop to the national technical standards of labor safety, labor hygiene, or the standard of labor safety standards, labor hygiene at the workplace has been established. publish, apply;
c) Check, assess risk factors, harm in the workplace of the facility to propose exclusion measures, mitigate hazards, harm, improve labor conditions, health care for workers;
d) periodically testing, maintenance of machine, equipment, workshops, warehouses;
There must be a worksheet for safety, labor sanitation, equipment, workplaces, and places of work, easy to see at work.
e) Take the initiative to organize labor collective representation at the facility when building plans and carrying out labor safety assurance activities, labor hygiene.
2. The worker has the following obligation:
a) Accept of regulations, processes, interiors of labor safety, labor hygiene related to work, tasks assigned;
b) Use and preserve of the personal protection vehicles that have been made up; work safety devices, sanitation, and workplaces;
c) timely reporting with the person responsible for the detection of a risk of labor accidents, occupational illness, malicious or dangerous incidents, participation in the emergency and remediation of the labor accident when the employer's orders are ordered.
Item 2
LABOR ACCIDENT, OCCUPATIONAL ILLNESS.
What? 139. The worker of the labor safety, the labor sanitation.
1. The employer must send a worker who works as a worker, sanitation worker. For manufacturing facilities, business in areas has a lot of risk of labor accidents, occupational diseases, and use from 10 workers who turn to employers who have to have the right expertise as a specialist cadet in safety, sanitation and safety. Labor, labor.
2. The worker of the labor safety, labor hygiene must be trained in the safety of labor, labor hygiene.
What? 140. Handling the incident, emergency response.
1. In the handling of the incident, the emergency response, the employer with the following responsibility:
a) Building the incident handling of the incident, the emergency response and the planning of the exercise organization;
b) The site is technical, medical, to ensure the rescue, to be saved in time when the incident, the labor accident;
c) To take immediate remedied measures or orders to stop the operation of the machine, the device, where there is a risk for labor accidents, occupational diseases.
2. The worker has the right to refuse to work or leave the workplace that is still paid enough wages and is not considered a violation of labor discipline when it is clear to the risk of a labor accident, occupational illness, serious threats of life or health. You know, I'm fine, and I have to tell you directly to the man in charge. Employers do not force workers to continue to do the job or return to the workplace if the risk has not been overcome.
What? 141. Artisanal accretion on workers who work in conditions that have dangerous, toxic factors.
The person who works in the condition has a dangerous, toxic factor that is employed by the employer by the provisions of the Ministry of Labor-Trade and Social Affairs.
1. A labor accident is an accident that causes damage to any department, function of the body or causing death to the worker, which occurs during the labor process, attached to the execution of the work, the labor duty.
This regulation is applied to both apprentiers, apprenties, and trials.
2. The person with a labor accident must be granted timely and treatment treatment.
3. All labor accidents, occupational diseases and serious incidents at work are required to be declared, investigated, compiled, and periodically reported by the Government.
What? 143. Occupational illness
1. occupational illness is a disease that is caused by the harmful labor conditions of a career that impacts workers.
The category of occupational diseases presided over by the Ministry of Health in conjunction with the Ministry of Labor-Trade and Social Affairs issued after taking the opinion of the Vietnam Labor Federation and the organization of employers ' representatives.
2. People with occupational diseases must be treated with their attentive treatment, recurring health examinations, with a separate health profile.
What? 144. The responsibility of the employer to the person suffering from labor accidents, occupational illness.
1. Payment part of the cost of the pay and the costs that are not in the category due to the health insurance paid for the worker to participate in health insurance and the full payment of medical costs from the time of the evacuation, the emergency comes when the treatment is stable for the worker. No medical insurance.
2. Pay enough wages according to the labor contract for the worker who suffers from labor accidents, the occupational illness must take a break from the treatment period.
3. Compensation Compensation for workers with labor accidents, occupational diseases under regulation at Article 145 of this Code.
What? 145. The rights of labourers suffer from labor accidents, occupational diseases
1. The worker involved in social insurance is obligated to enjoy labor accidents, occupational diseases according to the regulation of the Social Insurance Act.
2. The worker of the subject of the obligate social insurance that the employer has not yet closed the social insurance for the social insurance agency, is paid by the employer to pay the same amount to the labor accident regime, the occupational illness. according to the rules of the Social Insurance Act.
The payment can be made once or every month by the agreement of the parties.
3. The worker with a labor accident, occupational illness without due to the worker ' s fault and impaired labor capacity from 5% or more, is compensated by the employer with the level as follows:
a) At least one and a half months of labor contract wages should be reduced from 5.0% to 10% of the labor capacity; then a 1.0% increase is added to 0.4 months of labor contracts if the labor contract is reduced from 11% to 80%.
b) At least 30 months of employment contracts for labourers are impaired by an 81% or more of the worker's relatives who have been killed as a result of the labor accident.
4. The worker ' s fault for the worker is also given a sum of at least 40% of the regulation at 3 This.
What? 146. The behaviors are prohibited in the safety of labor, labor hygiene.
1. Pay instead of accretion by artifacts.
2. Hide, declare or report false reports of labor accidents, occupational diseases.
Section 3
PREVENTION OF LABOR ACCIDENTS, OCCUPATIONAL DISEASES
What? 147. Computer testing, equipment, materials with strict requirements for labor safety.
1. Machine types, devices, materials with strict requirements for labour safety must be checked before entering use and periodic testing in the process used by the organization of labor safety engineering.
2. Catalogue of machine types, equipment, materials with strict requirements for labor safety issued by the Ministry of Labor-Trade and Social Affairs.
3. The government stipulated on the conditions of the operation to operate the safety of the labor safety engineering.
What? 148. Labor safety plan, labor sanitation.
Every year, when building plans for manufacturing, business, employers have to plan, the safety of labor, sanitation, and the improvement of labor conditions.
What? 149. Personal protection in labor.
1. The worker who works as a dangerous, toxic agent is fully equipped with a full means of personal protection and must be used in the process of working under the provisions of the Ministry of Labor-Trade and Social Affairs.
2. Personal protection means quality standards.
What? 150. Training for safety, labor and labor.
1. The employer, who works as a worker safety worker, the labor hygiene must attend the training of labor safety training, labor hygiene, inspection, murder, and certificate of certificate, certification due to the organization of labor safety training, sanitation, and security. It ' s a labor force.
2. The employer must organize the training of labor safety, labor hygiene for labourers, apprentiers, apprenties when recruitment and labor arrangements; regulatory guidance on labor safety, labor hygiene for visiting officials, doing business, and doing business in the country. work at the facility within the management range of the employer.
3. Labor workers who do a strict requirement for labor safety, labor hygiene, labor safety training, sanitation, and certification.
4. The Ministry of Labor-Trade and Social Affairs rules on the conditions of the organization of labor safety training, labor sanitation; construction of the training framework program on labor safety, labor hygiene; the portfolio of work required by the Ministry of Labor. It ' s strictly safe labor, labor sanitation.
What? 151. Information about labor safety, labor sanitation.
Employers must be fully informed about the situation of labor accidents, occupational diseases, dangerous factors, harmful and occupational safety measures, labor hygiene in the workplace for workers, and occupational hazard.
What? 152. Healthcare for workers.
1. The employer must be based on the standard health standards for each type of work to recruit and arrange labor.
2. Every year, employers have to organize a recurring health exam for workers, including apprentiants, apprenticons; female workers must be examined in patriology, labourers, labourers, labourers, and people with disabilities. Juvenile labor, elderly workers have to be rediscovered at least once every 06 months.
3. The worker who works in the condition of the risk of occupational illness must be diagnosed with a career under the Department of Health.
4. Labour people who suffer from labor accidents, occupational diseases must be given a medical examiner to rank the disability, determine the degree of labor impairment and treatment, nursing, rehabilitation of the right labor function according to the rule of law.
5. The worker after suffering a labor accident, occupational illness if he continues to work, is set to work in accordance with the health of the Council of Labor Medical examiner's conclusions.
6. The employer must manage the health records of the worker and the record-tracking record under the provisions of the Ministry of Health.
7. The worker who works where there is a cause of infection, infection, when the hours of work must be used by the employer to secure disinfection, disinfection measures.
PRIVATE REGULATIONS FOR FEMALE LABOR
What? 153. State policy for female labor.
1. Secure the right to work equal to female labor.
2. Encouraging employers to facilitate the employment of women to work regularly, to apply extensively to work on a flexible timetable, to work out of time, to work at home.
3. Has a job creation, improving labor conditions, improving career levels, health care, strengthening the physical and mental well-being of female workers in order to help female labor in the efficiency of career competentiability, harmoning harmony and harmony. labor life and family life.
4. There is a tax relief policy on employers who use a variety of female labor under the rule of tax legislation.
5. Expansion of many types of training facilitations for female labour have additional prevarable and consistent characteristics with the body, physiology, and maternal function of women.
6. The state has plans, measures to organize the kindergarten, the kindergarten class where there are many female workers.
What? 154. The obligations of employers to female labor.
1. Make sure gender equality and measures promote gender equality in recruitment, use, training, hours of work, time of rest, wages and other regimes.
2. Attend the opinions of female workers or their representatives when deciding on matters concerning the rights and benefits of women.
3. Make sure to have enough bathroom and sanitary chamber in the workplace.
4. Help, support for building the kindergarten, kindergarten class or part of the cost of sending children, kindergarten for female labor.
What? 155. Child labor protection.
1. The employer is not used to the use of female labor at night, doing overtime and going to work away in the following cases:
a) Pregnancies from July 07 or from the 6th month if working in the highlands, deep regions, remote regions, borders, islands;
b) is raising children under 12 months of age.
2. The female labor worker who works hard on pregnancy since July, is transferred to a lighter or less than 01 hours of daily work that still enjoys enough salary.
3. The employer is not fired or unilever terminated the labor contract for female labor for marriage reasons, pregnancy, maternity leave, raising children under 12 months of age, unless the case of the employer is a dead individual, which is declared by the Court. The loss of civilian behavior, missing or dead or the employer is not an end-of-action.
4. During pregnancy, in the period of pregnancy, when childbirth follows the rule of law on social insurance, raising children under 12 months of age, female labor is not dealt with the discipline of labor.
5. The female labour during the course of the action is taken every 30 minutes; in the age of raising children under 12 months of age, is rested every day 60 minutes during the work period. The rest of the time has to be paid for the labor contract.
What? 156. Unilateral power to end, suspend the labor contract of pregnant woman labor.
Pregnant women's labor if confirmed by the body of the disease, the treatment of the cervix that continues to work will adversely affect the fetus with a unilateral right to end the labor contract or suspend the labor contract. The duration of the female worker must forewarn the employer depending on the deadline due to the basis of the examination, the treatment has the authority to specify.
1. Women ' s Labor is on holiday before and after the birth of the child is 06 months.
In the event of a female worker, the birth of the second child is from the second child, every child, for another 1 months.
The duration of the break before the birth of maximum birth is not more than 2 months.
2. During the time of maternity leave, female labor is entitled to the birth of contracfancies according to the law of social insurance.
3. All the time maternity leave is prescribed at 1 Article, if there is a need, the female labor may take a period of unpaid wages according to the agreement with the employer.
4. Before the expiration of the pregnancy in accordance with this Article 1 Article, if there is a need, there is a confirmation of the medical examination facility, the treatment of having jurisdiction over employment soon is not harmful to the health of the worker and being agreed by the employer, The female worker could return to work when she spent at least four months.
In this case, in addition to the salaries of the working days paid by the employer, the female worker continues to be able to benefit the contracostive under the rule of law on social insurance.
What? 158. Guaranteed employment for child labor.
Female labor is guaranteed to be old when it comes back to work after taking the rest of the time under regulation at paragraph 1 and paragraph 3 157 of this Code; the case of old employment is no longer the employer has to give them another job at a salary. not less than the salary before the maternity leave.
What? 159. A holiday allowance to take care of the ill, the prenup, perform contraception.
The time off when the pregnancy, miscarriage, dredging, abortion, stillbirth, pathological abortion, the exercise of contraception, childcare under the age of 7 years of illness, raising the child under the age of 6 months, female labor is entitled to a social insurance allowance. The law of social insurance.
What? 160. Job not to use female labor.
1. The job has a bad influence on the birth function and adopts children under the category provided by the Ministry of Labor-Trade and Social Affairs in coordination with the Department of Health.
2. Work to immerve yourself regularly underwater.
3. Work regularly under the mine shaft.
SEPARATE REGULATIONS FOR UNJUVENILE LABOR AND SOME OTHER TYPES OF LABOUR.
Item 1
IT ' S A JUVENILE LABOR.
The juvenile worker was under 18 years of age.
What? 162. Use the juvenile labourers.
1. The employer is only used as an unborn worker in the right work of health to ensure the development of fitness, capacity, personality, and the responsibility of caring for the unmarried labourers in terms of labor. Salary, health, education during labor.
2. When using an unjuvenile labourers, employers must set up their own track, record their full name, date of birth, work on the job, the results of periodic health tests and the appearance when the state agency has the authority to fall in love. -No.
What? 163. The principle of using labor is a juvenile.
1. Not to use unjuvenile labor as hard, toxic, dangerous or workplaces work, the work adversely affects their personalities according to the category issued by the Ministry of Labor-Trade and Social Affairs in coordination with the Department of Health enacted.
2. The working time of an unborn worker from age 15 to the age of 18 does not get past 8 hours in 01 days and 40 hours in 01 weeks.
The working hours of the under-15 do n' t get more than four hours in 01 days and 20 hours in 01 weeks and are not used for overtime, working at night.
3. People from age 15 to under the age of 18 are made extra hours, working at night in a number of jobs and work under the provisions of the Ministry of Labor-Trade and Social Affairs.
4. Not to be used as a teenager to produce and business alcohol, alcohol, beer, tobacco, substance effects on morale and other addicants;
5. The employer must create an opportunity for unborn labourers and the under-15-year-old to participate in the study of the culture.
What? 164. Use of labor under the age of 15.
1. The employer is only used to use the person aged 13 to under the age of 15 as a light workable work by the Ministry of Labor-Trade and Social Affairs.
2. When using the person aged 13 to under the age of 15, the employer must follow the following regulation:
a) Must sign a written labour contract with the representative under the law and must be agreed by the consent of the person aged 13 to under the age of 15;
b) The work hours do not affect school hours at the children ' s school;
c) Secure the working conditions, safety of labor, labor hygiene in line with age;
3. Do not use the employer as a person under the age of 13 working except for a number of specific jobs provided by the Ministry of Labor-Trade and Social Affairs.
When using a person under the age of 13 work, the employer is required to comply with the provisions of Article 2.
What? 165. Jobs and jobs that prohibit employers from being a juvenile.
1. Ban the use of unborn people to do the following work:
a) Carry, carry, lift the heavy objects beyond the state of the juvenile;
b) Production, use or transport of chemicals, gas, explosives;
c) Maintenance, equipment maintenance, machinery;
d) To destroy construction works;
Cook, blow, cast, handle, hang, welding metal;
) Diving the sea, and catching fish afar off;
g) Other work is detrimental to the health, safety or morality of the juvenile.
2. Ban on the use of minors working in the following places:
a) Under the water, underground, in caves, in the tunnels;
b) The construction site;
c) The basis for the slaughter of cattle;
d) Casino, bar, dance hall, karaoke room, hotel, motel, sauna, massage room;
Where other jobs are detrimental to the health, safety and morality of the juvenile.
3. Ministry of Labor-Trade and Social Affairs rules the category at point g 1 and point 2 This Article.
Item 2
THE ELDERLY WORKER
What? 166. The elderly worker.
1. The elderly worker is the person who continues to work after the prescribed age at Article 187 of this Code.
2. The elderly worker is shortened to the time of daily work or is applied to the non-full-time work regime.
3. The last year before the retirement, workers were shortened to the time of normal work or were to apply for a non-full-time job.
What? 167. Use the elderly worker.
1. When there is a need, employers can make a deal with the elderly worker who has enough health to extend the contract extension or contract new labor contracts under the provisions at Chapter III of this Code.
2. When retired, if working under a new labor contract, in addition to the right of retirement, the elderly worker still enjoys the right to have the deal under contract.
3. Not to use elderly workers to do heavy, toxic, dangerous jobs that adversely affect the health of elderly workers, except for special circumstances under the government regulation.
4. The employer is responsible for caring for the health of elderly workers at work.
Section 3
THE VIETNAMESE WORKER WENT TO WORK ABROAD, WORKING FOR THE INSTITUTIONS,
FOREIGN INDIVIDUALS IN VIETNAM, LABOUR ARE FOREIGNERS. OUTSIDE OF WORK IN VIETNAM
What? 168. Vietnamese workers go to work abroad, labor for organizations, foreign individuals in Vietnam, and Vietnam.
1. The state encourages businesses, agencies, organizations, individuals seeking and expanding the labor market to bring Vietnamese workers to work abroad.
Vietnamese workers who work abroad must obey the provisions of the Vietnamese law, the law of the country, except for the case of the international treaty that Vietnam is another regulated member.
2. Vietnamese citizens who work in foreign businesses in Vietnam, in the industrial zone, the economic zone and the manufacturing sector, in agencies, foreign or international organizations in Vietnam or work for the individual are foreign nationals in Vietnam. must obey the Vietnamese law and be protected by law.
What? 169. The condition of the labor is foreign citizens working in Vietnam.
1. Labor is a foreign citizen working in Vietnam to have enough of the following conditions:
a) There is a full power of the people;
b) There is a professional, skilled, and health level consistent with the work requirement;
c) Not the offender or be prosecuted for criminal responsibility in accordance with the provisions of the Vietnamese law and foreign law;
d) There is a labor permit issued by the state authority of the Republic of Vietnam, except for the prescribed cases at Article 172 of this Code.
2. Labor is a foreign citizen who works in Vietnam to comply with Vietnamese labor law, the international convention that Vietnam is a different regulated member and is protected by the Vietnamese law.
What? 170. The employment conditions are foreign citizens.
1. Businesses, agencies, organizations, individuals, contractors in the country are only employed to be employed as foreign citizens in management, managing directors, professionals, and technical labor that Vietnamese labour has not yet met in accordance with the demand for production, Business.
2. Businesses, agencies, organizations, individuals, foreign contractors before recruiting workers are foreign citizens working on Vietnam territory that must address the need to use labor and be approved by the written approval of the state agency that is available in the United States. The authority.
What? 171. The labor permit for labour is foreign citizens working in Vietnam to work abroad.
1. The employer is a foreign citizen who must submit a labor permit when making the procedure relevant to the appearance, entry, and appearance at the request of the competent state agency.
2. Foreign citizens working in Vietnam without a permit to be expelled from Vietnam by government regulation.
3. The employer uses foreign citizens without a permit to work for themselves, which is processed under the rule of law.
What? 172. Foreign nationals working in Vietnam are not part of the employment license level.
1. As a contributing member or owner of a limited liability company.
2. As a member of the board of directors of the holding company.
3. As Head of the Representative Office, the international organization's project, the NGO in Vietnam.
4. Into Vietnam with a period of less than 3 months to make a service salute.
5. Into Vietnam with a period of less than 3 months to handle incidents, technical situations, complex technologies that arise as an influence or risk affecting production, business that Vietnamese experts and foreign experts are currently in Vietnam. I can't handle it.
6. A foreign lawyer has been granted a law practice in Vietnam under the provisions of the Law of Law.
7. As defined by the International Convention that the Socialist Republic of Vietnam is a member.
8. As students, students studying in Vietnam work in Vietnam but employers have to report back to 7 days with the state governing body of provincial labor.
9. Other cases according to the Government ' s regulations.
What? 173. The duration of the labor permit
The duration of the maximum employment permit is 2 years.
What? 174. The cases of work permit run out of force.
1. Labor license expires.
2. End of Labor contract.
3. The content of the labor contract is not true to the contents of the work permit that has been granted.
4. Contract in the field of economics, commerce, finance, banking, insurance, technical science, culture, sports, education, health care, expiration or termination.
5. There is a notice of foreign notice of foreign nationals who work in Vietnam.
6. The labor permit is revoked.
7. Enterprise, organization, Vietnamese counterpart or foreign non-governmental organization in Vietnam cease operations.
8. The labourers are foreign nationals who are fined for imprisonment, dead or sentenced to death by the Court of death, missing.
What? 175. Level, level, recovery permit.
The government regulated the specific conditions, the granting, the resupply, the recovery of the labor permit for labour being foreign nationals working in Vietnam.
Section 4
LABOR IS A DISABILITY.
What? 176. State policy for labour is the person with disabilities.
1. The state that promotes labor rights, self-creation of employment as a disability, has a policy of encouraging and favours employers to create jobs and to receive labor as people with disabilities to work, as defined by the Law of Disabled Persons.
2. The government regulates the policy of preferable capital loans from the National Fund for employment to employers using labor as a disability.
What? 177. Use of labor is a disability.
1. The employer must guarantee the labor conditions, labor tools, labor safety, labor hygiene in accordance with the person with disabilities and regularly taking care of their health.
2. The employer must consult Labour as a handicapped person when deciding on issues related to their rights and interests.
What? 178. The behaviors are prohibited when using labor as a disability.
1. Use of labor as people with disabilities to decline labor capacity from 51% to overtime, working at night.
2. Use of labour as people with disabilities doing heavy, toxic, dangerous or exposed work with toxic substances under the category provided by the Ministry of Labor-Trade and Social Affairs in coordination with the Department of Health enacted.
Section 5
LABOR IS THE ONE WHO HELPS THE FAMILY.
What? 179. Labor is the one who helps the family.
1. Labor is the person who helps the family as labourers who regularly do work in the family of one or more households.
Family jobs include housework, housemanagement, childcare, patient care, elderly care, driving, gardening, and other jobs for households, but not commercial activities.
2. The person who works to help the family in the form of a business is not subject to the applicable subject of this Code.
What? 180. The labor contract for labor is the one helping the family.
1. The employer must sign a written labor contract with the help of the family.
2. The duration of the labor contract for labour is the person who helps the family due to the two sides of the agreement. One side had the unilateral power to end the labour contract whenever it was but had to be reported before 15 days.
3. Two parties to the agreement, which is clear in the labor contract on the form of pay, the pay term, the daily working hours, the accommodation.
What? 181. Employers ' obligations
1. Full implementation of the agreed agreement in the labor contract.
2. Pay for the help of the family of social insurance, health insurance according to the rule of law for workers to take care of the insurance.
3. Respect the honor, the dignity of the family to the family.
4. The location of the dining room, the cleaners, the lavage for the family help, if there is a deal.
5. Create an opportunity for the family to be involved in cultural education, apprentiing.
6. Pay the car train to the road when the family helps the family return to the residence, unless the family helps the family end the labor contract ahead of the deadline.
What? 182. The duty of labor is to help your family.
1. Make the full agreement that the two sides have signed on in the labor contract.
2. Must be compensated by the agreement or by the rule of law if it breaks down, losing the property of the employer.
3. Messages in time with employers on the potential, risk of accidents, threats to safety, health, lives, property of the family of employers and themselves.
4. The prosecution with the agency has jurisdiction if employers have abusive behaviour, sexual harassment, forced labor or other acts that violate the law.
What? 183. The behaviors are strictly forbidden to employers.
1. mistreatship, sexual harassment, forced labor, use of force on labor as a household help.
2. Deal with the family helping the family do not follow the labor contract.
3. Keep the worker ' s identity papers.
Section 6
SOME OTHER WORKERS.
What? 184. Workers work in the field of art, sport and sport.
The skilled worker or job in the field of art, sport gymnastics is applied to a number of appropriate modes of vocational age; on labor contracting; in time of work, time of rest; on salaries, salaries, bonuses, and safety. It ' s the government ' s regulations.
What? 185. The labourers take the job at home.
1. The worker can make a deal with the employer to get the job done regularly at home.
2. The worker who works at home in a public form is not subject to the applicable subject of this Code.
SOCIAL INSURANCE
What? 186. Engaging in social insurance, health insurance.
1. The employer, the worker must participate in compulsory social insurance, compulsory health insurance, unemployment insurance and the enjoyment of the regime by law on social insurance and the law on health insurance.
Encouraging employers, workers perform other forms of social insurance for workers.
2. During the time the labourers take on the enjoyment of social insurance, the employer does not have to pay the worker salaries.
3. For workers who are not subject to compulsory social insurance, mandatory health insurance, unemployment insurance, in addition to job payers, employers are liable to pay more at the same time as the person ' s paycheck. labour a sum of money for workers equivalent to the level of social insurance, compulsory health insurance, unemployment insurance, and the prescribed annual holiday money.
1. The worker reassures the conditions of the time of social security under the law of social insurance that is entitled to pension benefits when men are 60 years old, women are 55 years old.
2. The labourers are impaired in the ability of labor; working particularly hard, toxic, dangerous; working hard work, harmful, dangerous; working in the highlands, deep regions, remote regions, borders, and the islands of the Government-appointed government may rest. Retirement age is lower than the rule of one thing.
3. The worker with a high degree of technical expertise, the worker who works as a manager and some other special cases may retire at a higher age but no more than 05 years from the rule of one Article.
4. The government regulates 2 and 3 of this.
THE UNION.
What? 188. The role of the union organization in labor relations
1. The grassroots union performs a representative role, protecting the right and legitimate interests, the legitimate union of the union crew, the worker; participation, negotiation, signing and overseeing the implementation of the collective labor agreement, salaries, payroll, labor levels, and employment. dynamic, payroll, reward, labor, labor, organizational, organizational, organizational, organizational, organizational, organization, organization, organization, organization, organization; participation, cooperation, cooperation with employers to build stable, stable, progressive labor. at the business, agency, organization.
2. Direct-Level unions directly responsible for supporting the basis of the basis of functions, the statutory duty at one Article; the declaration of education, raising the knowledge of labor law, the law of the union to the labourers.
3. In places that have not established a grassroots union, the company directly operates the basis of responsibility as stipulated at this one Article.
4. The union organization is involved with the state governing body of the same level and the organization representing the employer for exchange, addressing labor issues.
What? 189. Founded, join and operate the union at the business, agency, organization.
1. The worker who works in the business, agency, organization has the right to establish, join and operate the union under the provisions of the union law.
2. Trade unions on the basis of power and advocacy of workers joining the union, the establishment of the grassroots union at the business, agency, organization; have the right to require employers and the state governing body for local labor to create a business. condition and support of the establishment of the grassroots union.
3. When the grassroots union is established in accordance with the rules of the union law the employer must acknowledge and facilitate the operational base union.
What? 190. The acts are strictly prohibited for employers in relation to the establishment, accession and union activities of the United States.
1. Cuts, causing difficulties for the establishment, accession and union activities of the labourers.
2. Force the worker to establish, join and operate the union.
3. Ask the workers to not participate or leave the union organization.
4. Discrimination on wages, hours of work and other rights and obligations in labor relations to impede the establishment, accession and union activities of the labourers.
What? 191. The rights of the grassroots union officers in labor relations
1. Meet the employer for dialogue, exchange, negotiation on labor issues and use of labor.
2. Get to the workplaces to meet workers within the range of responsibility that you represent.
3. Places that have not yet established the grassroots union, the public-level union officer on the basis of the basis of regulation powers at this.
What? 192. The responsibility of the employer to the union organization.
1. Create favourable conditions for the established labourers, join and operate the union.
2. Coordinate and facilitate the company's company on the basis of propaganda, advocacy of the company, the establishment of the grassroots union, the deployment of the company's company, the agency, the organization.
3. Secure the conditions for the grassroots union to operate under the provisions at Article 193 of this Code.
4. Coordinate with the construction facility union and implementation of the democratic process, the coordination of coordination of operations in accordance with the function, the duty of each side.
5. Attend to the Executive Committee on the basis of the basis prior to the promulgation of regulations relating to rights, obligations, policy regimes for workers.
6. When the worker is a non-professional corporate officer who is in a union term that expires, the contract extension is extended to the end of the term.
7. When a single employer terminally terminated the labor contract, transferred to another job, the dismissal discipline to the worker is not in charge of the non-professional union that must deal with a written agreement with the Executive Committee or Board of Approval. It's a direct-on-the-base.
In the uncompromising case, the two sides must report to the agency, the organization has jurisdiction. After 30 days, since the day of the press release to the state governing body of local labour, the employer has the right to decide and must take responsibility for his decision.
The case is not unanimous with the decision of the employer, the Executive Committee of the Company and the worker has the right to demand the resolve of the procedure in accordance with the procedure, the order of the law stipulated.
What? 193. Secure corporate activities at the business, agency, organization, and business.
1. The base union is employed by the employer of the workplace and is provided with information, ensuring the necessary conditions for the union operation.
2. The union officer is not in charge of using time during work hours to operate the union under the rules of the union law and is paid by the employer.
3. The Corporate Officer in charge at the business, agency, organization due to the pay union, is employed by the employer to ensure collective welfare as labourers working in the business, agency, organization under collective labor agreement or the rule of law. of the employer.
RESOLVE THE LABOR DISPUTE
Item 1
THE GENERAL PROVISIONS OF THE LABOR DISPUTE SETTLEMENT
What? 194. The principle of resolving the labor dispute
1. Respect, guarantee that the parties to negotiate, decide in the resolve of the labor dispute.
2. Make sure to make reconciliation, arbitration on the basis of respect for the rights and interests of the two sides of the dispute, respect the common interests of society, not the law.
3. Public, transparent, objective, timely, quick and legally correct.
4. Secure the participation of the parties in the process of resolving the labor dispute.
5. The previous settlement of the labor dispute must be negotiated by the two parties directly to reconcile the interests of the two sides of the dispute, stability of production, business, order guarantees and social safety.
6. The settlement of the labor dispute due to the agency, the organization, the individual with the authority to resolve the labor dispute proceed after one of the two parties has a required application due to one of the two parties refusing to negotiate, negotiate but not become or negotiate. But one of the two sides did not.
What? 195. The responsibility of the agency, the organization, the individual in the labor dispute resolution
1. The state governing body of labour is responsible for coordinating with the union organization, the organization representing the employer facilitation, support, and the help of the parties in the settlement of the labor dispute.
2. Ministry of Labor-Trade and Social Affairs organizes training, raising the professional capacity of the labour league, the referee of labour in the settlement of the labor dispute.
3. The state agency has the authority to proactively, promptly conduct a settlement of the collective labor dispute over the right.
What? 196. The rights and obligations of the two parties in the labor dispute resolution
1. In the labor dispute resolution, the two sides have the following right:
a) Direct or through representation to participate in the settlement process;
b) Withdraw or change the required content;
c) The requirement to change the person to resolve the labor dispute if there is a reason that the person may not be unintanable or unobjectively.
2. In the labor dispute resolution, the two sides have the following obligation:
a) The full supply, timely documentation, evidence to prove to your request;
b) Accused the agreed agreement, the verdict, the decision to have the legal effect.
What? 197. The authority of the agency, the organization, the individual has the authority to resolve the labor dispute.
The agency, the organization, the individual has the authority to resolve the labor dispute within the scope of the mission, its powers have the right to ask the two sides of the dispute, the agency, the organization, the relevant individual providing documents, evidence, the judging panel, inviting people to do. And the person involved.
1. The labor league is administered by the state governing body of labour, county, town, and the city of the province to reconcile labor disputes and disputes over vocational training contracts.
2. The government stipulated the standard, the authority to appoint the labour league.
1. The chairman of the Provincial People ' s Committee decided to form the Labour Arbitration Council. The Council of Labor arbitration consists of the Chairman of the Council as the head of the state governing body of labor, the Council's secretary, and its members as the provincial union representative, the employer representing the employer. The number of members of the arbitration Council is odd number and no more than 07.
In the case of necessity, the Chairman of the Board of Labor referees may invite the agency, the relevant organization, who has experience in the field of local labor relations.
2. The arbitration council conducts mediation of the following collective labor disputes:
a) The collective labor dispute for the benefit;
b) The collective labor dispute occurs in the labor-use units that are not suspended under the Government prescribed by the Government.
3. Labor arbitration council decides to follow the majority by a closed ballot form.
4. The Provincial People ' s Committee guarantees the necessary conditions for the operation of the Labour arbitration Council.
Item 2
THE AUTHORITY AND THE SEQUENCE RESOLVE THE INDIVIDUAL LABOR DISPUTE.
What? 200. Agency, the individual has the authority to resolve the individual labor dispute.
1. The labor league.
2. People ' s Court.
What? 201. The procedure, the reconciliation procedure of the individual labor dispute of the labor league.
1. The individual labor dispute must pass the mediation procedure of the labour-class reconciliation before the court's request to resolve, except the following labor disputes are not required to pass through the mediation procedure:
a) On the treatment of labor discipline in the form of layup or dispute over the case of a unilateral termination of labor contract;
b) On damages, subsidies upon termination of labor contracts;
c) Between the person who helps the family with the employer;
d) On social insurance by the rule of law on social insurance, on health insurance in accordance with the laws of health insurance legislation.
In compensation for the labor of the worker, the career unit brought workers to work overseas under contract.
2. During the 5-day period of work, since the date of receiving a request for reconciliation, the labor league reconciliation must end the mediation.
3. At the mediation session there must be two sides of the dispute. The disputes may mandate others to participate in the mediation session.
The labor league is responsible for guiding the negotiation parties. In case of the two-party agreement, the Labour-based contract was dissolved.
Where the two parties are not agreed, the interviewer gives a reconciliation of the two sides to consider. In the case of the two parties accepting the reconciliation process, the Labour National League was dissolved.
The two-party case did not accept a reconciliation or a dispute that was legally convened to the second time without legitimate reasons, and the reconciliation of the contract was not established.
The text contains the signatures of the dispute with the presence and reconciliation of the workers.
The dissolution of the dissolved boundary or unresolved reconciliation must be sent to the two sides of the dispute over the 1 day period of work, since the date of the border.
4. In the event of an informed reconciliation or one of the two parties not to implement agreements in the reconciliation of the city or expiration of the settlement period stipulated in paragraph 2 Article which the Labour league does not conduct reconciliation, each party. The dispute has the right to ask the Court to settle.
What? 202. The time of the request for a personal labor dispute resolution
1. The time of the request for the reconciliation of the individual worker to reconcile the individual labor dispute is 6 months, since the day of the discovery that each party disputes the rights, the legitimate interests of which are violated.
2. The Court of Appeals requires the Court to settle a personal labor dispute for 1 year, since the day of the discovery that each party disputes the rights, the legitimate interests of which are violated.
Section 3
THE AUTHORITY AND THE SEQUENCE RESOLVE THE COLLECTIVE LABOR DISPUTE.
What? 203. The agency, the organization, the individual has the authority to resolve the collective labor dispute.
1. Agency, organization, individuals with authority to resolve collective labor disputes over the right to include:
a) Peace of the labourers;
b) Chairman of the committee of the district, county, town, provincial city (later called the Chairman of the District People's Committee).
c) The People's Court.
2. Agency, organization, individuals who have the authority to resolve collective labor disputes on benefits including:
a) Peace of the labourers;
b) The arbitration council.
What? 204. The sequence of the collective labor dispute resolution at the facility
1. The dissolution of the collective labor dispute is carried out by regulation at Article 201 of this Code. The reconciliation process must specify a type of collective labor dispute.
2. In the event of an informed reconciliation or one of the two parties that does not implement the agreements in the receipt of the settlement, it is in accordance with the following regulation:
a) For the collective labor dispute over the right of the parties with the right to ask the Chairman of the District People's Committee to resolve;
b) For the collective labor dispute on the interests of the parties with the right to ask the Council arbiter to resolve.
3. In the case of the expiration of the settlement under regulation at paragraph 2 Article 201 of this Code that the labour league does not conduct mediation, the parties have the right to submit a petition asking the Chairperson of the committee to grant the District People's Committee to resolve.
For a period of 2 working days, since receiving a request to resolve the collective labor dispute the Chairperson of the District People's Committee is responsible for determining the type of dispute over rights or benefits.
In the case of a collective labor dispute, the decision to proceed with regulation at the point of a paragraph 2 of this and Article 205 of the Code.
In the case of a collective labor dispute, the guidelines on the sides require the dispute resolution as specified at the point b 2 This.
What? 205. Resolve the collective labor dispute on the rights of the Chairman of the District People ' s Committee
1. During the 5-day period of work, since the date received a petition to resolve the collective labor dispute over the right, the Chairman of the District People's Committee must proceed to resolve the labor dispute.
2. At the Labour dispute resolution session must have a representative of the two sides of the dispute. In case of necessity, the Chairman of the Committee of the People's Committee invited the agency, the organization involved in the session.
The Chairman of the Committee of the People's Committee is based on labor law, collective labor agreement, labor-based labour, and regulations, other legal agreements to review the settlement of the labor dispute.
3. In the case of parties that do not agree with the decision of the Chairman of the District People 's Committee or too long term that the Chairman of the District People' s Committee does not address then the parties have the right to ask the Court to resolve.
What? 206. Addressing the collective labor dispute on the benefits of the Labour Board of arbitration
1. In the course of the 7 working days, since the date of the receiving application is resolved, the Council of Labor referees must end the mediation.
2. At the session of the Labour arbitration Council must have the representation of the two sides of the dispute. In case of necessity, the Board of Arbitration is invited to represent the agency, the organization, the individual who is involved in the session.
The labor arbitration board is responsible for supporting the self-negotiated parties, where the two parties are not negotiable, the Council of Labor arbitration gives the two sides to review.
In the event of a two-party agreement which is agreed to or accept the mediation, the Council of the arbitration for the Council of Labor and the Council of the Arbitration for the Reconciliation of the Committee of the Agreement shall be decided to recognize the agreement of the parties.
Whether the two parties did not make a deal or a dispute had been given valid for the second time without legitimate reasons, the Board of Arbitration for the Reconciliation of the Agreement was not established.
The receipt has the signatures of the parties present, of the President and the Secretary of the General Board of Labor.
The dissolution of the dissolved boundary or unresolved reconciliation must be sent to the two sides of the dispute over the 1 day period of work, since the date of the border.
3. After a 5-day period, since the day of the Labour arbitration Council establishing the dissolved border into which one of the parties does not implement the agreed agreement, the collective labour has the right to conduct procedures for strike.
In the event that the Council of Arbitration for the Arbitration of the Reconciliation did not succeed, after a period of 3 days, the collective labour had the right to conduct procedures for strike.
What? 207. The time of the request to resolve the collective labor dispute over power
The title of a collective labor dispute resolution of the right is 1 year from the date of the discovery that each party disputes the rights and interests of his legal rights violated.
What? 208. Ban unilateral action while the collective labor dispute is being resolved.
When the collective labor dispute is being held, the organization, the individual who has jurisdiction over the statute of limitations under the rule of the Code, is not on the other side.
Section 4
STRIKE AND RESCUE
1. The strike is the temporary, voluntary and organized cessation of the labor collective in order to achieve the requirement in the process of resolving the labor dispute.
2. The suspension is conducted only for collective labor disputes in terms of benefits and after the specified deadline at paragraph 3 Article 206 of this Code.
What? 210. Organization and leadership
1. In the place of the establishment of the grassroots union, the strike must be held by the Executive Board of the Organisor and Leadership Company.
2. Where there has been no grassroots union organization, the public strike is organised by the organization of unions on the organization and the leadership at the recommendation of the worker.
1. Take the labor collective opinion.
2. The decision to strike.
3. Strike the strike.
What? 212. The procedure for collective labor.
1. For the collective labor organization, the grassroots organization takes the opinion of the member of the Board of the Executive Corps and the organization of the production nests. Where there is no corporate organization, it takes the initiative of the organization of the producers or of the labourers.
2. The organization takes the opinion that can make a vote or a signature.
3. Content that takes the opinion to strike includes:
a) The method of the Corps Executive Committee on Regulatory Content at the points b, c and d paragraph 2 Article 213 of this Code;
b) The opinion of the worker agrees or does not agree to strike.
4. Time, the form takes the opinion to strike due to the decision of the corporation to decide and must inform the employer to know before at least 1 days.
What? 213. Announcement of the start of the strike.
1. When more than 50% of the people were accepted to agree with the plan of the Executive Committee, the Board of Public Executions decided to strike the strike in writing.
2. The decision to strike must have the following content:
a) The result of a strike;
b) The timing of the strike, the venue of the strike;
c) The scope of the strike;
d) The requirements of the labour collective;
The name of the representative of the Board of the Union and the address to the settlement.
3. At least 5 working days before the start of the strike, the Corps Executive Board sends a decision to strike the employer, while sending 01 copies to the state governing body for provincial labor, 1 for provincial unions.
4. By the time of the start of the strike, if the employer does not accept the request of the labour collective ' s request, the Board of the Organizational Union and the leadership of the strike strike.
What? 214. The rights of the front and in the process of strike
1. Continue the agreement to resolve the content of collective labor disputes or to recommend the state governing body for labor, union organization, and representative organization of employers in the provincial level conducting reconciliation.
2. The union granted the right to the following:
a) Withdraw the decision to strike if it has not yet strike or terminate the strike if it is on strike;
b) The Court to declare the strike is legal.
3. The employer has the following right:
a) Accept of all or part of the requirements and written notice to the Board of Organizational Union, the leader of the strike;
b) Close the temporary closure of the work during the strike period due to ineligible maintenance to maintain normal operation or to protect the property;
c) The Court to declare the strike is illegal.
What? 215. Illegal strike cases.
1. Not to arise from the collective labor dispute in terms of benefits.
2. The organization for workers who are not working for a successful employer.
3. When the collective labor dispute has not been or is being committed, the organization, the individual addressed by the regulation of this Code.
4. Progress in the business is not suspended under the category of Government specified by the Government.
5. When it was decided to postpone or stop the strike.
What? 216. Announcing the decision to close the work temporarily
At least 03 days of working before the temporary closure of the workplace, employers must publicly list the decision to close the temporary closure of the workplace and inform the following agencies:
1. Organisitfully organizing committee, strike leadership;
2. Provincial unions;
3. Human representation of employers;
4. The state governing body for provincial labor;
5. The District People's Committee is based.
What? 217. The case is prohibited from temporary closure.
1. Before 12 hours from the start of the strike strike in the strike decision.
2. After the labor collective stopped the strike.
What? 218. Wages and other legal rights of the labourers during the strike.
1. The worker does not join the strike but has to stop due to the reason of the strike, which is paid off by provisions at paragraph 2 Article 98 of this Code and other rights under the law of labour law.
2. The labourers join the unpaid strike and other rights according to the rule of law, unless the two parties have other agreements.
What? 219. The behavior is prohibited first, during and after the strike
1. Cimpede the exercise of the right to strike or incisor, enticing, coercive the labourers to strike; impede the worker not to take part in the work.
2. Use the violence; destroy the machine, device, property of the employer.
3. Order in order, public safety.
4. End of labor contract or labor discipline treatment for workers, the leader of the strike strike or the worker ' s mobiles, the leader of the strike to do other jobs, go to work elsewhere for the reason to prepare or participate in the work. strike.
5. Strike, retaliate against the strike workers, the leader of the strike.
6. Use the strike to carry out another violation of law.
What? 220. The case is not suspended.
1. Not a strike in the unit of employment that is essential to the national economy where the strike can threaten security, defence, health, public order, under the name of the Government.
2. The state governing body must periodically organize listening to the opinions of the labourers and employers to promptly help and address the main requirements of the collective labour.
What? 221. Decision to postpone, suspension.
When the strike was found to be at risk of serious damage to the nation's economy, public interest, the chairman of the Provincial People's Committee decided to postpone or stop the strike and hand over to the state agency, the organization had the authority to resolve.
The government provides for the postponderation or cessation of strikes and the resolve of the rights of the collective labour.
What? 222. Handling the strike is not the same, the procedure.
1. The chairman of the Provincial People 's Committee issued a decision to declare the strike breach of the sequence, procedure and announcement immediately to the Chairman of the District People' s Committee when the organization and leadership of the strike failed to comply with regulation at Article 212 and Article 213 of the ministry. This law.
2. In the 12-hour period, since receiving the announcement of the Chairman of the Provincial People ' s Committee, the Chairman of the Committee of the District Population presiding, in coordination with the state governing body of labor, the company of the same level and the agencies, the organization is directly involved. meet with the employer and the Executive Corps Executive Board or the superior union to hear the opinions and support the parties to the settlement, bringing business production back to normal.
Section 5
COURT OF LEGAL REVIEW OF THE STRIKE
What? 223. Ask the Court to review the legalization of the strike
1. During the strike or for the 3-month period, since the end of the strike, each side has the right to file a petition to the Court to ask for the legitimacy of the strike.
2. The required application must have the following main content:
a) The day, the month, the year of making a request;
b) The name of the Court of the Recipient;
c) Name, address of the requested party;
d) Name, address of the organization leadership of the strike;
The name, the address of the employer where the labourers strike;
e) Content requires the Court to resolve;
g) The other information that the party requires is needed for the settlement.
3. The request must submit to the order of copies of the decision to strike, decide or compile the mediation of the agency, the organization with the authority to resolve the collective labor dispute, the document, the evidence that is relevant to the legal review of the strike. Yeah.
What? 224. The procedure to submit a petition requires the Court to review the legalization of the strike
The procedure to submit applications, applications, obligations to provide documents, evidence to the trial and decision on the legalization of the strike at the Tribunal is done similar to the procedure of the application, the application, the obligation to provide documents, evidence at the Tribunal by statute. It's the Civil Code.
What? 225. The Court of Justice of the United States.
1. The Provincial People ' s Court where the strike strikes the legal jurisdiction of the strike.
2. The Supreme People ' s Court has the authority to resolve the complaint to the decision on the legalization of the strike.
What? 226. The council component of the legal review of the strike.
1. The legal review of the strike consists of three Judges.
2. The council resolved the complaint to the decision on the legalization of the three-judge strike by the Chief Justice of the Supreme People ' s Court.
3. The change of the judge is a member of the legal review of the strike made under the provisions of the Civil Procedal Code.
What? 227. The procedure of addressing the application requires the legitimacy of the strike.
1. Shortly after receiving the request, the Chief Justice of the Provincial People ' s Court decided to set up the Legitimate Review Council of the strike and assigned a Judge presiding over the settlement of the request.
2. During the 5-day period of work, since the date of the request, the judge is assigned to presiding over the required settlement of the decision making the legal review of the strike review. The decision to open the legal review session of the strike must be sent immediately to the Corps Executive Committee, the employer and the agency, the organization involved.
3. During the 5-day period of work, since the decision was made to review the legalization of the strike, the Board of Legal review of the strike must open a legal review session of the strike.
What? 228. Suspension of the legal review of the strike
The court suspended the legal review of the strike in the following cases:
1. The request to withdraw the request;
2. The two sides agreed to be together on the strike settlement and the order required the Court not to resolve;
3. The person with a petition has been given a valid summons to the second time that is still absent.
What? 229. Participants of the legal review session of the strike strike.
1. The council for the legal review of the strike was chaired by the presiding judge; the Secretariat of the Court wrote the session.
2. The representative of the labor collective and the employer.
3. Representative of the agencies, held at the request of the Court.
What? 230. Delay the legal review session of the strike
1. The judge is assigned to presiding over the legal review session of the strike or the legal review of the strike on the decision to postpone the legal review session of the strike similar to the stipulation of the trial adjourn by statute. The law of civil justice.
2. The deadline to postpone the legal review session of the strike is not over 3 working days.
What? 231. The order of the session to review the legitimacy of the strike.
1. Host the legal review session of the strike announced the decision to open the legal review session of the strike and summarate the required application content.
2. The representative of the labor collective and of the employer presenting his opinion.
3. Host the legal review session of the strike may require the agency representative, the organization to participate in the session presentation session.
4. The legal review committee of the strike deliberation and the decision by a majority.
What? 232. The decision on the legitimacy of the strike
1. The Court ' s decision on the legalization of the strike must state the reason and the base to conclude the legitimacy of the strike.
The Court's decision on the legalization of the strike must be published publicly in court and sent immediately to the Corps Executive Committee and the employer, the Institute for Human Examination of the same level. The employer, the employer is responsible for the decision to enforce the court's decision but has the right to complain according to the procedure prescribed by the Code.
2. After the court ' s decision on the legalization of the strike was announced, if the strike was illegal, the worker was in the strike to cease immediately and return to work.
1. When a decision made by the Tribunal for the strike was illegal that the labourers did not cease to strike, not to return to work, then depending on the level of violations that could be dealt with the labor discipline under the law of labour law.
In the event that the strike is illegal that damages the employer, the public leadership union must pay damages in accordance with the rule of law.
2. The advantage of the strike strike the loss of public order, damaging the machine, equipment, property of the employer; the person who has the act of obstruct the execution of the right to strike, incisor, enticing, forcing the worker to strike; the person with the act of fighting, An enemy participant, the leader of the strike, is subject to a degree of violation, which may be subject to administrative breach or in search of criminal responsibility; if the damage is caused by the law.
What? 234. The sequence, the procedure of resolving the complaint decided on the legitimacy of the strike.
1. In the 15-day period, since the date received the decision on the legalization of the strike, the Corps Executive Board, the employer has the right to submit a complaint to the Supreme People ' s Court.
2. Shortly after receiving a complaint of the decision on the legalization of the strike, the Supreme People ' s Court must have the text asking the Court to review the legalization of the strike to move the case file to review, resolve.
3. During the 3-day period of work, since the date of receiving the requested text, the Court has made a decision on the legalization of the strike to move the case to the Supreme People's Court for consideration, settlement.
4. During the 5-day period of work, since the date received the legal review of the strike, the Council resolved the complaint to the decision on the legalization of the strike.
The decision of the Supreme People's Court was the final decision on the legitimacy of the strike.
STATE MANAGEMENT OF LABOR
What? 235. State management content on labor
State management of labor includes the following principal content:
1. Board and organization implementing the law of the law of labour;
2. Watch, statistics, provide information on the supply and labor supply movement; policy decisions, planning, human resources planning, vocational training, vocational skills development, construction of national vocational framework, distribution and use of labor and employment. A whole society. The practice of catalog of occupations used by employers through vocational training or having a national skill certificate;
3. Organization and conduct scientific research on labor, statistics, labor and labor market information, on the level of living, income of the worker; and how to do so.
4. Building the mechanisms, the mechanism that supports the development of harmonable, stable and progressive labor relations;
5. Inspector, test, resolve the complaint, denounce and process the violation of the law on labor; the settlement of labor disputes under the rule of law;
6. International cooperation on labor.
What? 236. The authority to administer the state of labor
1. The United Government governs the state of labor in the country ' s scope.
2. Ministry of Labor-Trade and Social Affairs is responsible to the Government to implement state management of labor.
The ministry, the peer-to-body body, is responsible for implementing and coordinating with the Ministry of Labor-Trade and Social Affairs in state management of labor.
3. People ' s Committee of the Level of Governing Enforcement of the State of Labor in its own local domain.
LABOR INSPECTOR, VIOLATION OF LABOR LAW
What? 237. State Inspector of Labor mission
Inspector of the Ministry of Labour-Trade and Social Affairs, Inspectoring of the Department of Labor-Trade and Social Affairs have the following key tasks:
1. Inspector of the Executive Act of Labour;
2. Investigation of labor accidents and labor safety violations, labor hygiene; and more.
3. Participate in the direction of applying the standard system, technical regulation of labor conditions, labor safety, labor hygiene; and more.
4. Resolve the complaint, denouncing labor under the rule of law;
5. Handled by the authority and petiitor of the competent authorities to handle the violations of the law on labor.
What? 238. The Inspector of Labor.
1. Inspector of the Ministry of Labour-Trade and Social Affairs, Inspecer of the Department of Labor-Trade and Society performs specialized inspector general function on labor.
2. The safety inspection of labor, sanitation in the fields: radiation, exploration, oil and gas extraction, railway transport vehicles, waterways, roads, air lines and armed forces units led by state administration agencies. It ' s about that field with the coordination of professional inspectors on labor.
What? 239. Processing violations in the labor sector
A person whose behavior violates the provisions of this Code, the degree of violation, the degree of violation, which is subject to disciplinary action, sanctipated the administrative breach or the prosecution for criminal responsibility; if the damage is caused by the law.
EXECUTION CLAUSE
What? 240. The validity of the Labor Code
1. This Code is in effect from 1 May 2013.
The Labor Code dated June 23, 1994, the Law amended, complements certain provisions of the Code of Labor. 35 /2002/QH10, The amended law, which adds some of the Code of Labor Code No. 74 /2006/QH11 and the Amendment Law, which complements some of the Code of Labor Code No. 84 /2007/QH11 All the force since the day this Code is effective.
2. Since the day the Code has enforced effect:
a) The labor contracts, collective labor agreements, other legal agreements that have committed and the more beneficial agreements for the workers than the provisions of the Code are continued; the agreements do not conform to the regulation of the Ministry of Justice. the law must be amended, added;
b) Regulations on the time of the degree of the regime at birth at the Digital Insurance Law 71 /2006/QH11 is done by the rules of this Code.
The female worker reties before the day the Code is in effect, which until 1 May 2013 is still in the time of statutory child vacation at the Digital Insurance Law. 71 /2006/QH11 You know, the time of the birth of your birth is done by the rules of this Code.
3. Labor regime for cadres, civil officials, officials, people of the people ' s military, public security, social organization and other cooperative society provided by other laws of law, but depending on the subject, it is applicable to certain regulations. in this Code. The government issued a specific salary policy to apply to the cadres, civil officials, officials, the people of the people's army, the citizens of the people.
What? 241. Effect on the use of less than 10 workers
Employers who use under 10 workers must implement the provisions of this Code, but are reduced, as long as a number of standards and procedures under the Government's provisions.
What? 242. Detailed rules and execution guidelines
The government, the authorities with the authority to regulate the details, guidelines for the implementation of the provisions, the paragraph assigned in the Code.
The order was held by the National Assembly of the Socialist Republic of Vietnam XIII, the third session through June 18, 2012.
President of Congress. |
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(signed) |
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Nguyen Gung Xiong |
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