Circular 12/2011/tt-Bldtbxh: Guidelines For Implementation Of The General Minimum Wage For Limited Liability Company A Member Owned By The State

Original Language Title: Thông tư 12/2011/TT-BLĐTBXH: Hướng dẫn thực hiện mức lương tối thiểu chung đối với công ty trách nhiệm hữu hạn một thành viên do Nhà nước làm chủ sở hữu

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CIRCULAR Guide made the general minimum wage for limited liability company a member owned by the State _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 22/2010/ND-CP on January 4, 2011 by the Government of the general minimum wage regulations;
Pursuant to Decree No. 186/2007/ND-CP on December 25, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of labor, invalids and Social Affairs;
The Ministry of labor, invalids and Social Affairs guidelines the general minimum wage for limited liability company a member owned by the State as follows: article 1. The scope and subjects of application employees working under labor contracts; members of the Council members (or President of the company), Comptroller, Director General, Director, Deputy Director, Deputy Director, Chief Accountant (not including the ceo, Executive Director, Deputy Director, Deputy Director, Chief Accountant working under contract) in the limited liability company a member owned by the State , including: 1. limited liability company a member of the people's Committee, the province, the central cities.
2. limited liability company a member of the Corporation, the parent company of the Corporation, the economic group led by the Prime Minister and the Ministry, Chairman of the provincial people's Committee, the central cities decided to convert, to approve the Charter organization activities.
3. limited liability company a member of the corporations, by the corporations, the Prime Minister, the Ministry, the Chairman of the provincial people's Committee, the central cities decided to create, convert and approved the Charter organization activities.
Limited liability company in a Member State by the owner of the work prescribed in clause 1, 2 and 3 above hereinafter referred to as the company.
Article 2. Apply common minimum wage for the calculation of the salary.
The company applies the general minimum wage 830,000/month to calculate the salary, wage allowance rates from January 2011 are as follows: 1. Pursuant to general minimum wage and salary multiplier in the salary scale, payroll and salary allowances stipulated in Decree No. 205/2004/ND-CP , Decree No. 204/2004/ND-CP on December 14, 2004, the company computer back salary, salary allowance as the basis of the close, affected the mode of social insurance, unemployment insurance, medical insurance; stop the salary; holidays vacation; annual vacation and other modes according to the provisions of the labour law.
2. The calculation of the salary scale, salary payroll and salary allowances are as follows: take the wage coefficient under career titles rank, job; wage coefficient professional service; wage coefficient was ranked position, salary, allowance difference reserve (if any) with the general minimum wage 830,000/month.
Article 3. The general minimum wage applies to computer support, the company applied the general minimum wage 830,000/month to calculate the subsidy for redundant workers under Decree No. 91/2010/ND-CP dated 20 August 2010 the Government's policies toward workers redundant when rearranging limited liability company a member owned by the State as follows: 1. Computer support, job loss, more support for working time in public sector from January 2011 onwards and find jobs for redundant workers perform the termination of labor contracts, support, job loss, additional support as prescribed in clause 4 , Article 3 and article 4 of Decree 93/2010/ND-CP on August 20, 2010.
When making the subsidies, additional support mentioned above, the company adds the columns correspond to the actual work in the public sector and computer support, the job loss number 9, 9a and 10 of Schedule attached to circular No. 38/2009/TT-BLDTBXH dated 24 December 2010 of the Ministry of labor, invalids and Social Affairs.
2. Calculate the extra subsidies from January 2011 onwards for redundant workers in an earlier retirement age as defined in point b of paragraph 2, article 3 of Decree 93/2010/ND-CP on August 20, 2010.
Article 4. The general minimum wage applies to calculate the salary in some companies, other organizations 1. The parent company-State economic group in the time not yet built up a wage ladder system, payroll as stipulated in Decree No. 101/2009/ND-CP on November 5, 2009 the Government established, organization, operation and management of State economic Corporation, the State company has not transformed into a limited liability company membership Deposit insurance, Vietnam, Vietnam Development Bank and other organizations, units are currently applying the salary mode of State companies, as from January 1st, 2011 based on the general minimum wage 830,000/month to revise the level of pay in the salary scale, salary table salary and stipend rates, the subsidized regime of workers under the provisions of this circular; continue to apply the system of salary adjustments increase more than the general minimum wage in order to determine unit cost of salary, salary Fund of the Board (or Board members), ceo (Director), including: a) If guaranteed the conditions specified in article 4 of Decree 206/2004/ND-CP on December 14, 2004 of the Government and point b , clause 1, item III circular No. 07/2005/TT-BLDTBXH dated October 5, 2005 of the Ministry of labor, invalids and Social Affairs, the application of the adjustment coefficient increased by not more than 1.1 times the general minimum wage;
b) case of ensuring the conditions specified in article 4 of Decree 206/2004/ND-CP, point b, paragraph 1, item III circular No. 07/2005/TT-BLDTBXH dated October 5, 2005 of the Ministry of labor, invalids and Social Affairs and has the plan higher than profits from 5% or more in comparison with the profit made by five adjacent before applying the adjustment factor of increased maximum no more than 1.7 times the general minimum wage.
2. for management of investment projects in construction (except for project management in construction investment limited liability company a member owned by the State) was established under the provisions of Decree No. 51/1999/ND-CP of July 8, 1999, Decree No. 16/2005/ND-CP of July 8, 2005 , Decree No. 112/2006/ND-CP on September 29, 2006 by the Government and currently under Decree No. 12/2009/ND-CP on December 2, 2009 on the management of government investment project construction, depending on the scale, nature and importance of each of the works and the potential cost savings the adjustment coefficient to be applied to increase more than the general minimum wage as a basis for setting salaries, funds guaranteed not to increase the cost of management of project management according to the following principles: a) for the management of national important project or project construction investment in the Group A regulations in Appendix 1 attached to Decree No. 12/2009/ND-CP stated on the applicable adjustment factor of increased add no more than 1.7 times the general minimum wage.
b) with respect to the management of investment projects in construction in Group B and Group C regulations in Appendix 1 attached to Decree No. 12/2009/ND-CP stated on the applicable adjustment factor of increased no more than 1.1 times the general minimum wage.
3. for joint stock companies and limited liability company, two members are transformed from State-owned companies or limited liability companies a member owned by the State are to apply salary scale, payroll and salary allowances regime prescribed by the State for State companies in Decree No. 205/2004/ND-CP , Decree No. 204/2004/ND-CP on December 14, 2004 of the Government, the general minimum wage applies the provisions of article 1 of Decree 22/2010/ND-CP on January 4, 2011 by the Government to revise the wage, a wage scale in wage allowances, payroll, salary allowance as a base encapsulation , social insurance, unemployment insurance, medical insurance; stop the salary, vacation holidays, annual vacation and other regimes for employees in accordance with labor law.
Article 5. Terms of implementation 1. This circular effect since January 15, 2011. Abolish circular No. 03/2009/TT-BLDTBXH on 07 April 2010 of the Ministry of labor, invalids and Social Affairs guidelines the general minimum wage for State companies and limited liability companies in a Member State by the owner of 100% of the capital.
2. The level of wages in the salary scale system, payroll, salary and allowance levels the allowances regime of the objects specified in this circular, from January 5, 2011 by 830,000 general minimum wage/month.
3. When implementing the general minimum wage specified in this circular, the level of money spent for a meal between ca computer according to the working day in the month for a worker in the company, organization, unit rules article 1 and paragraph 1, paragraph 2 article 4 this circular does not exceed 620,000 VND/month. Implementing the diet between ca according to the instructions in circular No. 03/2008/TT-BLDTBXH DATED October 15, 2008 by the Ministry of labor, invalids and Social Affairs Guide made the diet between ca in State companies.
4. The ministries, ministerial agencies, government agencies, provincial people's Committee, the central cities, Chairman of the Board of directors or President of the company, the Chairman of the Board of the parent company in State economic Corporation and the State Corporation responsible for directing the test, urging the company to comply to the provisions of this circular.
In the process if there are obstacles, the proposal reflects on the Ministry of labour, invalids and Social Affairs to timely additional instructions./.