The DECREE of the COUNCIL of MINISTERS regulates in detail the implementation of the labor contracts Ordinance of the COUNCIL of MINISTERS pursuant to the law the Council of Ministers held on July 4, 1981;
The base contract labour Ordinance published on August 30, 1990;
According to the recommendation of the Minister of labor, invalids and Social Affairs.
DECREE: I-GENERAL PROVISIONS article 1.
1. Object and scope of the labor contract according to article 2 of the Ordinance shall be as follows: a) employees, not counting the people's servants, working in State-owned economic units, Defense enterprises and economic units of the people's armed forces;
b) employees working for enterprises in the economic sectors, individuals, households;
c) employees, not counting those who are public servants of the State, worked in the Office of the State at the Central, provincial, district level;
d) Vietnam laborers working for individuals, organizations, foreign body in Vietnam, except the enterprises invested abroad apply Decree 233-dated June 22, 1990 by the Council of Ministers.
2. Object and scope does not apply labour contracts: a) servants as stipulated in Decree No. 169-dated 25 May 1991 of the Council of Ministers;
b) Who was appointed Director, Chief Accountant and a number of others are paid from the State budget (medical personnel, teachers, ...) in the State-owned economic units;
c) who belonged to the people's armed forces: the regular Forces, police, security. People who work in certain occupations or in particular geographical areas by the Ministry of Defense, Ministry of Interior instructions have the agreement of the Ministry of labor, invalids and Social Affairs;
d) who work in the Communist Party organ, the people's Union, social organization under separate regulations.
Article 2. -Content of the labor contract according to article 5 of the Ordinance are specified as follows: 1. The terms and conditions required by law include the working hours and rest time; labor safety and hygiene labour; social insurance.
2. The terms of the agreement must necessarily have: to-do's, qualifications, rank with the technical requirements of the work;
Wages or salaries corresponding to the work to be done;
Time to start work, the duration of a trial and the duration of the employment contract (if any);
Work location defined.
3. other agreements more beneficial for workers.
Article 3. -Forms of labour contracts under article 6 of the Ordinance are specified as follows: 1. labor contracts in writing apply to the employment contract with unspecified term, term from 1 year upwards, with workers under 15 years and with people who do the hard work , toxic, dangerous.
2. Delivery of the contract orally or in writing apply to the labor contract according to a certain work, seasonal, the service has a time limit of under 1 year.
Article 4. -Employment contract is not in effect according to article 8 of the Ordinance are specified and processed as follows: 1. the party concluding labor contracts have no legal capacity or competence acts like insane people, who are suffering prejudice to criminal, who was sentenced to prison or gets the courts declared punishment forbidden to do old jobs , people under the age of 15 without the consent of the parent or legal representative and the case prescribed in clause 1 article 8 of Ordinance.
2. When the labour inspectors concluded the employment contract does not effect the entire contract must be cancelled.
3. When the labour inspectors concluded the employment contract does not effect each part then the two sides agreed that in the employment contract.
4. Labor contracts be void from the moment of contract labour is.
II-CONTRACTS of LABOUR article 5. -The responsibilities of each side when labor contracts.
1. Workers regarding work orally or by application and the number of employees (if any).
2. The employers inform workers about job, health requirements, skilled ... public money, safety and sanitary conditions of labor, labor regulations and other benefits to which workers are entitled.
Article 6. -The conduct of contracts under article 9 of the Ordinance shall be as follows: 1. Labor contracts are signed directly between the employee or authorized person with individual employees or with the representative for a group of employees but must be accompanied by a list of name , age, occupation, residential address and signature of each person. If oral employment contract, employers delivered direct to each worker.
2. Workers have the right to enter one or more of the labor contract with one or more people with the condition employers must ensure the full implementation of the labor contract was delivered.
Article 7. -The type of employment contract according to article 11 of the Ordinance shall be as follows: 1. Employment contract with unspecified term is not a fixed term contract before the contract and may end any time prescribed by law.
2. Labor contracts with the term defined as the contract term from 1 year upwards to be posited in advance in the labor contract.
3. the labor contract according to a certain work, seasonal, service contract has a time limit of under 1 year.
Article 8. -The parties to labour contracts under article 12 of the Ordinance shall be as follows: 1. The employer must be the head or the legal representative of a legal entity or business owner in the economic component.
The case of the employer's household or individual must have legal residence, able to guarantee the wages and working conditions for workers.
2. Workers who are citizens of Vietnam from 15 years old enough, capable labor. If under 15 years of age must be the consent of the father, mother or legal representative.
Article 9. -Do try under article 13 of Ordinance stipulates as follows: 1. the time period: a) The simple job, less than 5 days.
b) complex tasks of management, technical, professional time not exceeding 30 days.
2. Expired trial the employer must inform the results do try, if not to announce the contract nonetheless continue in effect; the test case has a private contract, then the contract try that was converted into a labour contract.
3. the Money in the time trial at least equal to 70% of the wage level of the job.
Article 10. -Labour contracts in force under article 14 of the Ordinance shall be as follows: employment contract is valid from the date of signing by the two parties to the agreement or the date.
Since the labor contract in effect, workers not to work, then the employer has the right to cancel the contract (except in special cases). In contrast, the employers do not arrange jobs for workers, they must pay the wages (salary) the day laborers are not arranged work under article 18 of this Decree.
Article 11. -Shared labour under article 15 are defined as follows: 1. the Labor Record Book of the change in employment of workers is a basic certificate to contact workers find jobs and is the basis for resolving the policy mode.
2. labor Book gives the objects prescribed in clause 1 article 1 of this Decree; Yet the object of labor contracts is a certain job and according to the season, the service has a time limit of under 1 year or oral contracts.
3. labor Book by the Ministry of labor, invalids and social publishing and unified management in the country.
III-implementation, CHANGE, SUSPEND and TERMINATE LABOR CONTRACT article 12. -Temporary workers transfer to other work or do other work under article 18 of the Ordinance shall be as follows: 1. Due to production needs, the employer must transfer the worker to work in other places or other work than 30 days in one year (incremental) it must have the agreement of the worker. Case of non-agreement employees, employers are not moved. If workers have to stop work due to the fault of the employer shall be entitled to stop the mode according to the provisions in clause 1 of this Decree 18 Thing.
2. Due to natural disaster, fire, sudden problem doing business or to apply measures to prevent labor accidents, occupational diseases, forced to temporarily transfer employees, when things move too labor 90 days in a year (incremental); If employees do not agree that they should wait for the then entitled stop the mode specified in item 2 Article 17 of this Decree.
The case of the employers do not make the stop mode according to clause 1, 2 article 12 above labour reserves the termination of the employment contract.
3. When the employer temporarily transferred employees specified in khản 1, paragraph 2 Article 18 of the Ordinance which the employee does not enjoy executive remuneration and salaries in time and the employer has the right to unilaterally terminate the employment contract.
Article 13. -Employment contract be postponed under clause 2, article 19 paragraph 4 of the Ordinance stipulates as follows: 1. Employees enforce these mandates by law such as performing the duties of the deputies, deputies to the people's Council, made the people's assessors, participated in the Organization of elections , testified before the Court; the military exercise, the task of the trade union officers, emergency missions when disasters occur.
2. The case due to the two parties to the agreement: workers would go to school in or outside the country; go to work overseas has a time limit; Please do not break enjoy remuneration and salaries.
The case of deferment under article 19 of the Ordinance and article 13 of this Decree, the workers when the expiry or expiry of deferment has the right to return the Unit continued to implement the labor contract was delivered. The employer is responsible for arranging the old jobs, if job others are new labor contracts; If workers have to wait for the break, then enjoy the stop mode according to the provisions of article 18 of this decree or to terminate the labor contract according to the provisions of article 22 of the Ordinance.
Article 14. -In the event of termination of employment contract according to article 21, article 22 and article 24 of the Ordinance on employment contract the parties must notice in paper or orally according to the prescribed time limit, as follows: 1. With respect to term employment contract does not specify, a minimum of 45 days.
2. For the duration of the contract determined from 1 years or more, a minimum of 30 days.
3. With regard to the labour contract term from 3 months to 1 year, is 5 days.
4. With regard to the labour contract duration under 3 months is 1 day.
The time limit for the said notice from the date of receiving the notice paper for the signing of the contract by written or oral notice to the delivery contract orally.
Article 15. -The employee has the right to unilaterally terminate the contract before the deadline according to the points c and d, item 2 article 21 of Ordinance are specified as follows: 1. the employers Who mistreated workers: has the behaviour offended the dignity of workers.
2. no worker exposure conditions made the contract because of the following reasons: a) themselves or families move to in another local resident;
Allowed to foreign settlers.
b) Must take care of spouses, parents, children with sickness 3 consecutive months.
Article 16. -The employer has the right to unilaterally terminate the labour contract under art. Article 22 of the Ordinance shall be as follows: 1. Depending on the type of employment contract, the labor continuously from 1 to 3 may not complete the task under labor contracts have committed the fault yourself.
2. Order the Italian 3 days in a month (incremental), 10 days in 1 year (incremental) without good reason.
Article 17. -Compensation and benefits employees are entitled to upon the termination of the labour contract under article 23, 25 of the Ordinance shall be as follows: 1. If the two parties agreed to terminate the labor contract according to article 23 of the Ordinance, the workers are entitled to the benefits under the provisions of article 19 of this Decree.
2. The employers to terminate the employment contract contrary to the provisions of articles 21, 22, 23, of Ordinance and article 10 of this Decree, which cause damage to the workers compensation as follows: a) workers suffer damage due to loss of job, the employer must compensate workers once in 3 months wages salary and salary allowance,; If workers sickened by injury as specified in point c of Article 22 of the Ordinance, the compensation doubles. In addition the employer have to retrenchment and solve other benefits for workers as defined in article 19 of this Decree;
b) compensation in the said paragraph 1 and article 25 of the Ordinance shall be calculated according to the level of wages, salary and salary allowance (if any) at the time of termination of the employment contract or before the workers were sick, injured.
Article 18. -Stop the subsidies according to item 2 article 25 of the Ordinance shall be as follows: 1. Stop the fault of the employer, then the employer must pay the subsidies stopped by wage, salary and salary allowance to which employees are entitled to at the time of the stoppage.
2. Stop working due to natural disaster, fire, sudden breakdowns in production or to adopt measures to prevent accidents, occupational disease, the worker is entitled to stop the subsidies by at least 70% of the wages, salaries, salary allowance are entitled at the time of the stoppage.
3. Stop the fault of the workers, the workers not to support cease work and may have to compensate damage to the employer under the mode of material responsibility by State regulations.
Article 19. -The workers are entitled to retrenchment and other benefits according to item 2 article 25 of the Ordinance on labour contracts are defined as follows: 1. Workers are retrenchment by 1/2, the wages or salary and salary allowance (if applicable) for every year worked with the employer with respect to the cases of termination of employment contracts as required in clause 5 article 20; points a, b, c paragraph 2 article 21; d, paragraph 1 Article 22 of the Ordinance and article 12 clause 1, 2; item 2 article 17 of this Decree. For the case of termination of the employment contract as defined in point c paragraph 1 to article 22 of the Ordinance and article 27 paragraph 1 of this Decree, the subsidized workers and a half fold the extent mentioned above; If workers from 45 years for men, from 40 years of age for girls that have worked continually on 5 years with the employers, the workers also are at least 2 more subsidies, wages or salary and salary allowance (if any).
2. for cases of termination of employment contract according to a certain work, seasonal, the service has a time limit of 3 months to under 1 year in the cases mentioned in clause 1 of this article, the subsidized workers 1 month the wages or salary and salary allowance (if any).
3. Retrenchment is calculated on the basis of the level of remuneration of wage subsidies wage prescribed in clause 2 article 17 of this Decree and be charged directly 1 times for workers. In addition to subsidies is calculated, workers have to work on the 1 year also granted money (fees, luggage and eat sugar) for yourself about to place of residence according to the current mode.
4. The aforementioned subsidies by employers who pay retrieved from the Reserve Fund of the unit. This Fund was established from the profits of the unit. The Ministry of finance in cooperation with the Ministry of labor, invalids and Social Affairs guide the establishment and use of funds.
5. In all cases of termination of employment contract employees also enjoy social insurance benefits under the provisions of the State.
Article 20. -The responsibilities of each party when terminating labor contract according to article 26 of the Ordinance shall be as follows: 1. The employers pay back for workers of labor papers and records or certification necessary at the request of the employee; the payment of the wages, retrenchment, compensation and other benefits to employees (if any).
2. Workers return to the labor profile user documentation, tools, vehicles have to be equipped to do the work, pay the debts (if any).
3. At the latest within 7 days from the date of termination of the employment contract, the two sides should complete responsibility. Private time limit payment of compensation or the debts (if any) within 30 days.
IV-LABOUR DISPUTES and HANDLE INFRINGEMENT of article 21. -The agencies to resolve the labor dispute.
1. The Council of reconciliation at the grassroots workers are responsible to reconcile disputes between employers and employees. Member of the party Council employers and Trade Union Executive Committee sent out (if any) or elected by labour collective are equal in number. The number of Board members depends on the number of employees working at the base. Each side routinely send representatives as Chairman and Secretary to the Council of each session. The term reconciliation Council according to the term of the Executive Board of the Union base.
2. the labour arbitration Council consisting of: a labor arbitration board) province, central cities;
The Arbitration Council districts if it deems necessary.
b) Labor Arbitration Council.
The Arbitration Council in each level by the agency workers the same level founded and served as President. The arbitration board components include the labor agency representatives, Union representatives and representatives of the employers equal quantities. List of the members of the Board of arbitration by people's committees of the medical standards as proposed by the labor Agency the same level; The Council elected a Member Secretary.
The labour arbitration Council granted only to resolve the labor dispute after days of labor conciliation Council in base or unnamed labor conciliation Council. The Mission of the labour arbitration board granted by the Ministry of labor, invalids and social regulations.
Article 22. -Labour arbitration board in the base are responsible for receiving petitions, resolving the labor dispute according to rules and procedures within 15 days of receiving the petition.
The Council invited the two Parties projected Privy meeting to hear their opinion, if either party is absent without good reason, the session of the Council is still in progress, if the absence there is reason then postponed the session. If litigants do not agree to the conclusions of the Council, the two parties litigant has the right to appeal within 10 days after the Board has concluded; Reconciliation Council is responsible for transferring the whole profile of the dispute to the labour arbitration Council supervisor within 5 days of receiving the complaint.
Article 23. -The labour arbitration Council is responsible for conducting the arbitration under the rules and procedures to resolve within 30 days from the date of the record of labour dispute conciliation Labor Council. Complex dispute cases shall be extended to resolve another 10 days, but to have the decision of the President of the Council of labor arbitration submitted to the two parties involved.
After investigating, researching the job, labor arbitration board directly mediate and settle with the two parties involved. If the parties do not agree with the decision of the Arbitration Board shall have the right to complain to the labour arbitration Council.
Article 24. -The decision of the labour arbitration board or conciliation Board thereon reconciliation work in the facility are executed within 10 days from the date the party receives the decision or minutes. If the decision or the minutes are not the voluntary party is turning to the labor dispute to trial courts (except in cases of litigants complain of the labour arbitration decision within the time limit it).
V-terms of the IMPLEMENTATION of article 25.
1. The labour contract was committed before the Ordinance takes effect labor contracts if there is inappropriate content in whole or in part with the Ordinance must then cancel to the latest within three months from the date of this Decree in effect enforce agreements or supplements.
2. All employees working for organizations or individuals in the economic sectors, must make the labor contracts.
Article 26. -This Decree shall take effect from the day of promulgation. This Decree replaces Decree No. 24-CP on March 13, 1963, circular No. 184-TTg dated 16 July 1974, decision No. 217-dated November 14, 1987, of Decree No. 27-28 dated 9 March 1988. Other documents of the Council of Ministers left with this Decree are repealed.
Article 27. -Minister of labor, invalids and Social Affairs is responsible for guiding the implementation of this Decree.
Article 28. The Secretary of the Ministry, the Chairman of the State Committee, the heads of other bodies in the Council of Ministers, Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.