Circular 01/ld-War Valids: A Guide To Implementing Decision 217-Hđbt Of The Council Of Minister Of Labour-Salary And Social

Original Language Title: Thông tư 01/LĐ-TBXH: Hướng dẫn thực hiện Quyết định 217-HĐBT của Hội đồng Bộ trưởng về lao động - tiền lương và xã hội

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CIRCULAR of the MINISTRY of labour INVALIDS and SOCIAL Affairs MINISTRY No. 01/9 October 1988 GUIDELINES DECISION 217/HĐBT of the COUNCIL of MINISTERS of LABOUR, WAGES and SOCIAL AFFAIRS pursuant to part VIII of labour – salary and the social rules of the innovation policy and planning business accounting for the Socialist state followed Enterprise decision No. 217, dated 14-11-1987 of the Council of Ministers, the Ministry of labor, invalids and Social Affairs guide as follows: I-mode CONTRACT (article 47) from now on, State enterprises make the transition gradually step by step recruitment mode on State payrolls to contract labour.
-For the number of new recruits workers from now on (including students graduating from universities, colleges, secondary vocational schools, professional and managerial staff) are made to the labor contract mode.
-For employees working in enterprises under the old labor contract mode or temporarily, now also needs companies to use the signing and implementation of the labor contract regimes herewith.
-With respect to officials in the current payroll, enterprise based on the specific conditions that make the transition to each person, each department or whole (except the Director, Deputy Director, Chief Accountant) to labor contracts.
Cases 2 and 3, be incremental to previous work time.
1-content of the employment contract labour contract is the agreement in writing between the directors of enterprises and workers, the rights and obligations of nursery rhymes on the responsibilities and powers of the 2 sides in the labor process by the Director and the employee signed the form attached to this circular. In the contract, workers committed to completing the work was concluded in the contract about the quantity and the quality of regulation, Executive labour discipline, rules and industrial, process safety and other regulations of the enterprises; Director enterprise committed to ensuring the conditions necessary for the workers to get the job done has signed in the contract, ensure occupational safety, labour hygiene, labor protection mode and other modes, policies of the State for the workers.
2-form of labour contract depending on the nature of business-production, the Director of the factory and employees agreement signed under the form of labour contract:-no contract duration, apply to the long-term, stable jobs require workers to have your level , technical expertise, skill and the experience accrued during labor. This contract form is mainly done for those who have been through the training schools, or the traditional trades (not through classroom training) have the technical and skilled that enterprises demand.
-Duration employment contract applicable to the work to determine the completion time from 1 year to 5 years.
As for the two forms of contract labour on this annual, Director of enterprise and labour ngươì reviewing the implementation of the contract agreement to the continuation or termination of the contract.
-The contract laborers, according to the under 1 year.
3-standard workers signed labor contracts-Have citizenship, voluntary work.
-Have suitably qualified with the work of the enterprises.
-Have enough health and from age 18.
Prohibiting employers under 18 do the slog, malware can affect the development of power and position; the other work, enterprises can use workers under 18 years of age, but must be agreed upon by the thuạn of the people's Committee of the district level where the closed factory.
4-the procedure of signing labor contracts-before signing the employment contract, Director of responsible enterprise: + introduction for workers to understand the content and work requirements would do; the cases could diverted temporarily to the other, the other place, the term of the contract, labor conditions, process safety, discipline and labor rules and enterprises; the level of wages and salaries, compensation forms; the other mode policy that employees enjoy.
+ Check out the health, occupational level, organizations do try. Time do try not to exceed 30 days. Time do try not to exceed 30 days. Public money in time do try by directors and employees agreed.
-Employees are responsible for applying paper companies; a résumé is, Ward people's Committee communes of residence certificate; the health certificate; diploma or certificate of the cultural level, expertise. For people who have had labor book, only submitted to the paper factory employment and health certificate.
-Labour contracts are concluded according to the prescribed form signed by the two sides, make two copies, keep a factory Director, workers keep a.
5-policy regimes for employees working under labor contracts regimen:

a) employees working under employment contract term and no labor contract term from 1 year and older are entitled to the salary regime, bonuses, allowances, subsidies, labor protection, social insurance, collective welfare, are buying food ... was rewarded , to raise the wage level, canvas, vacation year, vacation work, study ... According to the regime for State employees. Granted the labour book as a base to implement the policy, the regime for workers. In retirement or the loss of labour power is carried the time working in the Agency, State enterprise before that for the calculation of social insurance benefits (except as specified in point 4 of section III in this circular).
b) workers employed in the form of the contract according to the service, according to the under 1 year are entitled to:-public money because the two parties to the agreement, but the level of remuneration not lower than the State's minimum wage regulations.
-The basis for the calculation of the level of remuneration including salary, rank, salary allowance: price difference of living by region (if any) as employees; social insurance and other surcharges, the salary level of the allowance and the State to be determined; the difference in price is determined on the basis of the price guarantee business local business excluding prices calculated in payroll. Social insurance and other surcharges are calculated from 25% to 30% of salary level. If paid by public money, this product divided by the yield limit or time limit to determine the unit price paid. Public money be accounted into the product.
-In addition to public money, workers also enjoy the bonus mode, fostering mode ca 3, eat between ca, allowances, overtime, night nourishing self-distribution in-kind (if available). Responsible enterprise, equipped with tools for working and personal protection for workers. Upon the termination of the contract, workers must pay back the factory fitted for granted. If workers self-sufficiency the fitted on the payment factory wear and tear due to the two parties to the agreement.
II-a SELECTION of workers (ARTICLES 45, 46).
1-time plans, enterprises based on production-business and labor norms, standards intended to determine labor demand. On that basis, identifying enterprise needs additional workers and plans to recruit more workers 3 form of employment contract. The plan to recruit more workers with complete planning approach has been stipulated in article 4 of the regulations attached to decision No. 217, dated 14-11-1987 of the Council of Ministers to provincial people's Committee, the city, the district directly (through the Department of labor, invalids and Social Affairs) where closed source guide Enterprise recruiting and scheduling balances the needs essential for workers. After one month from the receipt of the report of the plan, if the Committee did not answer the enterprises made the selection as labour haọch has reported. Selection results, enterprises must report to the provincial people's Committee, the city, the district directly (through the Department of labor, invalids and Social Affairs) to settle the rights of workers such as household registration, food, food ...
In the period of the plan, if any unscheduled tasks need more workers in the form of contract laborers, according to the.
2-follow the instructions of local authorities about the labor recruiting, selection or direct companies contracting with the agency workers recruited under the requirements of the enterprise. The enterprises have the right to refuse to accept the people who do the branches and levels including the labor agency referral to, if that person is not eligible or not enterprise needs. Before adding workers, enterprises need a listed number and standards to the labor collective of the factory know and when concluding labor contracts in the form of labour contract expiry and term from 1 year and older need the opinions of the Board.
About the area of selection, the labourer, the local Pashtuns are mainly; case of need of technical labour; skilled workers, professionals and the local profession that does not meet then industrial are recruited from elsewhere to. The factory closed in the northern mountain province, the Highlands, the new national pharmaceutical economic spouses, their children in other provinces to including agriculture.
On the subject, standard base, the recruitment companies according to the following order:-Who are working under labour contracts in enterprises.
-People in from elsewhere to adjust to.
-Graduated from the training school, grade school graduates training in the enterprises, labor cooperation with foreign countries has completed the task.
-The workers in the enterprises.
-Other ordinary workers.
The objects on the selected priority first wounded soldiers are also capable workers, spouses, children of martyrs or of heavy casualties; the family of the revolution; the guards, youth volunteer has completed the task.
Particularly for labour in the city or town shall pay attention who haven't registered employment job placement requirements.

3-enterprises must constantly change geographical activities such as construction, transport, geology ... when moving a division of labour to work in other places outside of the closed companies, enterprises must report to the people's Committee, the city, the District of Columbia (through the Department of labor, invalids and Social Affairs) on the number and duration of the to balance the Committee the essential needs for workers. When moving, the enterprises are putting technical labour; longer labourer then recruited on the spot, spot the case does not meet the new companies, bringing the economy to labour.
Local responsibility to solve all the modes for employees of enterprises such as household registration, selling food shelter, food, consumer goods for employees and members of their families (if any) after the full move elsewhere to.
III-RETRENCHMENT and the TERMINATION of the CONTRACT (article 48, 49) 1-Executive Director enterprise has the right for workers in retrenchment or terminate labor contract for those working under the labour contract mode when a breach in the following cases, but not yet to the point of being enforced discipline dismissal , or are prejudice criminal liability: a. do not complete tasks by itself causes, has prompted yet re-offending.
b. stealing Socialist property has the education does not repair.
c. workers arbitrarily quit in enterprises of 3 days in 1 month (incremental), 10 days in 1 year (incremental) with no reason.
d. do not comply with the rules of the factory was causing damage to the production and life of workers. Not accept orders to factories, Director if the maneuver that is reasonable and is recognized by the collective.
e. serious breach of other provisions in the employment contract has been signed.
The case is shrinking production, enterprises must find means jobs for workers, the case is not resolved then the job or terminated labor contracts and employees enjoy the mode in point 4 below: Directors of not for retrenchment or terminate labor contract in the case of employees being treated or in nursing the hospital and sanatorium; who are pregnant and are on maternity.
2-the workers have the right to recommend the retrenchment or employees working under labor contracts regimen has the power to recommend termination of the contract before the deadline in the following cases: a. the need to change the place of work when work does not match the capacity and health.
b. When was the professional technical school learning ... without due election factory.
c. When true family situation too difficult.
d. When enterprises of serious breach of the terms signed in the contract.
3. When the Director for retrenchment or suggested workers resign or terminate labor contract, this party must report by paper for the other party knew for at least 30 days for labor contract expiry and has a time limit; at least 7 days for contract laborers, according to the under 1 year from the date of receiving the paper.
Before the Director decided to give employees severance or termination of the contract must obtain the opinion of the Trade Union Committee of the enterprise. Châp Union Executive Committee case has not agreed, the Director has the power and the responsibility for his decision.
4. When a decision to stop work or terminate the contract, workers were once subsidies are as follows:-For 1 year of subsidized work 1 month salary including allowances and compensation reviews (if available), purchased 13 kg of food per month for 6 months by price guarantee to business and business to be compensated the difference compared to the price already included in salaries (due to billing companies) If workers stop work or terminate the contract due to shrinking production or dissolution of the enterprises and of cases specified in point 2 of section III above.
-1 year of subsidized work 1/2 month salary, including allowances and compensation reviews (if available), purchased 13 kg of food per month for 6 months by price guarantee to business and business to be compensated the difference compared to the price already included in salaries (due to billing companies), if workers stop work or terminate the contract in the cases specified in point I section III above.
-Be granted money to ship the vehicle, the luggage fee and food go the way for yourself and your family (if there are accompanying family) on to the Inn shelter according to the current mode.
People eat according to buying food for 6 months according to the standards and be compensated price (if any) to a person, the person eating by other pension settlement difficulties under the current regime.
Those who have enjoyed the subsidized regime once said if return to work in the State Enterprise Agency, shall not be carried to the previous working time for the calculation of social insurance.
The case of termination of the employment contract this place to continue working where others are incremental to previous work time and not be entitled to retrenchment.

5. Workers have the right to complain when their rights were violated under the Ordinance regulating the review and resolution of complaints, accusations of citizens by the State Council promulgated on 27-11-1981 and Decree No. 58, dated 29 March 1982 of the Council of Ministers passed the Ordinance. The resolution of the labor dispute in case of dismissal is still executed by decision No. 13, dated 14 January 1985 by the Council of Ministers and circular No. 02/TT-LN day 2-10-1985 interdisciplinary's people's Court, people's Procuratorate, the Ministry of Justice, Ministry of labour, the General Department of vocational training.
6. Employees working in enterprises, when was doing his military service shall be postponed to the labor contract signed; After completing his service return, then continued working in the garment factories.
IV-LƯONG MONEY and INCOME (article 50) 1-Executive Director enterprise has the right to use the funds to pay salaries, bonus pay for workers in enterprises: a determined salary Fund) corresponding to the volume of product produced and the price plan period (costs) salaries in the product. The unit cost in salary identified products the lift base salary, payroll, regime due to state regulations and norms of labour were identified and closely. The unit cost of salary to be adjusted when there is labour norms change or change the elements to be included in the unit price and salary situation of price fluctuations in each period. The method of determining the level of labor, wages, unit price before the eyes follow the guidance in circular No. 09/TT-LB 22-2-1986 Ministry of Labor-Union's State Planning Committee.
b) reward Fund include:-the prize money was taken from the sources of profits of enterprises (primary production, profits, save on consumable supplies, apply scientific and technological progress, improving the quality of the product. ...)-bonus to encourage the production of export goods.
-Bonus products are competent authorities granted the quality mark.
-Bonus from superior authorities.
-Bonus from your unit due to the implementation of economic contracts.
-The current bonus mode if available.
c) salaries and bonus Fund to fund the rest of the previous period.
2-on the basis of the wage fund were determined as above, the Director of the enterprises have the right to actively choose the form of pay (time wage, salary, wages, securities products) and pay accordingly for each collective or individual workers in the factory are rankings, raising wages for workers to match the standard of the technical ranks of workers , professional standards of production and demand under decentralized management officers of the upper level directly; the salary is decided according to the current mode for workers when made temporarily to do other work; be reasonable adjustments recommended rate of salary for each of the main factory products, accessories, important products ... to avoid an average and high economic efficiency. As for the officials and employees of the enterprise management, salary, their bonuses are tied to production efficiency-the business of enterprises.
3-with a total of bonus funds obtained from the aforementioned source, the Director of the enterprises have the right to actively choose the bonus distribution form and specified the criteria, conditions and bonus levels suitable for collective and individual has the effect of boosting the production and not the average.
4-Director of the enterprises have the right to extract the part from funds specified in point 1 section IV in this circular to encourage workers to take on more work, do work harder or have more success with dedication for enterprises such as:-allowance trades cum, cum job.
-Higher salaries for the employees have the special talent of enterprises who work in other units has signed contracts with enterprises such as experts, consultants, associates and other work was really outstanding effects for the enterprises.
-Salary for the day was the Director of the factory laid off more in addition to annual vacation mode for the Australians was identified as outstanding advanced workers, soldiers, hero of labor.
-Rewards for those who find new sources of raw materials, where the consumption of new products were effective for the enterprises.
-Bonus to the units and individuals do well the work of labor protection.
5-enterprises of the Director is responsible for fair and accurate accounting of financial resources arising above; responsible for building regulations and pay wages, pay bonus. This regulation must be announced publicly in the enterprises.
6-the income of each of the enterprises depend on the productivity, quality and efficiency of its work and of the entire unit, not the maximum income level control. Income includes salary, bonuses and allowances specified in points 2, 3, 4 section IV of this circular.
V-LABOR CONDITIONS and LABOR PROTECTION (article 54) 1-safety plan-labour hygiene and improve labor conditions is an integral parts of the production planning of financial and social engineering of enterprises. The enterprises have a responsibility to build and organize the implementation of that plan.

2-the enterprises are obliged to obey the rules, labor protection mode, safety standards, labour hygiene, labor conditions and rules KTAT; to ensure the good functioning of the State machinery, production equipment, safety equipment and hygiene. When the renovation process technologies, machinery, equipment, build new factories or expand ... to ensure safety and hygiene requirements.
3-responsible factory Director training, education for managers, technical staff and workers understand and correct observance of the regulations on labor protection, of safe working methods, hygiene and their powers, duties for labor protection; must regularly check the implementation of the provisions in the whole range of enterprises.
4-enterprises of non-deployed workers working in risk conditions that cause deadly accidents, acute toxicity; workers have the right to refuse when asked to work in factory conditions said on that are not considered violation of labor discipline. The case is not a guarantee of safety to the accident, labor Director of the enterprises are responsible.
5-enterprises must make the right mode of armed personal protection and fostering in-kind for people doing the job are toxic, dangerous elements.
The enterprises have the right stores of personal protection means to ensure quality requirements, procedures and time use.
6-the implementation of the regulations on labor protection of safe working methods and hygiene must be materialized into the norms in the content of each person regularly emulation from leading cadres to labor vocational rehabilitation counselor, has strict penalties, bonuses.
7-responsible factory director about the accuracy of the report and the report on the State of occupational safety, hygiene and labour accidents, occupational disease with the superior administration and labor agencies, invalids and the local society.
The enterprises are responsible for extracting the full filing deadlines, the social insurance fund and done right, social security regime of the State, has the right to use collective welfare funds to improve the material and spiritual life for workers.
VII-IMPLEMENTATION 1-Ministry of labour, invalids and Social Affairs asked the industry, the local unit instructions in the right to make this circular; If there are other rules requiring the agreement of the Ministry of labor, invalids and Social Affairs.
2-the Director of the Department of labor, invalids and Social Affairs is responsible for helping the people's committees of the province, city, centrally and Public Service Minister, General Managing Director, guide the urge, periodic checks and report the implementation of this circular to the Ministry of labor, invalids and Social Affairs.
3-this circular are common for all the workers in the enterprises and in effect since the date of signing. The previous provisions contrary to this circular are repealed.
The SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness LABOR CONTRACT TEMPLATE (attached to circular No. 01/LĐTBXH-TT on 09-01-1988 of the Ministry of labor, invalids and Social Affairs), a side of him, she: position: and he, Ms.: occupation: resident in town , district, province or equivalent: bring ID number: on May 19 agreement signed labor contracts and commitment to doing the right thing according to the following terms: article 1: the work, the time and place of work:-the name and volume of work:-form of contract:-location: article 2: working mode-working hours :-work tools:-safety conditions and labour hygiene article 3: duties, rights and benefits of employees 1-Nhiệmvụ:-complete the true task of Industrial Affairs in number and quality.
-Have a responsibility to protect the assets of the enterprises.
-Full executive rules, regulation of enterprises, labour discipline and safety.
-Vocational training and study to improve their profession to serve the work of the enterprises.
2-powers: the right to terminate employment contracts ahead of time according to the provisions in point 2 of section III in circular No. 01/LĐTBXH-TT on 9-1-1988 of the Ministry of labor, invalids and Social Affairs.
3-benefits:-salaries and bonuses;
-Labor protection;
-The holiday mode holiday vacation annually, about;
-Social insurance;
-The collective welfare;
-Retrenchment in the particular case, etc.
Article 4: duties and powers of the Director of the factory.
1-the mission:-preparation of the full face of the production, life safety for workers.
-Ensure employment for workers.
-Ensure full implementation mode and benefits for workers has recorded in the articles 1, 2, 3.
-Arrange for reasonable use of the ability of workers to match the job requirements.
2-powers: the right to terminate employment contracts ahead of time according to the provisions in point 1 of section III in circular No. 01/LĐTBXH-TT on 9-1-1988 of the Ministry of labor, invalids and Social Affairs.
Article 5: General provisions

How to resolve special cases can occur as changes to production plans, construction; change the job due to lack of raw materials, fuel, power, damaged equipment, machines, disaster shows the enemy must stop producing in place are working as laborers to do military service and upon completing his service return.
The effect of the contract beginning on ... and on ... until the end of article 6: this contract is made in two versions:-1 do babysitting, factory Director-1 a by keeping workers.
Done at ... ...

Workers (signed) on ..., ... in 19 ...

Director of the enterprise (signature and stamp)