The labor management is one of the most
important matters in the operation of enterprises. For the employee, he
or she has to fulfill the job requirements as per labour contract, follow
internal labour regulations, and work under the supervision of the employer.
For employer, complying with regulations include paying salary,
ensuring benefits, and other mandatory labour compliance as per labour laws and
collective labour agreements signed.
The following recaps the labour matters
and labour legal compliance according to Vietnam labour laws:
1. To make reports on labor use according to the provisions of
Article 6, Circular No. 23/2014/TT-BLDTBXH dated August 29th 2014 (Circular 23).
2. To make periodical reports on the use and change of labor
according to the provisions of Point d, Clause 2, Article 6 of the Labor Code
2012 and Clause 2, Article 8 of Decree No. 03/2014/ND-CP and Clause 2, Article
6 of the Circular 23.
3. To make and use labor management books as guided in Article 7 of
Circular 23.
4. Build and send wage scales, payroll, technical standards,
titles, professional standards and labor norms in accordance with Article 93 of
Labor Code 2012 and Chapter III of Decree No. 49/2013/ND-CP dated May 14th 2013
5. To participate and pay social insurance, health insurance,
unemployment insurance for employees in accordance with current law.
6. To construct and register the labor regulations of the unit in
accordance with Article 119, Clause 1, Clause 2, Article 120 of the Labor Code
2012, Chapter V of Decree No. 05/2015/ND-CP dated January 12th (Decree 05) and
Chapter III of Circular 47/2015/TT-BLDTBXH dated November 15th 2015.
7. To develop and promulgate the Grassroots Democracy Regulation;
Statute of periodical dialogue in the workplace as stipulated in Decree
60/2013/ND-CP dated June 19th 2013
8. To negotiate, sign and send the Collective Labor Agreement to
the provincial labor authority in accordance with Chapter V of the Labor Code
2012, Chapter III of Decree 05 and Article 3 of Circular 29/2015/TT-BLDTBXH
dated July 31st 2015 (this is optional).
9. To make explanatory reports on the demand for use, the
procedures for the grant and re-grant of work permits and the implementation of
reporting regimes according to the provisions of Decree No. 11/2016/ND-CP dated
March 2nd 2016 and Circular 40/2016/TT-BLDTBXH dated October 25th 2016 (if
employing foreign workers).
10. To formulate and
promulgate the Regulation on evaluation of the performance of tasks as provided
in Clause 1, Article 12 of Decree 05 (This content is part of the company’s
working regulations and we must have this content to be able to unilaterally
terminate the labor contract with the employee under Clause 1, Article 38 of
the Labor Code 2012).
11. To carry out the
procedures for the establishment of a grassroots trade union organization in
accordance with the provisions of Paragraphs 1 and 3 of Article 189 of the Labor Code 2012 and
Article 5 of the Trade Union Law 2012 (This is not mandatory but depends on the
quantity of workers want to join the union of the company).
12. To report on
occupational accidents, technical incidents causing serious unsafety and
occupational hygiene at the unit as provided in Clause 1, Article 36 of the Law
on Occupational Safety and Hygiene 2015 (if any); Periodically report on
occupational accidents according to the provisions of Clause 1, Article 24 of
Decree No. 39/2016/ND-CP dated May 15th 2016 (Decree 39).
13. To report annually on
occupational safety and health as provided in Article 10 of Circular
07/2016/TT-BLDTBXH dated May 15th 2016
14. To declare the fatal
occupational accident or serious injury of 2 or more laborers as stipulated in
Clause 1, Article 34 of the Law on Occupational Safety and Hygiene 2015;
Article 10 of Decree 39 (if any).
15. To monitor, manage
and declare the use of machines, equipments and materials with strict
requirements on labor safety in accordance with Articles 30 and 31 of the Law
on Occupational Safety and Hygiene, Article 16 of Decree 44/2016/ND-CP dated
May 15th 2016 (Decree 44) (if any); Circular 53/2016/TT-BLDTBXH dated December
28th 2016
16. To arrange full-time
officials working in occupational safety and health in accordance with Article
36 of Decree 39.
17. To arrange staff to
work in the health sector in accordance with Article 37 of Decree 39.
18. To provide material
allowances to laborers working under dangerous and harmful conditions (if any)
according to the provisions of Article 24 of the Law on Occupational Safety and
Hygiene 2015; Circular 25/2013/TT-BLDTBXH dated October 18th 2013
19. To review, classify
and organize occupational safety and health training for laborers as stipulated
in Article 14 of the Law on Occupational Safety and Health 2015; Article 17 of
Decree 44.
20. To organize health
examination and treatment of occupational diseases for laborers according to
the provisions of Article 21 of the Law on Occupational Safety and Hygiene 2015.
21. To compile the
workers’ health records and labor sanitation dossiers according to the
provisions of Circular No. 19/2016/TT-BYT dated June 30th 2016
22. To allocate and
monitor personal protective devices for laborers according to the provisions of
Article 23 of the Law on Occupational Safety and Hygiene 2015; Circular
04/2014/TT-BLDTBXH dated Feruary 12th 2014
23. To develop and
implement an annual plan for occupational safety and health; Occupational
safety and health regulations of the enterprise for each working area; Safe
working methods for each type of work; Control of risk and harmful factors;
Risk assessment on occupational safety and health; The plan for handling
technical incidents causing serious unsafety and emergency rescue as provided
in Articles 15, 18, 76, 77 and 78 of the Law on Occupational Safety and Hygiene
2015.
24. To develop a plan for
implementation of the month of action on occupational safety and health in
accordance with Circular 02/2017/TT-BLDTBXH dated February 20th, 2017
It is important the company to retain law firm in Vietnamwith
labour expertise to avoid non compliance and disputes to be arisen.
How ANT Lawyers Could Help Your Business?
To learn more
about ANT Lawyers IP Practice or contact our IP lawyers inVietnam for advice via email ant@antlawyers.vn or
call our office at (+84) 24 32 23 27 71
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