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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