Sharing of expertise
Question 105: Are salary scale, payroll and CLA required to be registered with the local labour management agency?
Pursuant to the Labor Code, Employers are not required to conduct the procedures for registering salary scales, payrolls and CLAs, instead only send them to state management agencies, immediate senior trade unions or Employers’ representative organisations. The procedure for submitting salary scales, payrolls and collective labour agreements is as follows: 1.Regarding CLAs: Within 10 working…
Question 104: Do enterprises need ILRs? If no, may Employers deal with Employees’ discipline violations based on the violations stipulated in the Labor Code? In case of any need for ILR, is such ILR required to be registered with the competent local labour authority? What is an administrative penalty in case of no ILR registration? What benefits does ILR bring Employers to prove that it is needed for them to elaborate ILR?
1. Do enterprises need ILRs Pursuant to Article 119 of the Labor Code, when enterprises use 10 or more Employees, they must issue written ILRs and perform ILR registration procedures with competent local labour authorities for its validity. Thus, in cases where an enterprise employs less than 10 Employees, the law does not require enterprises…
Question 103: Must enterprises hire a full-time doctor when they employ 500 Employees or more? What are the doctor’s job details and should they be stated clearly in the doctor’s job description table?
Must the Employer establish a health department when employing 500 Employees or more? Pursuant to the Law on labour safety and hygiene, the Employer must assign personnel to medical duties or establish the health department which is responsible for taking care of the Employee’s health based on scale, nature of work, labour accident risks, occupational…
Question 102: Must enterprises be responsible for fire prevention and fighting when they lease head-offices as the workplace?
The safety conditions on fire prevention and fighting that are required of head-offices Pursuant to the Law on fire prevention and fighting which is guided by Decree 79/2014/NĐ-CP, head offices of professional agencies and enterprises with 5 floors and above or with the capacity of 5,000 m3 and above fall into the category of premises with…
Question 101: Is it mandatory for the Employer to hold periodic health examinations for Employees?
Periodic health examinations for Employees Pursuant to the Labor Code, Employers must hold periodic health examinations for Employees, including Employees in apprenticeship; gynaecologic/obstetric examinations for female Employees, at least 6-month health examinations for Employees doing the jobs with heavy, toxic nature, disabled Employees, Employees under 18 years of age and senior Employees[1]. As such, it…
Question 100: Is it mandatory for enterprises to establish the network of safety and hygiene personnel? How much is the responsibility allowance for safety and hygiene personnel, and is this allowance subject to PIT?
Is it mandatory for enterprises to establish the network of safety and hygiene personnel? Safety and hygiene personnel are Employees who have good knowledge in labour safety and hygiene techniques; are voluntary to comply with safety and hygiene regulations in an exemplary manner and are elected by other Employees in the team[1]. Accordingly, the 2015…
Question 99: An accident happening to Employees while they commute between the residence and the workplace is a labour accident, isn’t it?
Accidents happening on the way between the residence and the workplace A labour accident is one that causes injuries to any bodily part or function, or leads to the Employee’s death and occurs while the Employee is working, which relates to the job or task being performed[1]. Pursuant to the Law on Labour Safety and…
Question 98: Is it correct that Employees must provide information about their health and bear health check expenses before signing LCs with the Employer? If this is correct, is it contrary to the regulation that organisations or individuals who request health check must bear health check expenses?
Must Employees provide information about their health before signing LCs with the Employer? As prescribed by labour law, if requested by the Employer, Employees must provide the Employer with their health information before signing LCs[1]. It should be noted that the Employees’ health information must be provided in the form of health certificate as the…
Question 96: What are the conditions and procedures for enjoying insurance of labour accidents and occupational diseases?
Upon encountering labour accidents, Employees will be entitled to the regime of occupational accidents and diseases in accordance with the law when they satisfies all conditions and performs all procedures as follows:Conditions for enjoying the regime of labour accidents and occupational diseases Conditions for enjoying the regime of labour accidents and occupational diseases In accordance…
Question 95: Are Employers entitled to a reduction of payment rate into the insurance fund for labour accidents or occupational diseases?
Reduction of payment rate into the insurance fund for labour accidents or occupational diseases Decree 44/2017/NĐ-CP coming into effect from 01/06/2017 stipulates the payment rate into the insurance fund for labour accidents and occupational diseases will be reduced from 1 % to 0.5% on the salary fund serving as a basis for SI payment by…