The work seniority for which severance pay has been offered previously (if any) shall be no longer used as the basis for calculation of redundancy pay later on (Clause 5 Article 1).
In addition, with regard to severance pay, these periods for which redundancy pay shall be no longer offered: probation, internship and apprenticeship periods; period during which an employee is detained or jailed away from work and after which he/she is permitted to come back to work on account of the competent authority’s reaching the conclusion that he/she is not guilty.
With regard to the period of participation in unemployment insurance which is subtracted upon calculation of severance pay, redundancy pay, according to the supplements at this Decree, the period which is considered to be the period of unemployment insurance premium payment as prescribed by law shall be also subtracted.
However, there are some additional periods for which severance pay shall be offered such as: the period for treatment and rehabilitation of ability to work after suffering from occupational accident and disease and the period an employee left his/her work to perform duties of a citizen.
Regarding time limit for settlement of benefits of employer and employee upon termination of the labor contract, Clause 8 Article 1 of this Decree allowed enterprises to extend the time limit for payment to 30 days in some special cases such as: merger, consolidation, division, separation of enterprise, cooperative, ownership transfer or property use right transfer as prescribed in Article 45 of the Labor Code."
In addition, salary which is used as the basis for compensation upon illegal unilateral termination of the labor contract is specified that it is the salary under the labor contract at the time when the employer or the employee illegally unilaterally terminates the labor contract (Clause 10 Article 1).
This Decree takes effect from December 15th, 2018.
Clause 7 and Clause 1, Clause 3 Article 10 of Circular No. 47/2015/TT-BLDTBXH dated November 16th, 2002 shall be abolished.
Accordingly, each enterprise must conduct the self-inspection of compliance with the labor law at least once a year in order to evaluate the compliance with the labor law and work out methods for enhancement of law soft compliance (Clause 1 Article 4).
Self-inspection period is from the first date of January in the previous year to the inspection date. Time for self-inspection shall be decided by each enterprise (Clauses 2, 3 Article 4).
Activities subject to self-inspection include: signing of collective labor agreements; working hours; salary payment; performance of occupational safety and health activities; formulation of labor rules; participation in social insurance; handling of labor-related disputes and complaints etc. (Article 5).
Self-inspection matters shall be provided in the self-inspection note by the Ministry of Labour – Invalids and Social Affairs according to each business and production field and posted on the website: http://tukiemtraphapluatlaodong.gov.vn in order for enterprises to choose.
A self-inspection dossier which includes the self-inspection note, self-inspection conclusion, document on establishment of the self-inspection delegation and other documents made during the self-inspection must be stored in the enterprise management dossier as a basis for monitoring, analyzing and developing policies and methods for improvement law compliance.
Enterprises shall cooperate with the labor union in preparing an online report on the self-inspection result as required in written by the state inspection agency for labor affairs (Article 7).
This Circular takes effect from January 1st, 2019 and replaces Decision No. 02/2006/QD-BLDTBXH dated February 16th, 2006.
From January 1st, 2019, the confirmation letters shall be granted according to the new form provided in Appendix 7 issued together with Circular No. 56/2017/TT-BYT and must meet these requirements:
- Clearly provide all information required in the confirmation letter in Vietnamese using one single color ink, do not erase any information in the confirmation letter (same information for 2 copies);
- Timely grant the confirmation letter to the employee coming to the medical facility for health examination (or accompany with his/her children) or after the inpatient treatment end and such employee is discharged from the hospital;
- The issuance date must be the day on which the employee taking medical examination, and the confirmation letter must not be issued retroactively or in advance. The confirmation letter must not be granted to the employee not receiving medical examination and treatment (fraudulent confirmation letter);
- Only one confirmation may be issued each doctor visit. In cases the patient needs to rest for more than 30 days or beyond the leave period specified in the granted confirmation letter, the patient must undergo a follow-up examination;
- The confirmation letter must bear signature and full name of the physician who works at the medical facility and is authorized to sign the confirmation letter by the head of such medical facility;
- When issuing a confirmation letter to a patient receiving long-term treatment, the physician is required to specify the full name of such patient and disease code as specified in the list of diseases requiring long-term treatment issued by the Ministry of Health;
- All re-issued confirmation letters (including the following documents: discharge notes, birth certificates, confirmation of maternity leave and confirmation of poor postpartum health) must bear the reissuance seal; any revisions to the certificate must bear the seal of the medical facility (the seal registered with the social insurance authority).
- Calendar New Year: They shall be entitled to take 4 consecutive days off, from Saturday, December 29th, 2018 to the end of Tuesday January 1st, 2019 and take Saturday, January 5th, 2019 as a compensatory workday.
- Lunar New Year: they shall be entitled to take 9 consecutive days off, from Saturday, February 2nd, 2019 to the end of Sunday, February 10th, 2019 without any compensatory workday.
- Victory Day (April 30th) and International Workers’ Day (May 1st): they shall be entitled to take 5 consecutive days off, from Saturday, April 27th, 2019 to the end of Wednesday, May 1st, 2019 and take Saturday, May 4th, 2019 as a compensatory workday.
This schedule of holidays has been approved by the Prime Minister at Official letter No. 6519/VPCP-KGVX dated July 11th, 2018.
However, it is only compulsory to pay social insurance premiums with regard to measured extra payments and the contractual salary mentioned in the labor contract that are be paid regularly in each period of salary payment
Accordingly, in case shift and hard working allowances which are not pre-measured, they are not other additional payments which have to participate in compulsory social insurance.
With regard to allowances for working away from residential houses to be paid monthly and pre-determined for transferred employees, according to opinions of the Ministry of Labor, Invalids and Social Affairs, in order to determine whether these allowances have to participate in social insurance or not, it is required to clearly determine money sources used for paying for these allowances.
- Calendar New Year: Public employees shall be entitled to take days off from Monday, December 31st, 2018 to the end of Tuesday, January 1st, 2019, and shall be required to take Saturday, January 5th, 2019 as a compensatory workday.
- Lunar New Year: Public employees shall be entitled to take days off from Monday, February 4th, 2019 to the end of Friday, February 8th, 2019 without taking swapping workday.
- Victory Day (April 30th, 2019) and International Workers’ Day (May 1st, 2019): Public employees shall be entitled to take days off from Monday, April 29th, 2019 to the end of Wednesday, May 1st, 2019, and shall be required to take Saturday, May 4th, 2019 as a compensatory workday.
The aforesaid schedule of state holidays is only applicable to state employees. With regard to enterprises, they may themselves decide schedule of holidays on the basis of their specific programs, plans.
Accordingly, in case a company hires workers from the outside to perform the processing, packaging, handling, etc. without labor contract or under labor contract for less than 3 months, upon making payments to such workers, the company shall withhold 10% PIT.
Accordingly, one of the new points of this Decree is to allow complainants to be optional to bring the case to the court right at the initial time or after the first-time complaint is handled but the complainant does not agree with it or over the time limit for first-time complaint handling but the first-time complaint remains unhandled.
Under the earlier regulations in Decree No. 119/2014/ND-CP, it only allowed complainants to bring the case to the court when they do not agree with second-time complaint handling decision or over the prescribed time limit but the second-time complaint remains unhandled.
In case a complainant option to bring the case to the court right at the initial time or after the first-time complaint is handled but the complainant does not agree with it or over the time limit for first-time complaint handling but the first-time complaint remains unhandled, he/she shall file a lawsuit in the court in accordance with regulations of the Code of civil procedures.
If the complainant option to bring the case to the court when he/she does not agree with the second-time complaint handling decision or over the prescribed time limit but the second-time complaint remains unhandled, the complainant is entitled to file a lawsuit in the court in accordance with regulations of the Code of administrative procedures.
This Decree comes into effect from April 15th, 2018 and replaces Decree No. 119/2014/ND-CP dated December 17th, 2014 and regulations on complaints and denunciations by employees provided in Decree No. 75/2012/ND-CP dated October 3rd, 2012, Decree No. 76/2012/ND-CP dated October 3rd, 2012.
However, according to Article 14 of Decree No. 05/2015/ND-CP, the aforesaid periods are still considered to be the actual working periods for calculation of severance pay.
Enterprises are entitled to claim for compensation if employees illegally unilaterally terminate labor contract (Article 43 of the Labor Code).
An employee that illegally unilaterally terminates the labor contract is the person who exercises the right to unilaterally terminate the labor contract contrary to the cases specified in Clause 1 Article 37 of the Labor Code; or contrary to the advance notice time prescribed in Clause 2 Article 37 of the Labor Code; or contrary to both Clauses.
In another case, if an employee quits his job willingly totally 05 days in 01 month or 20 days totally in 01 year without any proper reason, the employer has the right to apply the form of disciplinary dismissal to such employee according to Clause 3 Article 126 of the Labor Code. However, the employee who is dismissed by the employer does not belong to the employees' cases of unilateral termination of the labor contract.
Regarding annual leave, according to Clause 2 Article 111 of the Labor Code, if an enterprise wishes to change its annual leave schedule, it has to consult with its employees and has to give notice to the employees in advance.