This Decision takes effect from January 1st, 2017. To abolish Instruction No. 258/HD-TLD dated March 7th, 2014, Decision No. 270/QD-TLD dated March 7th, 2014; Decision No. 271/QD-TLD dated March 7th, 2014 and Decision No. 269/QD-TLD dated March 7th, 2014.
According to the guidance provided in Clause 2 of this Official letter, employees and enterprises may initiate lawsuits against social insurance agencies when they have grounds to believe that decisions or acts of the social insurance agencies violate the law on social insurance and infringe their lawful rights and interests. The Jurisdiction over administrative cases in such case shall belong to district-level or province - level people’s courts (Article 31, 32 of the Law on administrative procedure No. 93/2015/QH13)
From January 01st, 2016, Clause 9 Article 22 of the Law on Social Insurance No. 58/2014/QH13 allows social insurance agencies to directly handle, or propose competent state agencies to handle, violations of the laws on social insurance, unemployment insurance and health insurance (such as shirking, delaying the payment of social insurance premiums) instead of initiating a lawsuit at a court as previously. Thus, from the beginning of 2016, the courts do not accept the application for lawsuits against the evasion, delay of payment of social insurance premiums. In other words, enterprises shall not be subpoenaed due to the acts of evasion, delay of payment of social insurance premiums. However, they may be subject to the administrative or criminal handling.
Guidelines No. 1499/HD-TLĐ - The guidance on organization of workers’ meeting ( 21-Sep-2015) The document is to provide guidelines on the process for organization of workers’ meeting and the establishment of regulation on talks organized by enterprises in accordance with Decree No. 60/2013/ND-CP. Accordingly, the process for organization of workers’ meeting includes 4 basic steps: i/ Preparation for the workers’ meeting, ii/ Organization of the workers’ meetings at divisions, workshops or production teams, iii/ Organization of the corporate-level workers’ meetings, iv/ Implementation of the resolution of the workers’ meeting read more
The workers’ meeting should be annually organized in Quarter I so that the effect of the resolution of the workers’ meeting is promoted, the labor capacity is improved and enterprises’ business and production results are raised from the beginning of year. Particularly, for joint-stock companies, the workers’ meeting should be organized prior to the organization of general meeting of shareholders in order that suggestions from the workers’ meeting which must be decided by the owner shall be timely submitted and solved at the company’s general meeting of shareholders
Members for voting at the workers' meeting are elected by the executive board of the grassroots trade union basing on recommendations from the workers at divisions, workshops or production teams. Depending on scale and the number of workers of the enterprise, the executive board of the grassroots trade union can decide the quantity of elected participants which may be equivalent to 30% to 50% of total members of the executive board of the grassroots trade union
Regarding the establishment of regulation on talks organized by enterprises, in most cases, the regulation on talks are divided into 5 chapters, including Chapter I - General provisions, Chapter II - Periodical talks, Chapter III - Unscheduled and requested talks, Chapter IV - Taking actions against after-talk matters, Chapter V – Implementation.
- Article 17 regarding responsibility for attending collective bargaining meetings
- Article 19 regarding responsibility of labor authorities pertaining to receipt of collective bargaining agreements
- Article 34 regarding labor arbitration council
- Clause Article 36 regarding negotiation on compensation for damage caused by illegal strikes
Accordingly, enterprises must conduct periodic collective bargaining with employees at least once a year. Time of periodic bargaining meetings shall be agreed by the two parties, but duration between two consecutive bargaining meetings is within 12 months (Article 3)
If the trade union organizing the strike does not agree with the major contents specified in the written compensation claim made by an enterprise, within 05 working days from the date on which the written compensation claim is received, the trade union shall send a written request for negotiation to the enterprise (Article 7)
This Circular takes effect from September 15th, 2015 and replaces Circular No. 23/2007/TT-BLDTBXH dated October 23rd, 2007.
Accordingly, every unionist of non-state enterprises shall pay monthly union dues of 1% of their salary on which the social insurance premium is calculated. However, the maximum monthly union dues shall not exceed 10% of the basic salary (the common minimum salary level)
At present, the common minimum salary level is VND 1,1150,000/month (Decree No. 66/2013/ND-CP). As the result, the maximum union dues shall be VND 115,000/month.
Guidelines No. 258/HD-TLĐ - Attending to trade unions, laborers shall contribute 1% of salary ( 7-Mar-2014) According to the Guidance, members of trade union regardless of state owned enterprises or non-state enterprises shall pay monthly trade union dues at the rate of 1%. However, for state owned enterprises, the 1% of trade union dues is calculated upon salary paid practically (the salary has been deducted the amounts payable for social insurance, medical insurance, unemployment insurance, personal income tax); For non-state enterprises, the 1% of trade union dues is calculated upon the social insurance paid salary. read more
Particularly, enterprises face with special difficulties in production, business and incomes of members of trade unions are low, the 1% of trade union dues is calculated upon the basic wage level (it means the common minimum wage level which is 1,150,000 at present according to the Decree No. 66/2013/NĐ-CP).
This Guidance takes effect from the date of signing. The contribution level of trade union dues under this guidance has been applied since January 1st, 2014, replaces the Guidance No. 1803/HD-TLĐ dated November 29, 2013.