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blue-check Code of conduct on sexual harassment in the workplace

Code of conduct on sexual harassment in the workplace
VietlawOnline

The Code of conduct on sexual harassment in the workplace has been jointly developed by the Industrial Relations Committee under the Ministry of Labour - Invalids and Social Affairs, Vietnam General Confederation of Labour and Vietnam Chamber of Commerce and Industry. Read more

According to point d Clause 2 Article 35 of the Labour Code No. 45/2019/QH14, an employee is shall have the right to unilaterally terminate the employment contract without prior notice if he/she is sexually harassed in the workplace. However, Clause 9 Article 3 of this the Code only regulates that “sexual harassment” in the workplace means any sexual act of a person against another person in the workplace against the latter’s will”.

As the result, this Code of conduct on sexual harassment in the workplace is considered to be the necessary one; enterprises may integrate this content into their existing policies and regulations for preventing and addressing sexual harassment at workplaces.

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blue-check Some notes upon employing foreigners working in Ho Chi Minh city

Guidance No. 5756/SLDTBXH-VLATLD dated February 26th, 2021 of the Department of Labor - Invalids and Social Affairs of Ho Chi Minh city on implementation of the regulations on foreign workers working in Vietnam under the Government's Decree No. 152/2020/ND-CP dated December 30th, 2020
VietlawOnline

Enterprises whose head offices are located in Ho Chi Minh city that have the demand to employ foreign workers need to pay attention to these points: Read more

- The report on explanation for the demand for employment of a foreign worker must be submitted at least 30 days before the date on which a foreign worker is expected to be employed. If there any change in the demand for foreign worker, the employer shall also make a report at least 30 days before the date on which the foreign worker is expected to be employed.

- If the foreign worker is eligible for exemption from the work permit, the written certification of work permit exemption must granted at least 10 days before he/she starts working.

- The work permit must be issued at least 15 day before the date on which the foreign worker starts working in Vietnam. This means that the foreign worker shall be only allowed to officially work 15 days after he/she obtained the work permit.

- The work permit shall be only extended when its remaining validity period is at least 5 days but not exceeding 45 days.

- An employment contract shall be only concluded after the foreign worker is issued with the work permit. The employer of such foreign worker has to send the original or the certified true copy of the employment contract to the agency issuing the work permit.

This document also provides guidelines in details procedures for issuance, extension, and revocation of a work permit. The Form of written request for certification of exemption from the work permit with regard to a foreign worker is also attached to this document.

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blue-check Guidelines in organization of workers conferences

Guidance No. 1360/HD-TLD dated August 28th, 2019 of Vietnam General Confederation of Labour on participation of trade unions in formulation and implementation of regulation on workplace democracy
VietlawOnline

This document is to instruct grassroots trade unions to perform the right to participate in formulation and supervision of the application of the regulation on workplace democracy, especially the content relating to organization of periodic dialogues and organization of workers conferences. Read more

Accordingly, periodic dialogues are dialogues held on a periodic basis as prescribed by law for better practice of workplace democracy and resolution of difficulties arising during practice of workplace democracy. The periodic dialogue must have at least 3 participants from each party. The general rule is that the grassroots trade union selects more participants in a dialogue than the employer.

A periodic dialogue needs to focus on matters directly related to worker’s rights and interests such as wage, bonus, working hours, breaks, quality of mid-shift meals, provision of social insurance, health insurance and unemployment insurance benefits, responsibilities of relevant parties in execution of a dialogue’s results, etc.

With regard to workers conferences, they shall be organized in the format of a conference of delegates or plenary conference. For enterprises with no more than 100 workers, propose organizing a plenary conference; for enterprises which have at least 101 workers or the premises of which are located in multiple localities, relevant parties shall decide on a conference of delegates or plenary conference.

Depending on each enterprise’s characteristics, the grassroots trade union may discuss with the employer to hold an online workers conference.

These guidelines come into force from September 10th, 2019 and supersede Guidelines No. 1755/HD-TLD dated November 20th, 2013 and Guidelines No. 1499/HD-TLDstatus1 dated September 21st, 2015.

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red-check Guidance on preparation of 2019’s trade union financial estimates

Guidance No. 2212/HD-TLDstatus2 dated November 6th, 2018 of Vietnam General Confederation of Labor on preparation of 2019’s trade union financial estimates
VietlawOnline

The document is to guide trade unions of all levels to do preparation of 2019’s trade union financial estimates. Read more

Accordingly, the salary fund as the basis for trade union contributions in 2019 is average salary as the basis for paying social insurance premiums of the first 6 months of 2018 with account taken of growth multiplied by (x) the quantity of mandatory trade union fee payers.

The total trade union fee to be collected in 2019 shall be carried out according to the regulations in Chapter IV of Decision No. 1908/QD-TLDstatus2 dated December 19th, 2016.

In 2019, internal trade union may spend 69% of trade union contribution and 40% of collected trade union fees.

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blue-check Guidelines on making cost estimates of trade union budget for 2018

Guidlines No. 1784/HD-TLD dated November 6th, 2017 of the Vietnam General Confederation of Labor on cost estimates of trade union budget by 2018

This document provides guidelines on principles and some major contents required to make estimates of trade union budget for 2018

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blue-check Trade unions funds shall be paid through account No. 117001366668

Guidance No. 1305/HD-TLD dated August 15th, 2017 of Vietnam General Confederation of Labour regarding collection of trade union funds in the business production area through the Vietnam General Confederation of Labour's account
VietlawOnline

According to this document, the Vietnam General Confederation of Labour has established the software to collect trade unions funds through its account opened at Vietnam Joint Stock Commercial Bank for Industry and Trade (VietinBank) Read more

Accordingly, union funds shall be paid through the following account:

- Account name: Vietnam General Confederation of Labor

- Account No.: 117001366668.

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blue-check Guidance on payment of insurance premiums for compulsory occupational accidents and occupational diseases

Guidance No. 1684/HD-BHXH dated July 01st, 2016 of Ho Chi Minh city Social Insurance Agency on contribution to the insurance fund for compulsory occupational accidents and occupational diseases
VietlawOnline

The document is to provide in details the guidelines on payers, payment rate, payment methods of as well as time to pay insurance premiums for compulsory occupational accidents and occupational diseases according to Decree No. 37/2016/ND-CPstatus1 Read more

Accordingly, those who have to pay insurance premiums for compulsory occupational accidents and occupational diseases are participants of compulsory social insurance, including employees who work for various places have paid social insurance premiums at other places

The monthly payment rate is 1% of the salary fund on which the social insurance premiums are based and it is only paid by employers; employees must not have to pay these insurance premiums

In reality, 26% currently paid to compulsory social insurance premiums (paid by employers) already covered 1% paid to insurance premiums for compulsory occupational accidents and occupational diseases, employers shall not additionally pay as new insurance premiums

However, employers must declare the additional payment of 1% paid to insurance premiums for compulsory occupational accidents and occupational diseases with regard to employees who work for various units and have paid social insurance premiums at other places. Every month, each employer shall make an individual list of these entities and make payment on the last day of each month

This guidance takes effect from July 01st, 2016.

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stop-check The guidance on organization of workers’ meeting

Guidance No. 1499/HD-TLDstatus1 dated September 21st, 2015 of Vietnam General Federation of Labour on for trade unions on participating in organization of workers’ meeting of and establishing regulation on talks organized by enterprises
VietlawOnline

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-CPstatus1 . 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.

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stop-check Attending to trade unions, laborers shall contribute 1% of salary

Guidance No. 258/HD-TLĐstatus1 dated March 7, 2014 of the Vietnam Confederation of Labor on contribution to the trade union dues

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-TLĐstatus1 dated November 29, 2013.

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red-check Guidance on implementation of the charter of Vietnam trade union

Guide No. 238/HD-TLDstatus2 dated March 4th, 2014 of the Vietnam General Confederation of Labor on implementation of the charter of Vietnam trade union

This document is to provide the guidance on implementation of the charter of Vietnam trade union 2013

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