Circular 29/2021/TT-BLDTBXH on the establishment of criteria for classifying employees by working condition

CIRCULAR

Providing criteria for labor classification based on working conditions^[1]

Pursuant to the June 25, 2015 Law on Occupational Safety and Health;

Pursuant to the Government’s Decree No. 14/2017/ND-CP of February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

At the proposal of the Director of the Department of Work Safety;

The Minister of Labor, Invalids and Social Affairs promulgates the Circular providing criteria for labor classification based on working conditions.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides criteria for labor classification based on working conditions.

Article 2. Subjects of application

1. Employers and employees as defined in Article 2 of the Law on Occupational Safety and Health.

2. Organizations carrying out labor evaluation and classification based on working conditions.

3. Other organizations and individuals related to the labor evaluation and classification based on working conditions.

Chapter II

LABOR CLASSIFICATION BASED ON WORKING CONDITIONS AND METHOD AND PROCESS OF DETERMINATION OF WORKING CONDITIONS

Article 3. Labor classification based on working conditions

1. Types of working conditions

a/ Particularly heavy, hazardous or dangerous occupations and jobs, which are occupations and jobs under class-V or class-VI working conditions.

b/ Heavy, hazardous or dangerous occupations and jobs, which are occupations and jobs under class-IV working conditions. 

c/ Non-heavy, non-hazardous or non-dangerous occupations and jobs, which are occupations and jobs under class-I, class-II or class-III working conditions.

2. Principles of labor classification based on working conditions

The labor classification based on working conditions shall be carried out on the basis of results of the evaluation and determination of working conditions by the method provided in this Circular.

Article 4. Purposes of the use of the method of labor classification based on working conditions

The method of labor classification based on working conditions provided in this Circular shall be used for the following purposes:

1. Formulating, modifying and supplementing the List of heavy, hazardous or dangerous occupations and jobs and particularly heavy, hazardous or dangerous occupations and jobs (below referred to as the List), and removing occupations or jobs from the List.

2. Carrying out labor classification based on working conditions for heavy, hazardous or dangerous occupations and jobs and particularly heavy, hazardous or dangerous occupations and jobs falling under the responsibility of employers for implementation of labor protection and health care regimes for employees under Clause 3, Article 22 of the Law on Occupational Safety and Health.

Article 5. Organizations carrying out the evaluation of working conditions

Organizations carrying out the evaluation of working conditions must be those fully satisfying the conditions for the working environment monitoring specified by the Law on Occupational Safety and Health.

Article 6. Method and process of determination of working conditions

The evaluation and determination of working conditions shall be carried out according to the following process:

1. Determining names of occupations and jobs for which it is necessary to evaluate and determine working conditions.

2. Evaluating working conditions based on the system of criteria on working conditions:

a/ Step 1: Determining elements that have biological effects on employees in the system of criteria on working conditions specified in Appendix I to this Circular.

b/ Step 2: Selecting at least 6 (six) typical elements for each occupation or job. These elements must reflect all 3 groups of elements in the system of criteria on working conditions provided in Appendix I.

c/ Step 3: Selecting 1 (one) criterion for each typical element selected in Step 2 for carrying out the evaluation and scoring in adherence to the following principles:

- The scale of 6 (six) points shall be used for the evaluation of heaviness, hazard or danger of each element provided in Appendix I. The higher heaviness, hazard or danger is, the higher points are scored.

- When the period of exposure by an employee to elements is under 50% of a work shift duration, the score shall be reduced by 1 (one) point. For each element of toxic chemical, electromagnetic field, vibration, noise, ionizing radiation, pressure change or infectious disease pathogen, the score shall be reduced by 1 (one) point if the exposure period is under 25% of a work shift duration.

- For elements subject to permissible exposure periods, the score shall be reduced by 1 (one) point if the actual exposure period at work is under 50% of the permissible exposure period.       

- For elements for which 2 or more criteria may be used for evaluation, only one main criterion shall be chosen for evaluation and scoring. Other criteria may be used for the purpose of reference and addition of data to the main criterion.

d/ Step 4: Calculating the average score of elements according to the following formula:

In which:

: Average score of elements.

n: Number of elements already evaluated in Step 3 (n ≥ 6).

X₁, X₂,…, X_n : Score of element No. 1, No. 2,…, No. n.

dd/ Step 5: Writing evaluation results in a datasheet made according to the form provided in Appendix II to this Circular and determining working conditions according to the average score of elements () as follows:

-  ≤ 1.01: Class-I working conditions;

- 1.01 <  ≤ 2.22: Class-II working conditions;

- 2.22 <  ≤ 3.37: Class-III working conditions;

- 3.37 <  ≤ 4.56: Class-IV working conditions;

- 4.56 <  ≤ 5.32: Class-V working conditions;

-  > 5.32: Class-VI working conditions.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 7. Responsibilities of the Department of Work Safety

1. Based on proposals of employers and related line ministries, to assume the prime responsibility for, and coordinate with related agencies of line ministries and agencies and organizations engaged in occupational safety and health research in, reviewing and evaluating the List before proposing the Minister of Labor, Invalids and Social Affairs to consider and decide on modification and supplementation of the List or removal of occupations or jobs from the List under Article 22 of the Law on Occupational Safety and Health.

2. To carry out regular, scheduled or unscheduled inspection, examination and supervision of the evaluation of working conditions in accordance with law.

Article 8. Responsibilities of provincial-level Departments of Labor, Invalids and Social Affairs

1. To coordinate with related agencies in disseminating this Circular among enterprises in their localities and guiding them in implementing it.

2. To inspect, examine and report on the evaluation of working conditions in their localities in accordance with law.

Article 9. Modification and supplementation of the List or removal of occupations or jobs from the List

1. The amendment and supplementation of the List and removal of occupations or jobs from the List must adhere to the following principles:

a/ The review and evaluation shall be carried out for occupations and jobs in specific sectors or fields.

b/ The selection of samples for review and evaluation shall be carried out in a manner suitable to each type or scale of production, business or service establishments and  representatives of regions or areas where samples are taken.

c/ Results of the labor review, evaluation and classification based on working conditions to be used for proposing modification and supplementation of the List or removal of occupations or jobs from the List are results of review and evaluation carried out within 12 months prior to the month of proposal making.

2. Based on results of the labor classification according to the method provided in this Circular, in case it is necessary to modify and supplement the List or remove occupations or jobs from the List, employers shall send their written proposals to related line ministries for consideration and summarization and concurrently to the Ministry of Labor, Invalids and Social Affairs.

Documents to be enclosed with a written proposal on modification and supplementation of the List or removal of occupations or jobs from the List include: 

a/ A summary of the actual status of special occupational or job titles in the sector or field against those provided in the List promulgated by the Minister of Labor, Invalids and Social Affairs; reasons for proposing such modification and supplementation or removal.

b/ Data obtained through the measurement and evaluation of typical elements on working conditions for occupational and job titles proposed to be modified and supplemented and a datasheet recording summarized results, made according to the form provided in Appendix II to this Circular.

c/ A summary of proposals on modifications and supplementations to the classification of heavy, hazardous or dangerous occupations and jobs and particularly heavy, hazardous or dangerous occupations and jobs, made according to the form provided in Appendix III to this Circular.

3. Line ministries shall review heavy, hazardous or dangerous occupations and jobs and particularly heavy, hazardous or dangerous occupations and jobs in sectors and fields under their management; and consider opinions of employers before proposing amendment and supplementation of the List as suitable to the practical socio-economic, scientific and technological development conditions and management level in each period to the Ministry of Labor, Invalids and Social Affairs.

Article 10. Responsibilities of employers and related agencies

1. Employers shall carry out initial labor review, evaluation and classification, and carry out labor review, evaluation and classification upon a change in technology or production organization process leading to a change in working conditions, or upon detecting arising dangerous or harmful elements through the evaluation of occupational safety and health risks in accordance with the Law on Occupational Safety and Health, ensuring that the frequency of such review, evaluation and classification must be at least once every 5 years.  

2. Employers shall organize the labor evaluation and classification for at-work occupations and jobs on the List for which they have taken measures to eliminate or mitigate impacts of heavy, hazardous and dangerous elements and report results thereof to the Ministry of Labor, Invalids and Social Affairs for consideration and opinion. Their reports shall be enclosed with the documents specified in Clause 2, Article 9 of this Circular.

3. To organize the labor evaluation and classification by the method of labor classification provided in this Circular.

4. To fully implement regimes toward employees performing heavy, hazardous or dangerous occupations and jobs and particularly heavy, hazardous or dangerous occupations and jobs in accordance with relevant regulations.

5. For occupations and jobs that have undergone the labor evaluation and classification under Clause 2 of this Article and no longer have typical characteristics and working conditions of heavy, hazardous or dangerous occupations and jobs or particularly heavy, hazardous or dangerous occupations and jobs, employers are not required to implement regimes toward employees performing heavy, hazardous or dangerous occupations and jobs or particularly heavy, hazardous or dangerous occupations and jobs after consulting the Ministry of Labor, Invalids and Social Affairs.

Article 11. Implementation provisions     

1. This Circular takes effect on April 15, 2022.

2. Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Labor, Invalids and Social Affairs for consideration and settlement.-

For the Minister of Labor, Invalids and Social Affairs
Deputy Minister
LE VAN THANH

* The appendices to this Circular are not translated.