Decree No. 145/2020/ND-CP guiding the Labor Code regarding working conditions and industrial relations

DECREE

Detailing and guiding the implementation of a number of articles of the Labor Code regarding working conditions and industrial relations^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and Law on Organization of Local Administration;

Pursuant to the November 20, 2019 Labor Code;

Pursuant to the June 17, 2020 Law on Investment;

Pursuant to the June 17, 2020 Law on Enterprises;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

The Government promulgates the Decree detailing and guiding the implementation of a number of articles of the Labor Code regarding working conditions and industrial relations.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details and guides the implementation of a number of provisions on working conditions and industrial relations in the following articles and clauses of the Labor Code:

1. Labor management referred to in Clause 3, Article 12.

2. Labor contracts referred to in Clause 4, Article 21; Point d, Clause 1, Article 35; Point d, Clause 2, Article 36; Clause 4, Article 46; Clause 4, Article 47; and Clause 3, Article 51.

3. Labor lease referred to in Clause 2, Article 54.

4. Organization of dialogues and implementation of regulations on grassroots democracy in the workplace referred to in Clause 4, Article 63.

5. Wages referred to in Clause 3, Article 92; Clause 3, Article 96; and Clause 4, Article 98.

6. Working time and rest time referred to in Clause 5, Article 107; Clause 7, Article 113; and Article 116.

7. Labor discipline and material responsibility referred to in Clause 5, Article 118; Clause 6, Article 122; Clause 2, Article 130; and Article 131.

8. Female employees and assurance of gender equality referred to in Clause 6, Article 135.

9. Domestic workers referred to in Clause 2, Article 161.

10. Settlement of labor disputes referred to in Clause 2, Article 184; Clause 6, Article 185; Clause 2, Article 209; and Clause 2, Article 210.

Article 2. Subjects of application

1. Employees, apprentices and on-the-job trainees referred to in Clause 1, Article 2 of the Labor Code.

2. Employers referred to in Clause 2, Article 2 of the Labor Code.

3. Other agencies, organizations and individuals involved in the implementation of this Decree.

Chapter II

LABOR MANAGEMENT

Article 3. Employee management books

The making, update, management and use of employee management books referred to in Clause 1, Article 12 of the Labor Code are specified as follows:

1. Within 30 days from the date of operation commencement, an employer shall make employee management books at the places where its/his/her head office, branches and representative offices are located.

2. An employee management book shall be made in paper or electronic form but must have essential information about an employee, including full name; gender; date of birth; citizenship; place of residence; serial number of citizen identity card or people’s identity card or passport; technical professional qualifications; level of occupational qualifications and skills; working position; type of labor contract; time when he/she starts working; participation in social insurance; wages; wage rank promotion and wage raise; number of day-offs in the year; number of overtime working hours; apprenticeship or training and improvement of occupational knowledge and skills; labor discipline and material responsibility; occupational accidents and diseases; and time of termination of the labor contract and reason(s) therefor.

3. Employers shall record and update the information specified in Clause 2 of this Article from the date an employee starts working; and manage, use and produce employee management books to state management agencies in charge of labor and related agencies upon request in accordance with law.

Article 4. Reporting on labor employment

The declaration of labor employment and regular reporting on labor-related changes referred to in Clause 2, Article 12 of the Labor Code are specified as follows:

1. Employers shall declare the employment of labor in accordance with the Government’s Decree No. 122/2020/ND-CP of October 15, 2020, providing coordination and interconnectivity in performance of procedures for registration of establishment of enterprises and their branches and representative offices, declaration of labor employment, issuance of identification numbers for units participating in social insurance, and registration of use of invoices of enterprises.