After the issuance of Decree No. 38/2022/ND-CP, the wage payment for trained employees causes many difficulties for enterprises. How to understand the jobs which require trained employees? Whether trained employees have higher wages than others or not?
What are jobs which require trained employees?
Previously, Decree No. 90/2019/ND-CP (expired on July 01, 2022) guided the specific regulations on wage payment for the cases which require trained employees.
In accordance with Article 5, Decree No. 90/2019/ND-CP, a job that requires a trained employee asks employees to be granted diplomas or recognition, including:
- A person who has been granted a vocational training certificate, vocational training diploma, diploma of professional secondary education, diploma of vocational secondary education, college diploma, certificate of completion of university foundation studies, university degree, bachelor’s degree, master’s degree, or doctorate degree as prescribed in the Government’s Decree No. 90/CP of November 24, 1993.
- A person who has been granted a professional secondary school graduate diploma, vocational training school graduate diploma, college graduate diploma, university graduate diploma, master’s degree or doctorate degree; vocational education diploma or certificate; higher education diploma or continuing education diploma or certificate as prescribed in the 1998 Education Law or the 2005 Education Law;
- A person who has been granted a certificate under a continuing vocational training program, preliminary vocational training certificate, vocational secondary school graduate diploma or vocational college graduate diploma, or who has completed a vocational training program under a vocational training contract as prescribed in the Law on Vocational Training;
- A person who has been granted a national occupational skills certificate in accordance with the Law on Employment;
- A person who has been granted a diploma or certificate of vocational education of elementary, secondary, or collegial level, received continuing vocational training, or attended other vocational training programs in accordance with the Law on Vocational Education;
- A person who has been granted a graduate diploma of higher education in accordance with the Law on Higher Education;
- A person who has been granted a diploma or certificate by a foreign training institution;
- A person who has received vocational training from his/her enterprise or has his/her self-trained vocational skills tested by the enterprise before being assigned to perform jobs that require trained employees.
You can view Circular No. 26/2020/BLDTBXD for the List of level-4 training industries and sectors on secondary or collegial levels,
Currently, Decree No. 90/2019/ND-CP expires and is replaced by Decree No. 38/2022/ND-CP which has no guidance on this problem.
Therefore, Decree No. 90/2019/ND-CP can be used as a reference for enterprises and employees to understand the definition of jobs that require trained employees.
Are trained employees’ wages higher than at least 7%?
In accordance with Clause 1, Article 5, Decree No. 90/2019/ND-CP, the level of wage must be at least 7% higher than the relevant region-based minimum wage level prescribed by the Government, for employees performing jobs that require trained employees.
However, Decree 90 has formally been replaced by Decree No. 38/2022/ND-CP from July 01, 2022. Within that, Decree No. 38/2022/ND-CP prescribes no regulations on higher payment than region-based minimum wage level for trained employees.
In accordance with Clause 1, Article 4, Decree 38/2022, the monthly minimum wage levels are the lowest ones which serve as a basis for employers and employees to reach an agreement on and pay wages, to an employee who works sufficient normal working time in a month and fulfills labor norms or work as agreed.
The Ministry of Labor, Invalids, and Social Affairs cooperates with the General Confederation of Labor to issue the Official Dispatch No. 2086/BLDTBXH-TLDLDVN with the important contents as follows:
- Reviewing agreements in their labor contracts, collective labor agreements, and regulations to adjust and supplement accordingly. It is not allowed to either abolish nor cut wage-based allowances payable to employees.
- Agreed contents or commitments in labor contracts, labor agreements, or other legal agreements, that bring more benefits for employees compared to provisions provided in this Decree, shall continue to be implemented unless otherwise agreed by both parties.
- Accordingly, implemented content, including the content that the level of wage to be paid to an employee performing a job that requires trained employees must be at least 7% higher than the relevant minimum wage level, shall continue to be implemented, unless otherwise agreed by both parties.
Therefore, in labor contracts that are implemented before July 01, 2022, the information on wage payment at least 7% higher than the commitment.
Besides, labor contracts and agreements that are signed from July 01, 2022, must not have an agreement on paying at least 7% higher than region-based minimum wages for the jobs which require trained employees but not higher than the region-based minimum wage prescribed by the Government.
Here is the explanation of the jobs which require trained employees and the wage levels.