Vietnamese
On June 17, 2022, the Ministry of Labor, Invalid and Social Affairs and the General Confederation of Labor issues the Official Dispatch No. 2086/BLDTBXH-TLDLDVN on the implementation of the Decree No. 38/2022/ND-CP on minimum wages.
It can be known that the minimum wage levels higher than 7% of region-based minimum wage levels for trained employees are applied from 2008 to this moment.
However, the recent regulations in the Decree 38/2022 have no provision for higher payment for trained employees except for the general provisions prescribed in Clause 1, Article 4 as follows:
1. 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, in case of paying wages on a monthly basis, provided that the level of wage to be paid (accordingly job or title) to an employee who works sufficient normal working time in a month and fulfills labor norms or work as agreed must not be lower than the monthly minimum wage levels.
In the Official Dispatch 2086, the General Confederation of Labor and the Ministry of Labor, Invalids and Social Affairs have guidelines as follows:
For agreed contents or commitments in labor contracts, labor agreements or other legal agreements, that bring more benefits for employees compared to provisions provided the Decree 38/2022, shall continue to be implemented, unless otherwise agreed by both parties.
Accordingly, the previous regulations on the minimum wage levels higher than 7% of region-based minimum wage levels are still effective, except for the other agreements in accordance with law provisions.
Besides, enterprises must check all the agreements in the labor contracts, collective labor agreement and other regulations of employers to have suitable adjustment and supplementation on the implementation of the new regulations.
At the same time, do not remove or reduce wage when employees work overtime, work at night, or perquisites, or other benefits in accordance with law provisions.
