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MINISTRY OF
LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
23/2015/TT-BLĐTBXH
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Hanoi, June 23,
2015
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CIRCULAR
GUIDELINES
FOR SOME ARTICLES ON WAGES OF THE GOVERNMENT'S DECREE NO. 05/2015/NĐ-CP DATED
JANUARY 12, 2015 ON GUIDELINES FOR SOME CONTENTS OF THE LABOR CODE
Pursuant to the Government's Decree No.
106/2012/NĐ-CP dated December 20, 2012, defining the functions, tasks, powers
and organizational structure of the Ministry of Labor, War Invalids and Social
Affairs;
Pursuant to the Government's Decree No.
05/2015/NĐ-CP dated January 12, 2015 on guidelines for some contents of the
Labor Code;
At the request of Director of Employment – Wage
Department
The Minister of Labor, War Invalids and Social
Affairs promulgates a Circular to provide guidelines for some Articles on wages
of the Government's Decree No. 05/2015/NĐ-CP dated January 12, 2015 on
guidelines for some contents of the Labor Code.
Article 1. Scope
This Circular provides for guidelines for some
Articles on wages of the Government's Decree No. 05/2015/NĐ-CP dated January
12, 2015 on guidelines for some contents of the Labor Code (hereinafter
referred to as Decree No. 05/2015/NĐ-CP).
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Employers, employees, representative organizations
of employee collectives, organizations and individuals directly involved in
labor relation in implementation of some regulations on wages in Decree No. 05/2015/NĐ-CP.
Article 3. Wages
Wages are prescribed in Clause 1 and Clause 2
Article 21 of Decree No. 05/2015/NĐ-CP and elaborated as follows:
1. The wage written in the employment contract is
agreed between the employee and employer to for performance of certain tasks.
Wages include:
a) The pay rate corresponding to the job or
position according to the pay scale established by the employer in accordance
with Article 93 of the Labor Code, Article 7, Clause 2 Article 10 of the
Government's Decree No. 49/2013/NĐ-CP dated May 14, 2013 on guidelines for some
Articles on wages of the Labor Code;
b) Allowances meant to make up for working
conditions, work complications, living conditions, necessity of labor
attraction that are not taken into account or not adequately included in the
wage corresponding to the tasks or positions on the pay scale. To be specific:
- Making up for working conditions, including
arduous, harmful, dangerous works, or particularly arduous, harmful, dangerous
works.
- Making up for work complications such as works
that require training, professional skills and knowledge, heavy responsibility,
affecting other works, requiring long experience, working skills,
communications skills, and cooperation.
- Making up for living conditions such as works in
remote areas, disadvantaged areas with extreme climate, expensive areas with
housing difficulties; works that require employees to frequently change the
workplace, residence, and other factor that make the employees’ life
inconvenient.
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c) Additional payments are amounts in addition to
wage and allowances related to the job or position written in the employment
contract. Additional payments do not include: bonus prescribed in Article 103
of the Labor Code; payment for mid-shift meals; assistance for employees upon
death, marriage of their relatives, employees’ birthday parties, assistance for
employees having difficulties from occupational accidents, occupational
diseases, other assistance and allowance not related to the job or position
written in the employment contract.
2. The wage paid to an employee depends on the wage
written in the employment contract, productivity, work load, and work quality
of the employee. The wage paid to the employee that does the simplest job in
normal working conditions for normal working hours and completes the given
workload or tasks (not including overtime pay or night work pay) must not falls
below the region-based minimum pay rates prescribed by the government.
Article 4. Method of payment
Methods of payment of wages are prescribed Article
22 of Decree No. 05/2015/NĐ-CP and elaborated as follows:
1. Time-based wages (monthly, weekly, daily, or
hourly) are paid to employees for their actual working time by month, week,
day, or hour. To be specific:
a) Monthly wage is paid for one working month based
on the employment contract;
b) Weekly wage is paid for one working week, which
equals (=) monthly wage multiplied by (x) 12 months and divided by (:) 52
weeks;
c) Daily wage is paid for one working day which
equals (=) monthly wage divided by (:) number of working days in the month
(depending on each month of the solar calendar and employees have averagely 04
days off in a month) under regulations of law as selected by the enterprise;
d) Hourly wage is paid for one working hour which
equals (=) daily wage divided by (:) number of normal working hours in the day
as prescribed in Article 104 of the Labor Code.
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3. Fixed wage is paid to employees who agree to
receive fixed wage according to the workload, work quality, and deadline for
work completion.
Depending on the characteristics of work and
business conditions, employers shall decide on the method of wage payment that
ensure wage matches the work performance, encourage employees to improve work
efficiency and performance. The selection or change of wage payment method must
be written in employment contracts and collective bargaining agreement.
Article 5. Monthly wage payment
term
Monthly wage payment term is prescribed in Article
23 of Decree No. 05/2015/NĐ-CP and elaborated as follows:
1. Monthly wage shall be paid once or twice a month
within the month in which the employee works.
2. Both parties shall reach an agreement on a fixed
time of wage payment in the month.
Article 6. Overtime pay
Overtime pay paid to employees who work overtime is
prescribed in Clause 1 Article 25 of Decree No. 05/2015/NĐ-CP and elaborated as
follows:
1. Every employee who receives time-based wage and
works overtime in addition to the working time established by the employer
shall receive overtime pay as prescribed in Article 104 of the Labor Code,
which is calculated as follows:
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=
Actual hourly wage
on a normal working day
x
At least 150% or
200% or 300%
x
Number of overtime
hours
Where:
a) Actual hourly wage on a normal working day
equals (=) the actual wage for the current job of the month in which the
employee works overtime (minus overtime pay and extra pay for night work)
divided by (:) actual number of working hours in the month (exclusive of
overtime hours). If the employee receives a daily or weekly wage, the overtime
pay equals (=) the actual wage of that working day or week (minus overtime pay
and extra pay for night work) divided by (:) actual number of working hours in
the day or week (exclusive of overtime hours);
b) The overtime pay on a normal working day is at
least 150% of actual hourly wage on a normal working day.
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d) The overtime pay on a public holiday or paid day
off (exclusive of wages of public holidays and paid days off prescribed by the
Labor Code) is at least 300% of actual hourly wage on a normal working day.
This rate is applied to employees receiving daily wages.
Employees receiving daily wages are those whose
wages are paid daily according to the employment contract and do not include
wages of public holidays and paid days off prescribed by the Labor Code.
2. With regard to piece workers who receive
overtime pay when the employees and the employer reach an agreement on overtime
work in additional to normal working hours to increase the quantity of
completed products or works in additional to the agreed workload, overtime pay
is calculated as follows:
Overtime pay
=
Piece rate on a
normal working day
x
At least 150% or
200% or 300%
x
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Where:
b) The overtime pay for products done on a normal
working day is at least 150% of piece rate on a normal working day.
b) The overtime pay for products done on a weekly
day off is at least 200% of piece rate on a normal working day.
c) The overtime pay for products done on public
holiday or paid day off is at least 300% of piece rate on a normal working day.
Article 7. Pay for night work
Employees working at night as prescribed in Clause
3 Article 25 of Decree No. 05/2015/NĐ-CP shall be paid as follows:
1. With regard to employees receiving time-based
wages:
Pay for night work
=
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+
Actual hourly wage
on a normal working day
x
At least 30%
x
Number of night
work hours
Where: Actual hourly wage on a normal working day
is determined in accordance with Point a Clause 1 Article 6 of this Circular.
2. With regard to piece workers:
Pay for night work
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Piece rate
on a normal working day
+
Piece rate
on a normal working day
x
At least 30%
x
Number of products
completed at night
Article 8. Pay for overtime
night work
Employees working overtime at night as prescribed
in Clause 4 Article 25 of Decree No. 05/2015/NĐ-CP shall be paid as follows:
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Pay for overtime
night work
=
Actual hourly wage
on a normal working day
x
At least 150% or
200% or 300%
+
Actual hourly wage
on a normal working day
x
At least 30%
...
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+ 20% x
Hourly wage during
the day on a normal working day or weekly day off or public holiday or paid
day off
x
Number of night
work hours
Where:
a) Actual hourly wage on a normal working day is
determined in accordance with Point a Clause 1 Article 6 of this Circular;
b) Hourly wage during the day on a normal working
day or weekly day off or public holiday or paid day off is determined as
follows:
- Hourly wage during the day on a normal working
day is at least 100% of hourly wage on a normal working day if the employee
does not work overtime during the day on that day (before working overtime at
night); at least 150% of hourly wage on a normal working day if the employee
works overtime during the day on that day (before working overtime at night).
- Hourly wage during the day of a weekly day off is
at least 200% of actual hourly wage on a normal working day.
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2. With regard to piece workers:
Pay for overtime
night work
=
Piece rate
on a normal working day
x
At least 150% or
200% or 300%
+
Piece rate
on a normal working day
x
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+ 20% x
Piece rate
during the day on a normal working day or weekly day off or public holiday or
paid day off
x
Number of products
done while working overtime at night
Where:
a) Piece rate during the day on a normal working
day or weekly day off or public holiday or paid day off is determined as
follows:
- Piece rate during the day on a normal
working day is at least 100% of piece rate on a normal working day if the
employee does not work overtime during the day on that day (before working
overtime at night); at least 150% of piece rate on a normal working day if the
employee works overtime during the day on that day (before working overtime at
night);
- Piece rate during the day of a weekly day off is
at least 200% of that on a normal working day.
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Article 9. Effect
1. This Circular comes into force from August 08,
2015.
2. The regulations of this Circular are applied
from the effective date of Decree No. 05/2015/NĐ-CP.
3. Ministers, Heads of ministerial agencies, Heads
of Governmental agencies, Presidents of the People’s Committees of provinces
are responsible for providing guidance, supervising, and inspecting the
implementation of this Circular.
Difficulties that arise during the implementation
of this Circular should be reported to the Ministry of Labor, War Invalids and
Social Affairs for timely instructions./.
PP MINISTER
DEPUTY MINISTER
Pham Minh Huan