Headlines 02/07/2019 07:56 SA

New labor - salary policies coming into force from July, 2019

Kiều Nga

THƯ VIỆN PHÁP LUẬT would like to introduce some new notable policies that will come into force from the beginning of July, 2019 (1st– 10th of July, 2019):

1. From July 10, 2019: annul 11 documents regarding the Labor – Salary aspects

This is the notable content of Circular No. 09/2019/TT-BLĐTBXH which annuls certain legislative documents promulgated or jointly promulgated by the Minister of Labor - War Invalids and Social Affairs and comes into force from July 10, 2019.

According to the Circular, 11 documents regulating the relation between labor – salary have been annulled, some primary examples are:

- Joint Circular No. 11/2000/TTLT-BLĐTBXH-BTC providing guidance on adjustments of salaries and allowances in enterprises.

- Joint Circular No. 32/2007/TTLT-BLĐTBXH-TLĐLĐVN providing guidance on organization of employee assemblies in the joint-stock companies and limited liability companies.

- Circular No. 14/LĐTBXH-TT on amendments to Circular No. 05/LĐTBXH-TT-1996 providing guidance on imposition of administrative sanctions for failure to sign employment contracts

- Joint Circular No. 22/1999/TTLT-BLĐTBXH-BTC providing guidance on preparation of statements of actual salaries that are 2 or 3 times higher than the average salary paid by enterprises paying salaries under state regulations .

In addition, this Circular also annuls other documents on employment; occupational safety and hygiene, occupational education, etc.  starting from July 10, 2019.

2. New regulations on employing officials without examinations

According to Circular No. 03/2019/TT-BNV on the amendments to regulations on employing public officials and public employees, increasing officials rank… and the implementation of contracts in a number of positions in the State Administrative Agencies and public service providers:

From July 01, 2019, the persons eligible for being employed as officials without examination specified in Article 19 Decree No. 24/2010/NĐ-CP (amended by Decree No. 161/2018/NĐ-CP of the Government) are:

- Employees of public service providers who have been employed as public employees at least 5 years (60 months) or longer in the positions (excluding internship time);

- Employees on payrolls in the armed forces (army, public security) and cipher officers with at least 05 years in the positions calculating from the moment of official decision on employment.

- Workers whose work duration with compulsory social insurance is at least 60 months (excluding internship time) are:

+ The Chairpersons of the Board of Members, the President of the Company, members of the Board of Members, the Controllers, the General Director, the Deputy General Director, the Director, the Deputy Director, the Chief Accountant of the wholly state-owned Single-member limited liability companies;

+ The representatives for the state capital who hold managerial ranks (the Chairpersons of the Board of Directors, the Chairpersons of the Board of Members, members of the Board of Directors, the General Director, the Deputy General Director, the Director, the Deputy Director) of the enterprises whose charter capital is held 50% by the State.

Thus, the new regulation on employing officials without examinations excludes the following entities:

- Individuals who graduated with summa cum laude from domestic higher education institutions;

- Overseas graduates, postgraduates ranked as good or excellent.

This Circular comes into force from July 01, 2019.

3. New occupational safety regulations on working in hazardous environments

This detail is specified in Circular No. 29/2018/TT-BLĐTBXH on National Technical Regulation QCVN 34:2018/BLĐTBXH on occupational safety while working in hazardous environments (comes into force from July 01, 2019).

According to the Circular, hazardous factors are factors that can lead to death, injury, prostration, asthenia, occupational diseases if exposed to. Such factors can be:

- Air containing toxic or dangerous substances in gas or dust form that can infiltrate via the respiratory system;

- Chemicals that can cause chemical exposures via physical contact;

- Combustible, explosive substances in solid, liquid, dust or gas form that can ignite or explode at high temperature;

- Components that carry electric charges, unstable power sources that can lead to electric shock …

4. Decree No. 38/2019/NĐ-CP on statutory pay rates of officials, public employees and armed forces and Decree No. 44/2019/NĐ-CP on amendments to pensions, social insurance and monthly benefit come into force from July 01, 2019 (Click here for more details).

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