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THE
MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.:
13/2003/TT-BLDTBXH
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Hanoi,
May 30, 2003
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CIRCULAR
GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF DECREE
NO.114/2002/ND-CP DATED DECEMBER 31, 2002 OF THE GOVERNMENT REGARDING WAGES OF
LABORERS WORKING IN THE ENTERPRISES OPERATING UNDER THE LAW ON ENTERPRISES
Implementation of the Decree No.114/2002/ND-CP
of December 31, 2002 of the Government detailing and guiding the implementation
of some Articles of the Labor Code on wages, after consultation with the
concerned Ministries and agencies, the Ministry of Labour - Invalids and Social
Affairs guides the implementation of wages of employees working in enterprises
operating under the Enterprise Law as follows:
I. SUBJECTS
AND SCOPE OF APPLICATION.
Subjects and scope of
application of wages under the provisions of this Circular are laborers working
under regime of labor contracts in the following organizations:
1 / Enterprises established and
operating under the Enterprise Law, including:
a) Limited liability companies;
b) Shareholding companies;
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d) Private enterprise.
2 / Organizations and
individuals that employ laborers, including: cooperatives, farm, artel,
households, individuals, and other organizations.
The enterprises, companies,
organizations, units and individuals mentioned above are referred to as
enterprises.
II. MINIMUM
WAGE LEVEL.
The minimum wage level in
accordance with Article 4 of Decree No.114/2002/ND-CP is specified as follows:
1 / The minimum wage level
applying from January 01, 2003 for laborers doing the simplest works
(untrained) with normal working conditions in enterprises not less than the
general minimum wage level is 290,000 VND/month according to provisions in the
Decree No.03/2003/ND-CP dated January 15, 2003 of the Government.
When the state adjusts general
minimum wage, comply with such new regulations.
2 / Based on labor productivity,
efficiency of production and business, enterprises may set a minimum wage level
higher than general minimum wage level stipulated by the Government as a basis
for payment of wages to employees.
III. WAGE
SCALE, PAYROLL, AND ALLOWANCES.
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a) The enterprises are
responsible for formulating wage scale, payroll, and technical rank standards
of workers, titles, professional criteria of officials as a basis for signing
labor contracts and collective labor agreements, identifying wage funds, paying
wages, and settling other benefits for laborers.
The formulation of the wage
scale and payroll must ensure the principles prescribed in clause 1, Article 5
of Decree No.114/2002/ND-CP, enterprises select method in Appendix 1 attached
to this Circular or apply other appropriate methods to formulate wage scales,
payroll.
b) When formulating and
promulgating the wage scale and payroll, the enterprises must consult the
Executive Committee of the grassroots trade union or Executive Committee or the
provisional trade union and publicize in the enterprises before applying.
c) The enterprise must register
system of wage scale and payroll with the state management agencies of labor in
the provinces and centrally-run cities where enterprises locate their head
offices within one month from the date of publication of applying the wage
scale, payroll. Dossiers consist of a written request, together with the system
of wage scale and payroll formulated by enterprises.
2 / Wage allowance:
In addition to formulating wage
scale, payroll as prescribed above, the enterprises may stipulate the wage
allowances or apply the wage allowance regime stipulated by the Government for
state-owned enterprises to pay for laborers.
IV. LABOR
NORMS.
Labor norms under clause 2, 3,
Article 5 of Decree No.114/2002/ND-CP are specified as follows:
1 / Enterprises are responsible
for setting system of labor norms to determine the labor plan, organize, and
use laborers and pay salary to laborers. The formulation of labor norms must
ensure the principles provided for in clause 2, Article 5 of Decree
No.114/2002/ND-CP.
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a) Enterprises establish Council
of labor norms to organize the formulation or review, adjustment and
supplementation of the system of labor norms applied in the enterprises. The
compositions of the Council comprise of corporate director, some members who
are qualified, technical and professional qualifications chosen by the director
and representative of the grassroots trade union executive committee or
provisional trade union executive committee.
b) Based on the actuality of organization
of production, labor, enterprises choose the method of formulating labor norms
in Appendix 2 attached to this Circular or apply the method of formulating the
other suitable labor norms to formulate labor norms ensuring the above
principles.
c) Annually, enterprises
organize to valuate situation to implement the labor norms to modify and
supplement to suit to the organization of production, labor. If the labor norms
implemented less than 5% or more than 15% compared with the norms assigned, within
three months, the enterprises must consider and adjust accordingly.
3 / As formulating, modifying,
supplementing labor norms, the enterprises must consult the Executive Committee
of the grassroots trade union or Executive Committee of provision trade union
and publicize in the enterprise.
V. PAYMENT
MODE.
1 / Form of payment:
Form of wage payment under
Article 7 of Decree No.114/2002/ND-CP is specified as follows:
a) The time-based wage (monthly,
weekly, daily or hourly), applied to those working as manager, specialist,
technician and with professional skill; those who do the work under the line of
technology, machinery and equipment and those who work that time-based wage
payment is more effective than other forms of payment.
b) The piecework wage, applied
to individuals or group of employees, based on the extent of completion of the
quantity and quality of products assigned.
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Based on the above method of
payment, enterprises select form of payment consistent with the nature of work
and conditions of production, business, and associating wage with the outcome
of work, ensuring to encourage the employees to improve efficiency,
productivity of labor. The choice or change of the payment form must be stated
in labor contracts and collective labor agreements.
2 / Overtime Payment:
Payment of wage when employees
work overtime in accordance with clause 1, 2 and 3, Article 10 of Decree
No.114/2002/ND-CP is specified as follows:
a) For laborers who are paid
based on time, if they work overtime, the enterprises must pay overtime by the
method of calculation as follows:
Overtime Wages
=
Time-based wage actually paid
x
150% or 200% or 300%
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number of hours worked
overtime
In which:
- Hourly wage actually paid is
determined on the basis of monthly salary actually paid that the employees work
overtime (except for overtime wage, extra payment for night work, bonuses and
other incomes without wage nature) divides by the number of hours actually
worked in the month (excluding overtime) but not more than 208 hours for jobs
with normal working conditions, working environment or the 156 hours for jobs
with hazardous or dangerous, extremely hard working conditions. Where the daily
wage payment, the hourly wage actually paid is determined on the basis of
salary actually paid of such working day (except for overtime, extra payment
for night work, bonuses and other incomes without wage nature) divides by the
number of hours actually worked during the day (not including overtime) but not
more than 8 hours for jobs with the normal labor conditions, working
environment or 6 hours for jobs with hazardous or dangerous, extremely hard working
conditions;
- The 150% rate, applied to
overtime on weekdays;
- The 200% rate, applied to
overtime on weekends stipulated in Article 72 of the Labor Code;
- The 300% rate, applied to
overtime on holidays, on leave with wage payment (such 300% rate was included
payment for time off to be fully paid under Articles 73, 74, 75 and 78 of the
Labour Code);
- The overtime is stipulated in
Decree No.109/2002/ND-CP of December 27, 2002 of the Government amending and
supplementing some Articles of Decree No.195/CP dated December 31, 1994 of The
Government detailing and guiding the implementation of some Articles of the
Labor Code on working time, rest time.
In case of overtime work, if
laborers are arranged to be off in compensation of the overtime, the enterprises
shall pay only the difference of 50% of the hourly wage actually paid for the
work being done, if working overtime on weekdays and 100%, if working overtime
on weekends; 200%, if working overtime on holidays, on leave with wage payment.
Example 1. Wages and other
incomes actually paid in the month of Mr. A (working in normal working
conditions with the number of days actually worked by the number of working
days of enterprise is 24 days/month) is 1,013. 600 VND (including bonus is VND
150,000, extra payment for working at night is 57,600 VND; mid-shift meal is
180,000 VND; the support for travelling is 50,000 VND):
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VND 1,013,600 - (150,000 VND +
57,600 VND + 180,000 VND + 50,000 VND) = 576,000 VND.
- Hourly wage actually paid is:
576,000 VND: (24 days x 8 hours)
= 3,000 VND.
- Overtime wage of an hour on
weekdays is paid is:
VND 3,000 x 150% x 1 hour = VND
4,500.
If Mr. A is arranged to be off in
compensation for the overtime, the enterprise pays only the difference compared
to the wage of existing job on weekdays, one hour is:
4,500 VND - VND 3,000 = 1,500
VND
Example 2. Hourly wage actually
paid of Mr. A as example 1, if he works overtime an hour on weekends, he will
be paid 6,000 VND (VND 3,000 x 200% x 1 hour). If Mr. A is arranged to be off
in compensation for the overtime, the enterprise pays only the difference
compared to the wage of existing job on weekdays, one hour is 3,000 VND (6,000VND
- 3,000 VND);
Example 3. Hourly wage actually
paid of Mr. A as example 1, if he works overtime an hour on public holidays, on
leave with wage payment, he shall be paid 9,000 VND (VND 3,000 x 300% x 1
hour). If Mr. A is arranged to be off in compensation for the overtime, the
enterprise pays only the difference compared to the wage of existing job on
weekdays, one hour is 6,000 VND (VND 9,000 - 3,000 VND).
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Example 4. Wage unit price of
product B done in standard time is VND 1,000/product, If the enterprise
requires to work further beyond norms and out of standard time, the wage unit
price of products done extra is paid as follows:
- 1,500 VND/product, if the
products are made on weekdays (VND 1,000 x 150%);
- 2,000 VND/product, if the
products are made on weekends (VND 1,000 x 200%);
- 3,000 VND/product, if the
products are made on holidays, on leave with wage payment (VND 1,000 x 300%)
3 / Wages paid for working at
night:
Wages of laborers working at
night under clause 4, Article 10 of Decree No.114/2002/ND-CP is specified as
follows:
a) For laborers paid wages based
on time, if they work at night, the enterprises must pay wages for working at
night, by the method of calculation as follows:
Wage
working at night
=
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x
130%
x
Number
of hours working at night
In which:
- Time-based wage actually paid
is calculated according to section a, point 2 above;
- The 130% rate includes time-based
wage actually paid working during the day and 30% of time-based wage actually
paid working at night;
- The Time to work at night as
prescribed in Article 6 of Decree No.195/CP dated December 31, 1994 of the
Government is determined from 22 pm of the previous day to 6 am of the next day
for the provinces, cities from Thua Thien - Hue to the north; from 21 pm of the
previous day to 5 am of the next day for the provinces, cities from from Da
Nang southward;
Example 5. Wages actually paid
of the work being done during daytime of an hour is 2,000 VND, if laborers work
at night, the wages of an hour working at night to be paid is:
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b) For laborers who are paid
wage by piecework:
Wage
unit price paid for products made at night
=
Wage
unit price paid for products made in standard time at daytime
x
130%
Example 6. Wage unit price made
in standard time at daytime of the product C is 1,000 VND, the wage unit price
paid for such product as made at night is VND 1,300 (VND 1,000 x 130%) and
based on the number of products made at night to pay salaries based on actual
performance.
c) Where the laborers work
overtime at night, overtime wages are calculated as follows:
- For laborers paid based on
time:
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=
Time-based
wage actually paid
x
130%
x
150%
or 200% or 300%
x
number
of overtime hours at night
Example 7. The laborers who work
at night 1 hour paid 2,600 VND (eg 5), if they work overtime at night on
weekdays, an hour is paid as:
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- For laborers paid wages by
piecework:
Wage
unit price paid for products made at night
=
Wage
unit price of products made at night
x
150%
or 200% or 300%
Example 8. Wage unit price of
product C made at night is paid VND 1,300 (eg 6), if the product C is made at
night on weekdays, the wage unit price is paid as:
VND 1,300 x 150% = 1,950 VND.
d) Wages for overtime work,
working at night specified in points 2 and 3 above shall be taken in the annual
wage fund corresponding to the plans of production and business. In case of
generating number and volume of new works not yet specified in the wage fund of
the annual plan, the enterprises need their laborers to work overtime, working
at night, then such wages for overtime works, working at night are supplemented
into the wage fund of enterprises and accounted for in costs or fee of
circulation.
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4 / Mode of wage rank increase:
The mode of wage rank increase
pursuant to clause 2, Article 6 of Decree No.114/2002/ND-CP is specified as
follows:
a) Each year, based on work requirements,
the situation of production, trading, after consulting the Executive Committee
of the grassroots trade union or Executive Committee of the provisional trade
union, the enterprises make plan and organize to increase the wage rank for
employees working in the enterprises.
b) The employees who have full
the following conditions shall be considered to increase an annual wage:
- Having the time to work at
enterprise for at least 1 year (full 12 months);
- Regularly completing the
assigned works on quantity and quality under the labor contract signed;
- Not in the time of execution
of labor discipline under the provisions of the Labor Code and labor internal
rule of the enterprises.
c) The regime of wage rank
increase for laborers must be stated in labor contracts and collective labor
agreements. To encourage the employers to increase wage rank early for talented
workers, contributed to efficiency of production and business of the
enterprises.
5 / Regulation of wage payment:
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VI.
ORGANIZATION OF IMPLEMENTATION.
1 / Enterprises are responsible
for:
- Developing, promulgating, and
registering the system of wage scales, payroll applied in the enterprise with
the state management agencies of labor in the provinces and centrally-run
cities where enterprises locate their head offices. Where the amendments and
supplements of the system of wage scale and payroll are conducted, the
enterprises shall register such amendments and supplements;
- Developing and issuing
allowances, the system of labor norms and regulations on payment, bonuses, and
standards of the technical level of workers, titles, qualifications, and
professional skill employees to apply in the enterprises.
Cooperatives, farms, artels,
households and individuals that employ laborers are not required to formulate
wage scale, payroll and labor norms as prescribed in Item III and IV mentioned
above which may be applied or self-regulate properly;
- Reviewing, amending and
supplementing the labor internal rule, collective labor agreements, labor
contracts in accordance with the contents specified above;
- Directly timely disseminating
to employees the policies, regime of the State on labor, wages and income; the
provisions of the enterprises on wage scale, payroll, allowance; standards of
the technical level of workers; titles, qualifications and professional skill
employees; labor norms; regulation on wage payment and bonuses.
2 / The People's Committees of
provinces and cities under central authority direct the Departments of Labor -
Invalids and Social Affairs to be responsible for:
- Guiding the enterprises under
their management to implement policies and regimes of the state on laborers,
wages and income;
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- Checking and inspecting the
implementation of regimes and policies for employees in enterprises under their
management.
VII.
IMPLEMENTATION PROVISIONS.
This Circular takes effect after
15 days from the date of its publication on Official Gazette.
The provisions of this Circular
shall not apply to employees working in the enterprises operating under the
Enterprise Law of subjects, scope of application of Circular
No.12/2003/TT-BLDTBXH dated May 30, 2003 of the Ministry of Labour - Invalids
and Social Affairs guiding the implementation of some Articles of Decree
No.114/2002/ND-CP of December 31, 2002 of the Government on wages for employees
working in the state-owned enterprises.
To annul Circular
No.10/LDTBXH-TT dated April 19, 1995 guiding the implementation of some
Articles of Decree No.197/CP dated December 31, 1994 of the Government on wages
and Circular No.05/LDTBXH- TT dated March 22, 1995 guiding the wage rank
increase for workers and employees in the enterprises of the Ministry of Labour
- Invalids and Social Affairs./.
MINISTER
OF LABOUR, INVALIDS AND SOCIAL AFFAIRS
Nguyen Thi Hang
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METHOD OF FORMULATING WAGE SCALE, PAYROLL
(Issuing together with Circular No.13 /2003/TT-BLDTBXH dated May 30, 2003 of
Ministry of Labour, Invalids and Social Affairs)
Based on the principles of
formulating wage scales, payroll and organizational conditions of production,
business, labor organizations, and enterprises formulate wage scale, payroll
for labor of management, labor of specialization, technical and professional
labor and labor directly engaged in production and business in the following
order:
1. Job analysis.
- Conducting full statistics of
the works under each title being used in the enterprise;
- Collecting detail information
on each specific job position to identify the main tasks, sub-tasks, the
relationship of each job title and determine the professional requirements on
education level, working experience, knowledge, skills, physical conditions,
necessary working conditions of each job ....
2. Assessing the value of work.
On the basis of job analysis,
assessment of work value to determine the positions of the same works for being
grouped as a basis for determining wage scale and payroll for each group. Steps
to assess the value of work as follows:
a) Making a list of the work
elements by group of work factors mainly:
+ Knowledge and skills;
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+ Physical strength and labor
intensity;
+ Environment;
+ Responsibility.
In each group of work elements,
enterprises identify specifically elements of composition from low to high levels.
The job elements are the basis for comparison between the job positions in the
enterprise.
b) Selecting the positions to
assess: on the basis of a list of job elements, assess the work value for each
separate position in the enterprise, and compare the professional requirements
of each position.
c) Evaluating and scoring the
levels of the elements to evaluate and score the component elements according
to the levels, on that basis determining the score scale of elements to suit
each job.
d) Balancing the score scale
between the elements to assess the level of complexity or value of each element
of the overall elements composing the work, thereby adjusting the reasonable
score scale.
3. Ranking jobs.
After analyzing; assessing value
of each job, grouping the works with function and requirement of knowledge,
similar skills, each work group is defined as a rank of work, depending on the
importance of work team. The order of the work rank is carried out by the
following steps:
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- Establishment of the work rank
levels and standard of ranking;
- Stipulation of a work rank for
each work group.
4. Setting up wage scale,
payroll for each job rank.
The wage scale and payroll as
job rank determined in the following order:
a) Determination of affecting
factors, includes: competitive ability of salaries compared to other
enterprises; the provisions of law, especially compared to the minimum wage
level stipulated by state; labor productivity; knowledge, skills, experience or
seniority of the employees in the enterprises; forms of existing encouragement,
bonuses ...
b) Formulation of the wage
scale, payroll: Based on information collected and the affecting factors
considered, the formulation of wage scale and payroll is conducted in order:
- Determination of number of
wage ranks in the enterprise by getting information from the stage of job
ranking.
- Determination of number of
payroll scale in each rank based on the calculation of the points of advantage
under the working result and considers the level of complexity required for the
wage scale and payroll.
- Decision of wage level by rank
and scale./.
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ANNEX 2
METHOD OF FORMULATING LABOR NORMS
(Issuing together with Circular No.13 /2003/TT-BLDTBXH dated May 30, 2003 of
Ministry of Labour, Invalids and Social Affairs)
Based on the principles for
formulating labor norms and conditions for the organization of production,
labor organizations, enterprises set up the specific labor norms by the
following methods:
1. Method of analysis: The labor
norms are set up by dividing the production process, the process of labor, and
the job steps into component parts and study the factors that affect the time
consuming to implement such component parts. On that basis, determine the
structure and appropriate qualifications to perform the job steps, to perfect
the organization of production, labor organization, the application of
scientific achievements, new techniques, and the experiences of the advanced
manufacturing people. Depending on production conditions, enterprises can build
labor norms by method of survey analysis, calculating analysis or typical
comparison, specifically:
- Method of survey analysis: The
labor norms are set up based on the survey documents (take photos or hours) of
working time, this method is usually applied in large mass production or work
stages of the nature of the block goods. The steps to build the labor norms by
this method are as follows:
+ Analyzing and studying the
structure of job steps, determining the factors affecting the completion time
of job step;
+ Based on the criteria or
survey and research materials in the workplace to identify time of each
department of job step and time in working shifts of workers (time for
preparation, completion, operation, serve, relaxation, needs ...).
+ Using calculation method to
determine the time norm, the norm of output.
- Method of calculation
analysis: The labor norms are set up based on standard documents built
availably (standard of time, quantity...), applying mathematical methods, using
the formula to calculate the main time and other times in the norm. This method
is usually applied to mass production conditions. The steps to set up labor
norms under the method of calculation analysis as follows:
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+ Analyzing factors affecting
the consumption of time to complete each part of the job step, on that basis
determine the needed skilled level of workers, machinery and tools required,
optimizing working mode and organizing the most reasonable workplace.
+ Based on technological processes
and standards of all types of time for each part of each job step. Adding this
consumption of time, shall have the time norm for the job step.
- Typical comparison method: The
labor norms are set up based on typical consumption. Typical norm is built
under method of survey analysis with scientific basis representing for work
group with technological characteristics or the same structures content and
performance order but different from size. This method applies to small, single
conditions of production. The steps to set up labor norms by typical comparison
method are as follows:
+ Analysis of work steps is
required to perform the groups according to certain characteristics on
structure and process of technologies relatively similar. In each group, select
one or more of the typical job steps.
Identify the reasonable process
of technology and the organizational-technical conditions to perform the
typical job steps.
+ Set up the labor norm for the
typical job steps by methods of survey analysis or methods of calculation
analysis.
+ Determine the conversion
factor Ki for the job steps in the group with the convention: the coefficient
of the typical job steps by 1 (means K1 = 1), the coefficient of the remaining
job steps in the group is determined based on the analysis of
technology-specific, organizational conditions of each such job step, the
factors affecting the time consumption of completion and compared to the
typical job steps. If the organizational and technical conditions, the
affecting factors of the job steps are more convenient than the typical job
steps, then Ki <1; if it is similar to the typical job steps, Ki=1; if it is
more difficult than the typical job steps, Ki > 1.
+ Based on the norm of typical
job steps and the conversion factors Ki, determines the labor norm for each
step of job in group by the following formula:
Mtgi
= Mtg1 x Ki or Msli = Msl1 / Ki
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Mtgi is the time norm for each
job step i in group;
Mtg1 is the time norm for the
typical job steps;
Ki is the conversion factor for
the job steps in group;
Msli is the output coefficient
for each job step i in group;
Msl1 is the output norm for the
typical job steps.
2. Synthesis method: The labor
norms are set up based on the statistics documents of actual consumption time
to complete the job step, the experience accumulated by the person making the
labor norms and consult experts to determine./.