Labor regulations are like the “Constitution” of the Enterprise.
The development of labor rules is not only for employees to comply with the regulations of the enterprise but also a legal basis for rewarding and disciplining employees .
Therefore, the following DHP Law briefly introduces how to develop labor regulations so that enterprises can build their own labor rules in accordance with the law as well as the wishes of enterprises.
- MECHANISMDEPARTMENT OF LEGAL
- Labor Code 2012;
- Decree No. 05/2015/ND-CP detailing and guiding the implementation of a number of contents of the Labor Code;
- Decree No. 148/2018/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 05/2015/ND-CP dated January 12, 2015 detailing and guiding the implementation of a number of contents. content of the Labor Code.
- CONTENT
- Subjects must have written labor regulations:
Enterprises employing 10 or more employees .
- Contents of labor regulations
- Working time and rest time:
-> Regulation of normal working hours in 01 day, 01 week;
-> Shift work;
-> Overtime (if any);
-> The time of short breaks outside of the break time; shift leave; weekly holidays; annual leave, personal leave, unpaid leave.
- Order at work:
-> Specify the scope of work, travel during working hours;
-> Culture of behavior, costumes;
-> Comply with the employer’s assignment and mobilization (unless it is clear that the risk of occupational accidents, occupational diseases, seriously threatens his life and health).
- Occupational safety and hygiene in the workplace.
- Protect assets, technology secrets, business secrets, intellectual property of employers
- Violations of labor discipline, forms of labor discipline and material responsibility;
Note:
- Before promulgating labor regulations, the employer must consult with the representative organization of the labor collective at the establishment.
- Labor regulations must be notified to employees and the main contents must be posted at necessary places at the workplace.
- Procedures for registration of labor regulations
After completing the formulation of the labor regulations, the enterprise must carry out the procedures for registration of the labor regulations.
- Dossier for registration of labor regulations, including:
+ A written request for registration of labor regulations;
+ Documents of the employer with regulations related to labor discipline and material responsibility;
+ Minutes of comments of the representative organization of the labor collective at the grassroots level;
+ Labor regulations.
- The procedure for registration of labor regulations is as follows:
+ Within 10 days from the date of promulgation of the labor regulations, the employer must submit the application for registration of labor regulations to the provincial-level labor state management agency where the business is registered.
+ When receiving the complete application for registration of labor regulations, the provincial labor authority shall certify the day, month and year of receipt of the application for registration of labor regulations by the employer.
+ Within 07 working days from the day on which the application for registration of labor regulations is received, if the labor regulations contain provisions contrary to the law, the provincial-level state management agency in charge of labor shall notify such; let the employer know and guide the employer to amend, supplement and re-register the labor regulations.
+ When receiving a written notice of the labor regulations that contain provisions contrary to the law, the employer shall amend and supplement the labor regulations, consult the representative organization of the labor collective at the workplace. and re-register the labor regulations.
+ In case of amending and supplementing the effective labor regulations, the employer must consult the representative organization of the labor collective at the grassroots level and re-register the labor regulations.
+ Employers with branches, units, production and business establishments located in many provinces and centrally-run cities are responsible for sending the internal labor regulations after taking effect to the housing management agency. the labor force at the provincial level where the branch, unit, production and business establishment is located.
- Effect of labor regulations
The labor regulations take effect 15 days after the provincial-level state management agency in charge of labor receives the application for registration or re-registration of the labor regulations.
From the issues listed above, the issuance and registration of labor regulations is very important for businesses. Promulgating and registering labor rules not only helps enterprises to establish a general order in an enterprise, ensuring their rights and employees, but also demonstrates compliance with the law.
DHP Law – with many years of experience in consulting in the field of business and labor – can assist in consulting the construction and registration of labor regulations for businesses in accordance with current legal regulations.
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For legal assistance and/or enquiries, please contact:
DHP LAW
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