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.
- LEGAL BASIS
- 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 of the Labor Code.
- CONTENT
- Subjects must have written labor regulations
Enterprises employing 10 or more employees.
- Contents of labor regulations
– Working time, rest time: Regulations on normal working hours in 01 day, 01 week; shift; the time of starting and ending the shift; overtime (if any); overtime in special cases; the time of short breaks outside of the break time; shift leave; weekly holidays; annual leave, personal leave, unpaid leave.
– Order at work: Regulations on the scope of work, travel during working hours; behavior culture, dress; comply with the assignment and mobilization of the employer (except for cases where the risk of occupational accidents, occupational diseases, and serious threats to his/her life and health is clearly seen).
– Occupational safety and hygiene at the workplace: Responsibility for mastering regulations on occupational safety and hygiene, fire and explosion prevention; comply with measures to ensure occupational safety and hygiene, and prevent occupational accidents and diseases; comply with internal rules, processes, regulations and standards on occupational safety and hygiene; use and maintain personal protective equipment; cleaning, decontamination and disinfection at the workplace.
– Protection of assets, technology secrets, business secrets, intellectual property of the employer: List of assets, documents, technology secrets, business secrets, intellectual property must be protection within the scope of assigned responsibility.
– Violations of labor discipline, forms of labor discipline and material responsibility: List of violations, severity of violations corresponding to forms of labor discipline; extent of damage, liability to compensate for damage.
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 process of registering 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 date of receipt of the application for registration of labor regulations, in case 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.
