How is the number of employees required to formulate labor regulations in companies?

Thu, 05 Sep 2019 18:58:00  |  Print  |  Email   Share:

Article 119 of the 2012 Labor Code provides for internal labor regulations as follows:

1.  The employer who employs from ten (10) or more employees must have the labour rule in writing.

2. The contents of the labour rule must not be contrary to the law on labor and other regulations of the relevant law. The labor rule includes the following essential contents:

a) Working hours and rest time;

b) Order at the workplace;

c) Labor safety and hygiene at the workplace; d) Protection of assets and business and technology secrets and intellectual property of the employer;

dd) Acts of violation of the labor rule of the employee and the forms of labor discipline and material responsibility

3. Before issuing the labor rule, the employer must consult the representative organization of the labor collective at the grassroots level.

4. The labor rule must be notified to the worker and the main contents must be posted at necessary places within the enterprise.

Article 27 of the Decree 05/2015 dated January 12, 2015 detailing and guiding the implementation of a number of contents of the Labor Code stipulating labor regulations, including the following contents:

1.   Working time and rest time : regulations on normal working hours in 01 day, 01 week; shift; starting and ending time of the work shift; overtime (if any); overtime in special cases; short breaks beside break time; shift exchange breaks; weekly leave; annual leave, personal leave, unpaid leave .

 2. Order at workplace: Regulations on work scope, moving around in work time; behavioral culture, costumes; compliance with assignment, appointment of the employers (unless obvious risk of occupational accidents, occupational diseases, serious threat the lives and health of the employees).

3. Labor safety, labor hygiene at workplace : Responsibilities for mastering the labor hygiene and safety, fire prevention ; compliance with measures to ensure labor hygiene and safety, prevention against occupational accidents and occupational diseases; compliance with rules, procedures, regulations and standards of labor hygiene and safety; use and maintenance of personal safety equipment; hygiene, decontamination, sterilization at work.

4. Protection of assets and technological and business secrets and intellectual property of the employer: List of assets, documents, technological and business secrets and intellectual property that must be protected within the scope of the assigned responsibilities

5. Employees’ violations against labor discipline, forms of dealing with violations against labor discipline, and material responsibilities shall include: List of violations, the degree of violation in proportion to the form of handling the labor discipline; extent of the damage, liability for indemnity of damages

To register the internal labor regulations, you can submit to the provincial labor state management agency a dossier set including:

- Written request for registration of labor regulations;

- The employer's documents containing regulations related to labor discipline and material responsibility;

- The minutes of consultation of the representative organization of the labor collective at the grassroots level;

- Labor regulations.

Lawyer, Master Pham Quoc Bao

Bao Ngoc Law Firm, Hanoi

According to VnExpress

By: Online Newspaper of the Government / Translator: HaiYen-Bizic

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