Publicly organize the employment plan together with the equitization plan at the Employee Conference (irregular) and submit to the competent authority for approval before submitting the equitization plan.

Through receiving and responding system to businesses' recommendations, Ms. Nguyen Thi Nga, Hue Tourism Investment Co., Ltdwould like to ask for guidance on a number of problems when developing an equitization plan as follows:

- When developing a plan of employment before the equitization plan built, what will the enterprise base on when there is no approved organizational structure plan and the criteria for selection of redundant employees?

- The publication of the employment plan for the company restructuring plan in accordance with Clause 8, Article 3 of Circular 44/2015 / TT-BLDTBXH and completion of the employment plan in the arrangement plan. What is the company re-submitting to the competent agency for approval of the company reorganization plan as prescribed in Clause 9, Article 3 of Circular 44/2015 / TT-BLDTBXH when the employment plan is approvedbefore and when it is completed, does it need to be re-publicized at the Employee Conference? according to Decree 126/2017 / ND-CP before, enterprises had to hold a Conference of Employees to consider the plan of employment and the 2nd Employee Conference to consider equitization plan)?

- The expected time of contract termination for redundant employees as specified in Step 4, Appendix 2 of Circular 07/2018 / TT-BLDTBXH is understood before or after the decision on approving the ancient plan. enterprise partization?

- Does the time to calculate the purchase of preference shares as well as the time to calculate the regime for redundant employees, and the time to calculate the distribution of bonus and welfare funds according to Circular 07/2018 / TT-BLDTBXH includesthe actual time the employee is working at the enterprise but has not participated in social insurance?

Regarding this issue,, The Department of Labor Relations and Wages, the Ministry of Labor, War Invalids and Social Affairs responded as follows:

Decree No. 126/2017 / ND-CP dated November 16, 2017 of the Government stipulating the transformation of state-owned enterprises and one-member limited liability companies with 100% charter capital invested by state-owned enterprises into joint stock companies (Article 1). Pursuant to Decree No. 126/2017 / ND-CP, the Ministry of Labor, War Invalids and Social Affairs promulgating Circular No. 07/2018 / TT-BLDTBXH dated August 1, 2018 guiding the formulation of plans for employment of employees. Divideing the rest of surplus by Decree No. 126/2017 / ND-CP dated November 16, 2017 of the Government stipulating the transformation of state-owned enterprises and one-member limited liability companies with 100% charter capital invested by state-owned enterprises into joint stock companies (Article 1). Pursuant to Decree No. 126/2017 / ND-CP, the Ministry of Labor, War Invalids and Social Affairs promulgating Circular No. 07/2018 / TT-BLDTBXH dated August 1, 2018 guiding the formulation of plans for employment of employees.

Decree No. 63/2015 / ND-CP dated July 22, 2015 of the Government stipulating policies for redundant employees in state-owned one-member limited liability companies, which are reorganized according to plans approved by competent authorities, including: equitization, sale, transformation into a two or more member liability company, transformation into a non-business unit, merger, consolidation, division, separation, dissolution bankruptcy. by the employees' ordinary commendation fund, welfare fund, subjects, and working time to calculate shares purchase at preferential prices of employees in state-owned enterprises and companies. and one member limited liability company with 100% charter capital invested by a state-owned enterprise into a joint stock company in accordance with the provisions of Decree No. 126/2017 / ND-CP dated November 16, 2017 of the Government (Article 1) .

Decree No. 63/2015 / ND-CP dated July 22, 2015 of the Government stipulating policies for redundant employees in state-owned one-member limited liability companies, which are reorganized according to plans approved by competent authorities, including: equitization, sale, transformation into a two or more member liability company, transformation into a non-business unit, merger, consolidation, division, separation, dissolution bankruptcy.

Based on the above provisions, when the enterprise conducts equitization, the enterprise shall develop a plan for employment of employees and implement policies for employees according to Decree No. 126/2017 / ND-CP. and Circular No. 07/2018 / TT-BLDTBXH above; In the case in the labor employment plan with a list of employees, the full-time representative of the capital share of the equitized enterprise in another enterprise cannot arrange a job and must terminate the labor contract or take leave. (redundant employees), the calculation and settlement of benefits for redundant employees comply with the Government's Decree No. 63/2015 / ND-CP and Circular No. 44/2015. / TT- BLDTBXH dated October 22, 2015 of the Ministry of Labor - Invalids and Social Affairs.

Pursuant to the provisions at Points a and b, Clause 6, Step 1, Appendix II issued together with the Government's Decree No. 126/2017 / ND-CP dated November 16, 2017, the Steering Committee shall direct the coordinating team. with enterprises, consulting organizations to develop plans for labor use, plans for equitization; publicly organize the employment plan together with the equitization plan at the Employee Conference (irregular) and submit to the competent authority for approval of the plan of labor use before submitting the equitization plan .

According to the provisions in Appendix 1, the process of developing the employment plan issued together with the Circular No. 07/2018 / TT-BLDTBXH dated August 1, 2018 of the Ministry of Labor, War Invalids and Social Affairs, after there is a decision approving the enterprise equitization plan, the equitization steering committee shall direct the assisting team, coordinate with the equitized enterprise and the grassroots trade union executive committee to develop a plan to employ employees according to the process, in which regulations are based on the actual working situation of the enterprise, the plan of production and business in the next 3-5 years, the equitized enterprise will classify all employees at the time. enterprise valuation; reviewing and classifying according to the time of the last recruitment for the list of employees, the representative of the capital share of the full-time equitized enterprise in another enterprise cannot arrange a job and must terminate the agreement. co-labor or resignation; classifying, reviewing working time, expected time of labor contract termination (the time of terminating the labor contract and settling redundant employee regime is done after being approved by the competent authority. approve the equitization plan in accordance with the law on policies for redundant employees), calculate the regime and synthesize the expected funding source.

According to Clause 3 Article 4, Clause 2 Article 5 of Circular No. 07/2018 / TT-BLDTBXH dated August 1, 2018 of the Ministry of Labor, War Invalids and Social Affairs, the working time is used to calculate the remaining share. cash balance Bonus fund, welfare fund and share purchase at preferential prices regardless of the time the employee participates in social insurance. The calculation of the regime for redundant employees is specified in Decree No. 63/2015 / ND-CP and Circular No. 44/2015 / TT-BLDTBXH above.