Thông tư 11/2017/TT-BLDTBXH

CIRCULAR

GUIDELINES FOR THE IMPLEMENTATION OF SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 61/2015/ND-CP DATED JULY 09, 2017 ON JOB CREATION POLICIES AND NATIONAL EMPLOYMENT FUND IN TERMS OF TEMPORARY EMPLOYMENT POLICY

Pursuant to the Government’s Decree No. 14/2017/ND-CP dated February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Labour, War Invalids and Social Affairs;

Pursuant to the Government’s Decree No. 61/2015/ND-CP dated July 09, 2015 on job creation policies and National employment fund (hereinafter referred to as “Decree No. 61/2015/ND-CP”);

At the request of the Director General of Employment,

The Minister of Labour, War Invalids and Social Affairs promulgates a Circular on guidelines for the implementation of some articles of the Government’s Decree No. 61/2015/ND-CP dated July 09, 2017 on job creation policies and national employment fund in terms of temporary employment policy.

Article 1. Scope

This Circular provides guidelines for the implementation of some articles on employees applying for participation in the projects or operations of adopting the temporary employment policy; regulations applicable to employees participating in the projects or operations which adopt the temporary employment policy and are executed by local communities under the regulations of the Law on bidding (hereinafter referred to as “employees of community-based projects”) and report on the implementation of temporary employment policy under regulations in the Decree No. 61/2015/ND-CP.

Article 2. Regulated entities

1. The employees who are defined in Clause 1 Article 3 of the Law on employment and legally reside in the locality where the projects or operations adopting temporary employment policy are executed.

2. Agencies, enterprises, organizations and individuals relating to contents prescribed in this Circular.

Article 3. Application for the participation in the projects or operations adopting temporary employment policy

An employee shall submit the application for participation in projects or operations adopting temporary employment policy to People’s Committee of commune, ward or town where he/she legally resides (hereinafter referred to as “Commune-level People’s Committee”). The application form must have the following primary contents:

1. Full name, sex;

2. Date of Birth;

3. ID Card/Citizen ID/ Passport Number, Date of issue and Place of issue;

4. Professional qualifications, Occupational skills (if any);

5. Place of residence;

6. Prioritized subjects (if any);

- Ethnic Minority People;

- People in poor households

- People in near-poor households

- People in households with agriculture land appropriation

- Unemployed people;

- Underemployed people;

- People in agriculture-based households

7. Work experience

Article 4. The wage of the employees of community-based projects

Employees’ wage is paid according to the agreement with employees of community-based projects and based on their actual working time, work quality and volume. To be specific:

1. If the employee works 8 hours a day and 26 days a month, the wage shall be paid on a monthly basis and shall not be lower than the regional minimum wage paid those working in the place where the projects or operations are being carried out;

2. If an employee works less than 8 hours a day or 26 days a month, the wage shall be paid on an hourly basis and shall not be lower than the regional minimum wage paid those working in the place where the projects or operations are being carried out;

3. In case the employee works overtime as prescribed in Clause 3 Article 5 of this Circular, the wage shall be paid on an hourly basis for overtime working as prescribed in Clause 2 of this Article.

Article 5. The working time and rest time of the employees of community-based projects

The organization and arrangement of working time and rest time shall be approved by the employees of community-based projects but comply with the following regulations:

1. The working time must not exceed 8 hours a day;

2. The employee must have at least 1 day off (24 consecutive hours) every week. In special cases, the employee is not able to take weekly rest due to the work cycle, the employee may take monthly rest on the basis of at least 04 days per month.

3. In case the employee has to work overtime, the sum of normal working hours and overtime working hours must not exceed 12 hours a day;

Article 6. The occupational safety and hygiene of the employees of community-based projects

1. The employees of community-based projects shall receive the occupational safety and hygiene benefits as follows:

a) Get support for training of occupational safety and hygiene when performing work with strict safety and hygiene as prescribed in Article 32 Decree No. 44/2016/ND-CP dated May 15, 2016 of the Government detailing some articles of the Law on occupational safety and hygiene, technical inspection of occupational safety, training of occupational safety and hygiene and monitoring of occupational environment and guiding documents.

b) Participate in and receive benefits of voluntary insurance for occupational accidents specified by the Government.

c) Request investors to provide information on the occupational safety and hygiene in conformity with the actual conditions of the locality as prescribed in Clause 3 Article 12 of the Law on the occupational safety and hygiene and guiding documents.

d) The project owners shall buy compulsory insurance for construction investment and compulsory insurance for professional liability for employees as prescribed.

2. The employees of community-based projects must meet the following obligations of occupational safety and hygiene:

a) Take responsibility for occupational safety and hygiene of their work as prescribed;

b) Ensure occupational safety and hygiene for those involved during the course of work.

c) Inform the local government about actions threatening occupational safety and hygiene so that they can take timely measures to prevent such ones.

d) Report the occupational accidents to the Commune-level People’s Committee where the accident occurs as prescribed in Clause 3 Article 10 of the Government’s Decree No. 39/2016/ND-CP dated May 15, 2016 on detailing some articles of the Law on occupational safety and hygiene and guiding documents.

3. The responsibilities of project owners for employees of community-based projects in terms of occupational safety and hygiene are as follows:

a) Create favorable conditions for employees to work in a safe and hygienic working environment and receive the benefits as prescribed in Point a and b Clause 1 of this Article.

b) Ensure the regulations applicable to employees as prescribed in Point c and d Clause 1 of this Article.

c) Coordinate and create favorable conditions for employees to meet the obligations as prescribed in Clause 2 of this Article.

Article 7. Report the implementation of temporary employment policies

1. Before the fifth day of every month, the representative of the employees of community-based projects as prescribed in the Law on bidding shall report the People’s Committee of the commune where the projects or operations are being carried out the implementation of regulations applicable to employees of the preceding month. In case a project or operation is executed within a period of shorter than 1 month, the representative of employees of community-based projects shall report the People’s Committee of the commune where such project or operation is executed the implementation of regulations applicable to employees within 5 days from the date of completion of such project or operation.

The Commune-level People’s Committee shall publish the implementation of regulations applicable to employees of community-based projects to serve the supervision by local communities and socio-political organizations as prescribed in Article 9 of the Decree No. 61/2015/ND-CP.

2. Annually, the Commune-level People’s Committee shall submit reports on results of the projects or operations adopting temporary employment policies to which the Commune-level People’s Committee is the project owner to People’s Committees of districts, towns or provincial cities (below collectively referred to as “District-level People’s Committees”) through the Division of Labour, War Invalids and Social Affairs before November 25 according to the Form No. 1 enclosed with this Circular.

3. Annually, the District-level People’s Committee shall submit reports on the results of the projects or operations adopting temporary employment policies to which the District-level People’s Committee is the project owner according to the Form No. 01 and reports on the results of the projects or operations adopting temporary employment policies in such district according to the Form No. 02 enclosed with this Circular to People’s Committees of provinces and centrally run cities (below collectively referred to as “Provincial-level People’s Committees”) through the Department of Labour, War Invalids and Social Affairs before December 05.

4. Annually, the Provincial-level People’s Committee shall submit reports on the results of the projects or operations adopting temporary employment policies to which the Provincial-level People’s Committee is the project owner according to the Form No. 01 and reports on the results of the projects or operations adopting temporary employment policies in such province according to the Form No. 03 enclosed with this Circular to the Ministry of Labour, War Invalids and Social Affairs before December 15.

Article 8. Effect and Implementation responsibility

1. This Circular comes into force from June 15, 2017.

2. Ministries, ministerial-level agencies, People’s Committees at various levels and relevant agencies, entities and individuals are responsible for implementing this Circular.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Labour, War Invalids and Social Affairs.