Văn bản hợp nhất 4246/VBHN-BLDTBXH

CIRCULAR

ON GUIDELINES FOR PROTECTION OF EMPLOYMENT STATUS OF WHISTLEBLOWERS WORKING UNDER LABOR CONTRACTS

Circular No. 08/2020/TT-BLDTBXH dated October 15, 2020 of the Minister of Labour, Invalids and Social Affairs on guidelines for protection of employment status of whistleblowers working under labor contracts, coming into force as of December 1, 2020, amended by:

Circular No. 09/2021/TT-BLDTBXH dated September 7, 2021 of the Minister of Labour, Invalids and Social Affairs on amendments to Circular No. 08/2020/TT-BLDTBXH dated October 15, 2020 of the Minister of Labour, Invalids and Social Affairs on guidelines for protection of employment status of whistleblowers working under labor contracts, coming into force as of November 1, 2021.

Pursuant to the Whistleblowing Law dated June 12, 2018;

Pursuant to the Government’s Decree No. 31/2019/ND-CP dated April 10, 2019 on guidelines for implementation of the Whistleblowing Law;

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

At the request of the Chief Inspector of Ministry of Labor, War Invalids and Social Affairs;

The Minister of Labor, War Invalids and Social Affairs promulgates a Circular on guidelines for protection of employment status of whistleblowers working under labor contracts.1

Article 1. Scope

This Circular set forth procedures for protection of employment status of whistleblowers (labor contract-based employees) and their relatives, including: spouse, natural father, natural mother, adoptive father, adoptive mother, natural child or adoptive child of the whistleblower (hereinafter referred to as the protectees); responsibilities of agencies, organizations and individuals in the protection of protectee’s employment status.

Article 2. Regulated entities

This Circular applies to:

1. Protectees; alleged wrongdoers on the whistleblower’s report; persons who address wrongdoing.

2. Competent authorities that enforce protection of employment status of protectees (hereinafter referred to as enforcing authorities) and relevant agencies, organizations, and individuals.

Article 3. Interpretation of terms

For the purposes of this Circular, the following expressions have the following meanings assigned to them:

1. “labor contract-based employee” means an employee specified in labor legislation, including a labor contract-based employee in a regulatory agency or public sector entity.

2. “employment protection” means that the competent authority considers taking measures deemed necessary as prescribed in clause 2 Article 57 of the Whistleblowing Law to protect the protectee’s employment status.

Article 4. Procedures for protection2

Procedures for protection shall comply with the provisions in Section 2 Chapter VI of the Law on denunciation.

Article 5.3 (annulled)

Article 6.4 (annulled)

Article 7. Responsibilities of employers

1. Do not place employment discrimination against the protectee.

2. Do not retaliate, slam or threaten to affect the protectee's employment, income and other legitimate interests from their job.

3. Promptly and fully comply with the employment protection measures in favor of the protectee at the request of the enforcing authority.

4. Report the enforcing authority on and notify the employee representative of the result of the employment protection measures.

5. The governing body of the enterprise, agency, or business entity; and the immediate employer of the protectee who is working at the branch, representative office or affiliated entity shall cooperate, provide information and relevant documents upon request of the competent authorities during the receipt, verification and adoption of the employment protection measures.

Article 8. Responsibilities of employee representatives

1. Grassroots employee representative

a) Supervise the employer in the compliance with employment protection measures at the request of the enforcing authority.

b) In case where the employer fails to implement employee protection measures, the executive board of grassroots trade union or the management board of the internal organization of employees shall give written opinions to the employer, and report the case to the authority that has decided to adopt such employee protection measures and the superior representative organization of the employee (if any) for taking timely actions and further employee protection measures.

2. Confederation of Labor of district, province

a) Direct the executive board of grassroots trade union to supervise the employer in compliance with the employment protection measures.

b) Supervise the enforcing authority of the same level in taking charge and cooperating with relevant entities in adoption of the employment protection measures.

c) Cooperate with People’s Committee of the same level in requesting the employer to comply with the employment protection measures under the decision of competent authority.

Article 9. Responsibilities of relevant entities

Political, socio-political organizations and relevant agencies, organizations and individuals, within the scope of their duties and powers, have the responsibilities to coordinate with enforcing authorities in adopting employment protection, providing information and documents, and enforcing the employment protection.

Article 10. Entry in force6

This Circular comes into force as of December 1, 2020.

Article 11. Implementation7

1. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of provinces and central-affiliated cities and relevant entities shall implement this Circular.

2. Difficulties arising during the implementation of this Circular shall be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration./.

1 Circular No. 09/2021/TT-BLDTBXH dated September 7, 2021 of the Minister of Labour, Invalids and Social Affairs on amendments to Circular No. 08/2020/TT-BLDTBXH dated October 15, 2020 of the Minister of Labour, Invalids and Social Affairs on guidelines for protection of employment status of whistleblowers working under labor contracts has the following legal foundation:

“Pursuant to the Whistleblowing Law dated June 12, 2018;

Pursuant to the Government’s Decree No. 31/2019/ND-CP dated April 10, 2019 on guidelines for implementation of the Whistleblowing Law;

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

At the request of the Chief Inspector of Ministry of Labor, War Invalids and Social Affairs;”

2 This Article is amended by clause 1 Article 1 of Circular No. 09/2021/TT-BLDTBXH dated September 7, 2021 of the Minister of Labour, Invalids and Social Affairs on amendments to Circular No. 08/2020/TT-BLDTBXH dated October 15, 2020 of the Minister of Labour, Invalids and Social Affairs on guidelines for protection of employment status of whistleblowers working under labor contracts, coming into force as of November 1, 2021.

3 This Article is annulled by clause 3 Article 1 of Circular No. 09/2021/TT-BLDTBXH dated September 7, 2021 of the Minister of Labour, Invalids and Social Affairs on amendments to Circular No. 08/2020/TT-BLDTBXH dated October 15, 2020 of the Minister of Labour, Invalids and Social Affairs on guidelines for protection of employment status of whistleblowers working under labor contracts, coming into force as of November 1, 2021.

4 This Article is annulled by clause 3 Article 1 of Circular No. 09/2021/TT-BLDTBXH dated September 7, 2021 of the Minister of Labour, Invalids and Social Affairs on amendments to Circular No. 08/2020/TT-BLDTBXH dated October 15, 2020 of the Minister of Labour, Invalids and Social Affairs on guidelines for protection of employment status of whistleblowers working under labor contracts, coming into force as of November 1, 2021.

5 This Article is amended by clause 2 Article 1 of Circular No. 09/2021/TT-BLDTBXH dated September 7, 2021 of the Minister of Labour, Invalids and Social Affairs on amendments to Circular No. 08/2020/TT-BLDTBXH dated October 15, 2020 of the Minister of Labour, Invalids and Social Affairs on guidelines for protection of employment status of whistleblowers working under labor contracts, coming into force as of November 1, 2021.

6 Article 2 of Circular No. 09/2021/TT-BLDTBXH dated September 7, 2021 of the Minister of Labour, Invalids and Social Affairs on amendments to Circular No. 08/2020/TT-BLDTBXH dated October 15, 2020 of the Minister of Labour, Invalids and Social Affairs on guidelines for protection of employment status of whistleblowers working under labor contracts, coming into force as of November 1, 2021 stipulates as follows:

“Article 2. Entry in force

This Circular comes into force as of November 1, 2021.”

7 Article 3 of Circular No. 09/2021/TT-BLDTBXH dated September 7, 2021 of the Minister of Labour, Invalids and Social Affairs on amendments to Circular No. 08/2020/TT-BLDTBXH dated October 15, 2020 of the Minister of Labour, Invalids and Social Affairs on guidelines for protection of employment status of whistleblowers working under labor contracts, coming into force as of November 1, 2021 stipulates as follows:

“Article 3. Implementation

1. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of provinces and central-affiliated cities and relevant entities shall implement this Circular.

2. Difficulties arising during the implementation of this Circular shall be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration.”