This Circular amends the poverty standard in Circular No. 11/1998/TT-LDTBXH to identify poor workers eligible for preferential treatment when state-owned enterprises are converted into joint-stock companies. The average income per person in the household does not exceed one-third of the regional minimum wage.
적용 범위
Workers and state-owned enterprises currently undergoing conversion into joint-stock companies.
핵심 사항
- Poor workers are identified based on the average income per person in the household not exceeding one-third of the regional minimum wage (Article 1).
- Enterprises must select the poorest individuals within the enterprise and ensure that this selection process is transparent and fair (Article 2).
- Selected poor workers must be approved by the Workers' Congress according to the principle of majority or more than half of those present (Article 3).
- Shares reserved for poor workers cannot be distributed to everyone in the enterprise but only allocated to those who have been identified as poor (Article 4).
- Selected poor individuals must be included in the enterprise's privatization plan (Article 5).
🌐 이 문서의 사회적 영향
- To protect the rights of poor workers during the enterprise conversion process.
- To create management pressure on enterprises when implementing the selection and allocation of shares to poor workers.
- It may cause difficulties for small enterprises with limited resources to implement the provisions effectively.
❓ 자주 묻는 질문
What criteria are used to determine if a worker is considered poor?
A worker is considered poor if the average income per person in the household does not exceed one-third of the regional minimum wage.
Are there specific regulations regarding how to select poor workers?
The selection of poor workers must be transparent and fair and approved by the Workers' Congress according to the principle of majority or more than half of those present.
Can shares reserved for poor workers be distributed to all employees in the enterprise?
No, they can only be allocated to those who have been identified as poor according to the regulations.
전문
CIRCULAR
Amend the poverty standard in Circular No. 11/1998/TT-LĐTBXH dated August 21, 1998 on policies for workers when state-owned enterprises are converted into joint-stock companies pursuant to Decree No. 4/1998/NĐ-CP of the Government.
To enable enterprises to implement preferential treatment policies for poor workers as stipulated in Decree No. 44/1998/NĐ-CP dated August 29, 1998 of the Government on converting state-owned enterprises into joint-stock companies.
After reaching consensus through discussions with the Vietnam General Confederation of Labor, the Central Enterprise Management Reform Board, and relevant agencies, the Ministry of Labor, Invalids, and Social Affairs amends Point 3 of Part A of Circular No. 11/1998/TT-LĐTBXH dated August 21, 1998, which provides guidance on policies for workers when state-owned enterprises are converted into joint-stock companies, as follows:
Workers classified as poor and eligible for benefits under Clause 2, Article 14 of Decree No. 44/1998/NĐ-CP dated June 29, 1998 of the Government are those whose average income per capita in their household is low.
The Director of the enterprise, together with the Party Committee and the Trade Union, shall select the poorest individuals within the enterprise. This selection must adhere to the following principles:
The highest average income per capita in the family shall not exceed one-third of the average monthly wage published by the Ministry of Labor, Invalids, and Social Affairs (in 1998, according to Decision No. 1069/1998/QĐ-BLĐTBXH dated October 14, 1998, it was VND 900,000 per month).
The selected poor workers must be approved by the Workers' Congress (either delegates or all members present) based on the principle of majority or more than half of those attending, and publicly announced throughout the enterprise.
The shares reserved for poor workers as stipulated in Clause 2, Article 14 of Decree No. 44/1998/NĐ-CP dated June 29, 1998 of the Government may not be distributed to all employees in the enterprise.
Once selected, the poor individuals must be included in the enterprise's shareholding plan.
Average income per capita in the family is calculated based on income sources including wages, bonuses, salary allowances for salaried workers, and primary income from labor performed by family members in other economic sectors (excluding any other income), divided by the number of people in the family (spouse, children, and those directly supported).
This circular takes effect from the date of signature./.
This Circular takes effect from the date of signature./.
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