This Circular amends and supplements certain articles of Circular No. 08/2020/TT-BLDTBXH on protecting employment for whistleblowers who are employees under labor contracts. The main content focuses on provisions regarding procedures and responsibilities of the relevant parties when protecting employment.
Scope of application
Employers, employees, grassroots trade unions, and agencies issuing decisions to apply protective measures
Key points
- Employees under labor contracts who report violations are protected in their employment (Article 4).
- If employers fail to implement protective measures, grassroots trade unions and business management must provide written comments to the employer and report to the agency issuing the decision to apply protective measures (Article 8).
- Articles 5 and 6 of Circular No. 08/2020/TT-BLDTBXH are repealed.
- This Circular takes effect from November 1, 2021
- Employers, trade unions, and related state agencies must comply with this Circular (Article 3)
🌐 Social impact of this document
- Strengthening the protection of rights for whistleblowers who are employees under labor contracts
- Grassroots trade unions have greater responsibility in protecting the rights of employees
- Employers must comply with regulations on protecting the employment of whistleblowers
❓ Frequently asked questions
How is an employee under a labor contract protected as a whistleblower?
Whistleblowers are protected in their employment when reporting violations (Article 4). If employers fail to implement protective measures, grassroots trade unions and business management must provide written comments to the employer and report to the agency issuing the decision to apply protective measures.
What responsibilities does a grassroots trade union have in protecting the rights of whistleblowers?
If employers fail to implement protective measures, grassroots trade unions must provide written comments to the employer and report to the agency issuing the decision to apply protective measures (Article 8).
When does this Circular take effect?
This Circular takes effect from November 1, 2021.
Full text
|
MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS SOCIAL
Number: 09/2021/TT-BLDTBXH |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness
Hanoi, September 7, 2021 |
CIRCULAR
Amending and supplementing some articles of Circular No. 08/2020/TT-BLDTBXH dated October 15, 2020 issued by the Minister of Labor, Invalids and Social Affairs guiding on protecting employment of whistleblowers who are employees under labor contracts
October 15, 2020 of the Minister of Labor, Invalids and Social Affairs guiding
on protecting employment of whistleblowers who are employees under labor contracts
______________
Pursuant to the Law on Complaints dated June 12, 2018;
Pursuant to Decree No. 31/2019/NĐ-CP dated April 10, 2019 of the Government detailing certain provisions and measures for the implementation of the Law on Denunciation;
Pursuant to Decree No. 14/2017/NĐ-CP dated February 17, 2017, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;
At the proposal of the Inspector General of the Ministry;
The Minister of Labor, Invalids and Social Affairs issues this Circular amending and supplementing some articles of Circular No. 08/2020/TT-BLDTBXH dated October 15, 2020 of the Minister of Labor, Invalids and Social Affairs guiding on protecting employment of whistleblowers who are employees under labor contracts.
Article 1. Amending and supplementing some articles of Circular No. 08/2020/TT-BLDTBXH dated October 15, 2020 of the Minister of Labor, Invalids and Social Affairs guiding on protecting employment of whistleblowers who are employees under labor contracts
1. Amend Article 4 as follows:
"Article 4. Procedures for protection. The procedures for protection shall be carried out in accordance with the provisions of Section 2 Chapter VI of the Whistleblower Law."
2. Amend and supplement Point b Clause 1 of Article 8 as follows:
"b) In case the employer does not comply with the measures to protect employment for the protected person, the Trade Union Committee of the workplace or the leadership of the organization where the employee is a member must provide written comments to the employer, while immediately reporting the matter to the authority that decided to apply the protective measures and report to the higher-level representative organization of the employee (if any) to promptly handle and take measures to protect employment for the protected person."
3. Repeal Articles 5 and 6.
Article 2. Effective Date
This Circular takes effect from November 1, 2021.
Article 3. Implementation Organization
1. The Minister, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial People's Committees under the central city, and related agencies, organizations, and individuals are responsible for implementing this Circular.
2. During the implementation process, if there are difficulties, please reflect them to the Ministry of Labor, Invalids and Social Affairs for study, amendment, and supplementation to ensure appropriateness./.
Original document (PDF)
Relations map
Click a document to open. A red border = a relation that changes validity.
Translations
This document is available in the following languages: