Circular No. 09/2021/TT-BLDTBXH Amending and supplementing certain articles of Circular No. 08/2020/TT-BLDTBXH dated October 15, 2020 of the Minister of Labor, Invalids, and Social Affairs guiding the protection of employment for whistleblowers who are employees under labor contracts

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

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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./.