Circular No. 10/2020/TT-BLDTBXH provides detailed regulations and guidance on implementing certain Articles and Clauses of the Labor Code regarding the contents of Employment Contracts, collective bargaining councils, and occupations and jobs that adversely affect reproductive functions and childcare.

CIRCULAR

Detailed regulations and guidance on implementation of certain provisions of the Labor Code regarding the contents of labor contracts, Collective bargaining councils and occupations and jobs adversely affecting reproductive functions and child-rearing 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 - War Invalids and Social Affairs;

Pursuant to the Labor Code on November 20, 2019;

At the proposal of the Director of the Directorate of Labor Relations and Wages, the Director of the Directorate of Occupational Safety and Health;

The Minister of Labor - War Invalids and Social Affairs issues this Circular detailing and guiding the implementation of certain provisions of the Labor Code regarding the contents of labor contracts, collective bargaining councils, and occupations and jobs adversely affecting reproductive functions and child-rearing.

This Circular details and guides the implementation of the following provisions of the Labor Code:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. The contents of labor contracts under Clause 1, 2, and 3 of Article 21.

2. The functions, tasks, and activities of collective bargaining councils under Clause 4 of Article 73.

3. The list of occupations and jobs adversely affecting reproductive functions and child-rearing under Clause 1 of Article 142.

1. Workers and employers under Clause 1, Clause 2, and Clause 3 of Article 2 of the Labor Code.

Article 2. Applicability

2. Other agencies, organizations, and individuals directly related to the implementation of this Circular.

CONTENTS OF LABOR CONTRACTS

Chapter II

Article 3. Main contents of labor contracts

The main contents that must be included in labor contracts under Clause 1 of Article 21 of the Labor Code are as follows:

1. Information about the name, address of the employer and the name, position of the contracting party on behalf of the employer is specified as follows:

a) Name of the employer: for enterprises, agencies, organizations, cooperatives, cooperative unions, it shall be taken from the name of the enterprise, agency, organization, cooperative, cooperative union recorded in the business registration certificate, cooperative registration certificate, cooperative union registration certificate, investment registration certificate, approval decision on investment orientation, establishment decision of the agency or organization; for production cooperatives, it shall be taken from the name of the production cooperative recorded in the cooperation agreement; for households and individuals, it shall be taken from the full name of the household head or individual recorded in the Identity Card or Citizen Identification Card or passport issued;

b) Address of the employer: for enterprises, agencies, organizations, cooperatives, cooperative unions, it shall be taken from the address recorded in the business registration certificate, cooperative registration certificate, cooperative union registration certificate, investment registration certificate, approval decision on investment orientation, establishment decision of the agency or organization; for production cooperatives, it shall be taken from the address in the cooperation agreement; for households and individuals, it shall be taken from the place of residence of the household or individual, telephone number, email address (if any);

c) Name and position of the contracting party on behalf of the employer: recorded according to the name and position of the person authorized to conclude labor contracts as stipulated in Clause 3 of Article 18 of the Labor Code.

2. Information about the name, date of birth, gender, place of residence, identity card number or citizen identification card number or passport number of the contracting party on behalf of the worker and other information, including:

a) Name, date of birth, gender, place of residence, telephone number, email address (if any), identity card number or citizen identification card number or passport number issued by the competent authority of the contracting party on behalf of the worker as stipulated in Clause 4 of Article 18 of the Labor Code;

b) Work permit number or confirmation document not requiring work permit issued by the competent authority for foreign workers;

c) Name, place of residence, identity card number or citizen identification card number or passport number, telephone number, email address (if any) of the legal representative of persons under 15 years old.

3. Job and workplace are specified as follows:

a) Job: the tasks that the worker must perform;

b) Workplace of the worker: the location and scope where the worker performs the job as agreed; in case the worker works regularly at different locations, all such locations shall be fully recorded.

4. Duration of the labor contract: the time for implementing the labor contract (number of months or days), start and end dates of the labor contract (for fixed-term labor contracts); start date of the labor contract (for indefinite-term labor contracts).

5. Wage rate based on job or position, wage payment form, wage payment period, wage allowances, and other additional items are specified as follows:

a) Wage rate based on job or position: record the wage rate calculated based on time for the job or position according to the wage scale established by the employer in accordance with Article 93 of the Labor Code; for workers receiving piece-rate wages or lump-sum wages, record the wage rate calculated based on time to determine the unit price of products or lump-sum wages;

b) Wage allowances agreed upon by both parties as follows:

b1) Allowances to compensate for factors related to working conditions, complexity of the job, living conditions, and attractiveness to workers which have not been adequately considered in the agreed wage rate in the labor contract;

b2) Allowances linked to the process of work and the results achieved by the worker.

c) Other additional items agreed upon by both parties as follows:

c1) Specific monetary amounts determined together with the agreed wage rate in the labor contract and paid regularly during each wage payment period.

c1) Additional amounts determined to specify a specific amount of money together with the agreed salary in the labor contract and paid regularly in each salary period;

c2) Additional allowances that cannot be determined with specific monetary amounts together with the agreed salary in the labor contract, paid regularly or irregularly during each pay period based on the employee's work process and performance results.

For other benefits such as bonuses stipulated in Article 104 of the Labor Code, innovation awards; meal allowances during shifts; allowances for transportation fuel, telephone, travel, housing, childcare, and support for small children; support when employees have deceased relatives, weddings of family members, birthdays, and financial assistance for employees facing difficulties due to workplace accidents, occupational diseases, and other similar allowances shall be recorded separately in the labor contract.

d) The form of payment of wages shall be determined by both parties in accordance with the provisions of Article 96 of the Labor Code;

đ) The payment period of wages shall be determined by both parties in accordance with the provisions of Article 97 of the Labor Code.

6. Promotion and wage increase system: according to the agreement between the two parties regarding conditions, time, and post-promotion wage levels, or implemented in accordance with collective labor agreements, regulations of the employer.

7. Working hours and rest periods: according to the agreement between the two parties or in accordance with internal labor rules, regulations of the employer, collective labor agreements, and laws.

8. Provision of personal protective equipment for employees: types of personal protective equipment in labor activities as agreed between the two parties or in accordance with collective labor agreements or regulations of the employer and laws on occupational safety and health.

9. Social insurance, health insurance, and unemployment insurance: in accordance with the provisions of labor laws, social insurance laws, health insurance laws, and unemployment insurance laws.

10. Training, development, and skill enhancement: rights, obligations, and interests of the employer and employee in ensuring training time, funding, and skill enhancement.

Article 4. Protection of business secrets and technological secrets

1. When employees engage in work directly related to business secrets and technological secrets as defined by law, the employer has the right to agree with the employee on the content of protecting business secrets and technological secrets in the labor contract or by another document in accordance with the law.

2. Agreements on protecting business secrets and technological secrets may include the following main contents:

a) List of business secrets and technological secrets;

b) Scope of use of business secrets and technological secrets;

c) Duration of protection of business secrets and technological secrets;

d) Methods of protecting business secrets and technological secrets;

đ) Rights, obligations, and responsibilities of the employee and employer during the duration of protection of business secrets and technological secrets;

e) Handling violations of the agreement on protecting business secrets and technological secrets.

3. When discovering that an employee has violated the agreement on protecting business secrets and technological secrets, the employer has the right to request compensation from the employee in accordance with the agreement of both parties. The procedures and steps for handling compensation are carried out as follows:

a) In cases where the employee's violation is discovered during the term of the labor contract, it shall be handled according to the procedures and steps for handling damage compensation stipulated in Clause 2, Article 130 of the Labor Code;

b) In cases where the employee's violation is discovered after termination of the labor contract, it shall be handled in accordance with civil law and other relevant laws.

4. For business secrets and technological secrets listed in the state secret directory, they shall be implemented in accordance with the laws on protecting state secrets.

Article 5. Main contents of labor contracts in the agricultural, forestry, fishery, and salt industries

1. Labor contracts for workers engaged in the agricultural, forestry, fishery, and salt industries shall include the main contents of labor contracts as stipulated in Clause 1, Article 21 of the Labor Code and Article 3 of this Circular. For simple jobs carried out for short-term periods or seasonally, the two parties may reduce the agreement on promotion as provided in Point e, Clause 1, Article 21 of the Labor Code and training, upgrading, and improving skills as provided in Point k, Clause 1, Article 21 of the Labor Code.

2. For jobs and workplaces directly affected by natural disasters, fires, or weather conditions, the two parties may agree in the labor contract on mechanisms to address the implementation of the labor contract in accordance with actual conditions and legal provisions.

Chapter III

COLLECTIVE BARGAINING COUNCIL

Article 6. Establishment of Collective Bargaining Council

1. When there is a need for collective bargaining involving multiple enterprises through a Collective Bargaining Council, based on mutual agreement, employers and representative organizations of workers at the enterprise level participating in multi-enterprise collective bargaining (hereinafter referred to as the parties) shall appoint one representative to submit a written request for the establishment of a Collective Bargaining Council to the People's Committee of the province or centrally governed city (hereinafter referred to as the Provincial People's Committee) where the headquarters of the enterprises are located or another location chosen according to Clause 1, Article 73 of the Labor Code.

2. The written request for establishing a Collective Bargaining Council must contain the following main information:

a) A list of enterprises expected to participate in multi-enterprise collective bargaining, including the name of the enterprise; headquarters; legal representative's name; representative's name of the worker organization at the enterprise level;

b) Name, position, or title of the person agreed upon by the parties to serve as Chairman of the Collective Bargaining Council, accompanied by a written consent from the proposed Chairman of the Collective Bargaining Council. If the document does not propose a Chairman of the Collective Bargaining Council, the Chairman of the Provincial People's Committee will decide;

c) List of representatives from each party participating in collective bargaining within the Collective Bargaining Council;

d) Proposed content already agreed upon by the parties regarding the scope of collective bargaining, duration of operation of the Collective Bargaining Council, collective bargaining plan, and supporting activities of the Collective Bargaining Council (if applicable).

3. Within twenty working days from the date of receipt of the request from the representatives of the multi-enterprise collective bargaining parties, the Provincial People's Committee is responsible for issuing a decision to establish a Collective Bargaining Council. In case of not deciding to establish a Collective Bargaining Council, a written response explaining the reasons must be issued.

4. The Department of Labor, Invalids, and Social Affairs is responsible for leading and coordinating with the Provincial Trade Union, provincial employer organizations, enterprises requesting the establishment of a Collective Bargaining Council, and related organizations and enterprises to advise and present to the Provincial People's Committee a plan for establishing a Collective Bargaining Council. The plan includes the following main contents:

a) Composition of the Collective Bargaining Council, including:

a1) Chairman of the Collective Bargaining Council;

a2) Representative of the Provincial People's Committee;

a3) Representatives of the collective bargaining parties;

a4) Other sections (if any).

b) Functions and responsibilities of the Collective Bargaining Council, Chairman of the Collective Bargaining Council, and other sections (if any).

c) Duration of operation of the Collective Bargaining Council.

d) Operation plan of the Collective Bargaining Council.

đ) Operating budget of the Collective Bargaining Council.

e) Draft decision to establish the Collective Bargaining Council.

In case the Department of Labor, Invalids, and Social Affairs proposes not to establish a Collective Bargaining Council, the reasons must be clearly stated.

5. During its operation, if it becomes necessary to change the Chairman of the Collective Bargaining Council, the representative of the Provincial People's Committee, functions, responsibilities, plans, or duration of operation of the Collective Bargaining Council to suit the actual situation, the incumbent Chairman of the Collective Bargaining Council shall propose to the Provincial People's Committee for consideration and decision.

Within seven working days from the date of receipt of the proposal from the incumbent Chairman of the Collective Bargaining Council, the Provincial People's Committee shall consider and amend or supplement the decision to establish the Collective Bargaining Council. If no amendment or supplementation is made, a written response explaining the reasons must be issued.

Article 7. Functions of the Collective Bargaining Council

The Collective Bargaining Council has the function of organizing representatives from each side to conduct collective bargaining in accordance with the Labor Code.

Article 8. Tasks of the Collective Bargaining Council

1. Develop plans to conduct collective bargaining based on proposals from each side and according to the decision establishing the Collective Bargaining Council.

2. Organize and coordinate meetings for representatives from each side to bargain.

3. Support and provide relevant information for representatives from each side to bargain.

4. Assist each side in soliciting opinions on the draft multi-enterprise labor agreement in accordance with Clause 2 and Clause 3, Article 76 of the Labor Code.

5. Organize the signing of multi-enterprise labor agreements in accordance with Clause 4, Article 76 of the Labor Code.

6. Monitor the implementation of multi-enterprise labor agreements according to the decision establishing the Collective Bargaining Council, ensuring compliance with the Council's operational period.

7. Report the results of the Collective Bargaining Council's activities to the Provincial People's Committee, simultaneously sending to the Department of Labor, Invalids, and Social Affairs.

8. Perform other tasks at the request of each side and tasks according to the decision establishing the Collective Bargaining Council.

Article 9. Activities of the Collective Bargaining Council

1. The Collective Bargaining Council operates through meetings.

2. Representatives for bargaining from the employer side and the organization representing workers at the workplace have the responsibility to conduct bargaining in accordance with Clause 1 and Clause 2, Article 72 of the Labor Code and decide the outcome of bargaining through meetings of the Council.

3. The Chairman of the Collective Bargaining Council is responsible for:

a) Organizing and coordinating meetings of the Council for representatives from each side to bargain in accordance with regulations;

b) Reviewing and deciding on the supplementation or replacement of representatives participating in bargaining for each side; accepting the proposal to join the Collective Bargaining Council from other enterprises after obtaining the consent of representatives from each side within the Collective Bargaining Council;

c) Deciding on the establishment of a working group assisting the Council and the Chairman to support the collective bargaining activities of each side.

4. Representatives of the Provincial People's Committee are responsible for supporting and providing necessary information for each side to conduct bargaining.

5. The Collective Bargaining Council will automatically dissolve upon completion of its operational period as decided in the establishment of the Collective Bargaining Council. In cases where the sides agree otherwise, the Chairman of the Collective Bargaining Council shall propose to the Provincial People's Committee for consideration and decision.

6. Operating funds of the Collective Bargaining Council are contributed by employers and organizations representing workers at participating enterprises and raised from other lawful sources in accordance with the law.

Chapter IV

LIST OF OCCUPATIONS AND JOBS WITH ADVERSE IMPACTS ON REPRODUCTIVE FUNCTION AND CHILD CARE

Article 10. List of occupations and jobs with adverse impacts on reproductive function and child care

The list of occupations and jobs with adverse impacts on reproductive function and child care is issued in the Appendix attached to this Circular, including:

1. Occupations and jobs with adverse impacts on reproductive function and child care for female workers;

2. Occupations and jobs with adverse impacts on reproductive function for male workers.

Article 11. Responsibilities of employers and employees in implementing the list of occupations and jobs that have adverse effects on reproductive functions and child-rearing

1. Employers shall be responsible for:

a) Publicly announcing to inform employees about the occupations and jobs that have adverse effects on reproductive functions and child-rearing currently existing at the workplace (hereinafter referred to as occupations and jobs with adverse effects on reproductive functions and child-rearing);

b) Providing full information on the harmful effects as well as measures to prevent and control hazardous factors of occupations and jobs with adverse effects on reproductive functions and child-rearing so that employees can choose and decide to work; conducting pre-employment health examinations, regular health check-ups, occupational disease examinations, and ensuring safe and hygienic working conditions according to the law when using employees in occupations and jobs with adverse effects on reproductive functions and child-rearing.

2. Employees shall be responsible for:

a) Thoroughly understanding the occupations and jobs with adverse effects on reproductive functions and child-rearing to consider and decide on the conclusion, amendment, supplementation, and implementation of labor contracts in accordance with the law;

b) Adhering to laws and regulations on safety and hygiene in the workplace when performing occupations and jobs with adverse effects on reproductive functions and child-rearing as stipulated in the labor contract.

Chapter V

IMPLEMENTING PROVISIONS

Article 12. Effective Date

1. This Circular takes effect from January 1, 2021.

2. From the date this Circular takes effect, the following Circulars shall cease to be effective:

a) Circular No. 47/2015/TT-BLDTBXH dated November 16, 2015, issued by the Minister of Labor, Invalids, and Social Affairs guiding the implementation of certain provisions on labor contracts, labor discipline, and material responsibility under Decree No. 05/2015/NĐ-CP dated January 12, 2015, of the Government detailing and guiding the implementation of certain contents of the Labor Code;

b) Circular No. 26/2013/TT-BLDTBXH dated October 18, 2013, issued by the Minister of Labor, Invalids, and Social Affairs promulgating the List of Jobs Not to Be Assigned to Female Workers.

3. The basis salary for calculating severance pay and unemployment benefits is the average salary according to the labor contract, including the basic wage, wage allowances, and other supplementary amounts specified in point a, subpoint b1 of point b and subpoint c1 of point c of Clause 5, Article 3 of this Circular, of the six consecutive months immediately preceding the employee's termination of employment or loss of job. During the implementation process, if there are any difficulties, it is recommended that agencies, units, and enterprises report to the Ministry of Labor, Invalids, and Social Affairs for timely supplementary guidance.

During the implementation process, if there are any difficulties, it is recommended that agencies, units, and enterprises report to the Ministry of Labor, Invalids, and Social Affairs for timely supplementary guidance./.