Circular No. 11/2017/TT-BLDTBXH guides the implementation of certain provisions of Government Decree No. 61/2015/NĐ-CP dated July 9, 2015 on employment support policies and the National Employment Fund regarding public employment policies.

CIRCULAR

Guidelines on implementing certain provisions of Decree No. 61/2015/NĐ-CP dated July 9, 2015 of the Government regarding employment support policies and the National Employment Fund concerning public employment policies
Pursuant to Decree No. 61/2015/NĐ-CP dated July 9, 2015 of the Government regarding employment support policies and the National Employment Fund (hereinafter referred to as Decree No. 61/2015/NĐ-CP);
The Minister of Labor, Invalids and Social Affairs issues this Circular guiding the implementation of certain provisions of Decree No. 61/2015/NĐ-CP dated July 9, 2015 of the Government regarding employment support policies and the National Employment Fund concerning public employment policies.

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;

This Circular guides the implementation of certain provisions on workers registering to participate in projects and activities implementing public employment policies; the regime for workers participating in projects and activities implementing public employment policies under the community participation form as prescribed by the law on bidding (hereinafter referred to as workers working under the community form) and reporting on the implementation results of public employment policies as stipulated in Decree No. 61/2015/NĐ-CP.

At the proposal of the Director of the Employment Department,

Article 1. Workers as prescribed in Clause 1, Article 3 of the Employment Law must reside legally at the locality where the project or activity implementing public employment policies is carried out.

Article 1. Scope of Regulation

Article 2. Agencies, enterprises, organizations, and other individuals related to the contents prescribed in this Circular.

Article 2. Applicability

Article 3. Registration to participate in projects and activities implementing public employment policies

Workers register to participate in projects and activities implementing public employment policies with the People's Committee of communes, wards, towns (hereinafter collectively referred to as the People's Committee of communes) where they reside legally. The registration content includes the following basic information:

1. Full name, gender;

2. Date of birth;

3. Identity card number or passport number or citizen identification card number and date and place of issuance;

4. Professional technical qualifications, vocational skill level (if any);

5. Residential address;

6. Priority target group (if any):

- Ethnic minority people;

- Poor household members;

- Near-poor household members;

- Members of households whose agricultural land has been reclaimed;

- Unemployed persons;

- Underemployed persons;

- Members of households mainly engaged in agricultural production.

7. Work experience.

Article 4. Wages of workers working under the community form

The wages of workers are paid based on the agreement between workers working under the community form and the actual time worked, workload, and quality of work performed by the workers, specifically as follows:

1. For workers who work for 8 hours a day and 26 days a month, wages are calculated monthly and shall not be lower than the minimum wage zone level at the location where the project or activity is implemented;

2. For workers who work less than 8 hours a day or 26 days a month, wages are calculated hourly and shall not be lower than the minimum wage zone level at the location where the projects or activities are implemented divided by 26 days and 8 hours;

3. In cases where workers work overtime as prescribed in Clause 3, Article 5 of this Circular, they shall be paid wages according to the hourly rate prescribed in Clause 2 of this Article for the additional hours worked.

2. For workers who work less than 8 hours in one day or 26 days in one month, the wage shall be calculated on an hourly basis and must not be lower than the minimum regional wage at the location where the projects or activities are carried out, divided by 26 days and 8 hours; 

3. In cases where workers work overtime as prescribed in Clause 3, Article 5 of this Circular, they shall be paid wages for the overtime hours according to the provisions of Clause 2 of this Article.

Article 5. Working hours and rest time for workers working under community form

The organization and arrangement of working hours and rest time shall be agreed upon by the workers working under community form but must ensure the following provisions:

1. Working hours shall not exceed 8 hours in one day;

2. At least one day off (24 consecutive hours) per week. In special cases where the work cycle does not allow weekly rest, they shall have at least 4 days off on average per month;

3. In case of overtime, the total number of working hours and overtime hours shall not exceed 12 hours in one day.

Article 6. Safety and hygiene at work for workers working under community form

1. Workers working under community form shall enjoy the following safety and hygiene at work benefits:

a) Support for training in safety and hygiene at work when performing jobs with strict requirements for safety and hygiene at work as stipulated in Article 32 of Decree No. 44/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Labor Safety and Hygiene Law regarding technical safety inspection activities, safety and hygiene training, and labor environment monitoring, and related guiding documents;

b) Participation and enjoyment of voluntary occupational accident insurance as prescribed by the Government;

c) Provision of information on safety and hygiene at work by the investor that is suitable to the specific conditions of the locality as stipulated in Clause 3, Article 13 of the Labor Safety and Hygiene Law and related guiding documents;

d) Purchase of compulsory insurance for investment construction activities and other professional liability insurance as prescribed by law by the investor.

2. Workers working under community form shall have the following obligations regarding safety and hygiene at work:

a) Be responsible for safety and hygiene at work for the tasks they perform according to the law;

b) Ensure safety and hygiene at work for those involved during the work process;

c) Report to the local authority to take timely measures to prevent actions that cause loss of safety and hygiene at work;

d) Report occupational accidents to the People's Committee of the commune where the accident occurred within the provisions of Clause 3, Article 10 of Decree No. 39/2016/NĐ-CP dated May 15, 2016 of the Government detailing the implementation of certain provisions of the Labor Safety and Hygiene Law and related guiding documents.

3. Responsibilities of the investor in ensuring safety and hygiene at work for workers working under community form are as follows:

a) Create conditions for workers to work in a safe and hygienic environment and enjoy the benefits prescribed in points a and b of Clause 1 of this Article;

b) Ensure the benefits for workers prescribed in points c and d of Clause 1 of this Article.

c) Cooperating and creating conditions for workers to fulfill their obligations as prescribed in Clause 2 of this Article.

Article 7. Reporting on the Implementation of Public Employment Policy

1. Before the 5th of each month, the representative of the workers working under community form, as prescribed by the law on bidding, shall report to the People's Committee of the commune where the project is implemented about the implementation of worker benefits in the previous month. If the project or activity lasts less than one month, the representative of the workers working under community form shall report on the implementation of worker benefits to the People's Committee of the commune where the project or activity is implemented within five days from the end date of the project or activity.

The People's Committee of the commune shall publicly disclose the implementation of worker benefits for workers working under community form as a basis for community supervision and political-social organizations' oversight as stipulated in Article 9 of Decree No. 61/2015/NĐ-CP.

4. Annually, the People's Committee of the province shall report on the implementation of public employment policy projects and activities, which it is the main investor, using Model 1 and report on the implementation of public employment policy projects and activities in the locality using Model 3 issued together with this Circular to the Ministry of Labor, Invalids, and Social Affairs before December 15.

Article 8. Effectiveness and Implementation Responsibility

1. This Circular takes effect from June 15, 2017.

2. Ministries, ministerial-level agencies, local people's committees at all levels, and relevant agencies, organizations, and individuals shall be responsible for implementing this Circular.

In the course of implementation, if there are any difficulties, they are requested to report to the Ministry of Labor - Invalids and Social Affairs for timely guidance./.

DEPUTY MINISTER

VICE MINISTER

(Signed)

Doan Mau Dyeu