Circular No. 1512/LĐ-NC in 1960 guides the handling of cases where workers were recruited in violation of previous regulations. This circular stipulates the reporting, review, and handling of those who self-recruited.
Scope of application
Enterprises, construction sites; Administrative Committees of regions, cities, and provinces; Departments, Bureaus, and Offices of Labor
Key points
- Enterprises and construction sites must report the number of self-recruited workers to the competent authority (Point 1).
- The labor management agency decides whether to continue using or return to their place of origin the workers who were self-recruited (Point 2).
- Enterprises and construction sites must settle benefits for workers being returned and sign employment contracts when necessary (Point 3).
- The labor management agency is responsible for guiding the implementation of this circular at the local level.
- Recruitment for long-term positions or into formal staff must be reported and seek opinions from the labor department.
🌐 Social impact of this document
- To ensure the implementation of state plans and avoid wastage of public funds
- It may cause difficulties for businesses in retaining essential personnel
- Strengthen labor management, improve recruitment quality
- It may affect public sentiment if not implemented appropriately
❓ Frequently asked questions
Which entity must enterprises report the number of self-recruited workers to?
Enterprises and construction sites must report the number of self-recruited workers to the Administrative Committee and Labor Department, Bureau, or Office of the region, city, or province where the workers are located.
If the labor management agency decides to return workers to their place of origin, what must the enterprise do?
The enterprise must explain and settle all benefits for the workers before they return to their place of origin.
Full text
CIRCULAR
OF THE MINISTRY OF LABOUR NUMBER 1512/LĐ-NC DATED OCTOBER 15, 1960 GUIDING THE SETTLEMENT OF THE NUMBER OF WORKERS WHO WERE SELF-RECRUITED BY ENTERPRISES, CONSTRUCTION SITES...
ENTERPRISES, CONSTRUCTION SITES...
THE MINISTER OF LABOUR
Respected: - Ministries, central sectors
- Administrative committees of regions, cities and provinces
- Labour departments, bureaus, offices of regions, cities and provinces
AT Article 6 of the Interim Regulation on Recruitment and Utilization of Workers in Rural Areas by the Council of Ministers stipulates: "Sectors that previously recruited workers from rural areas for relatively long periods or temporarily without distribution by local administrative committees must report to the local administrative committees and labour authorities at the places where the workers reside and the enterprises, construction sites... are located so that specific measures can be taken based on the actual situation."
The Ministry of Labour guides the implementation as follows:
1. Ministries, sectors, administrative committees and labour departments, bureaus, offices of regions, cities and provinces need to plan to guide enterprises, construction sites... to review and prepare lists to report the number of workers who were previously self-recruited by enterprises, construction sites... to the local administrative committees and labour authorities at the places where the workers reside and the enterprises, construction sites are located. At the same time, enterprises, construction sites must organize reviews to draw lessons from worker recruitment and utilization practices and propose suggestions to the local administrative committees and labour authorities regarding the resolution of these workers.
2. To ensure the implementation of the State Plan for 1960 and avoid wastage of public funds and negative impacts on public opinion, the administrative committees and labour departments, bureaus, offices of regions, cities and provinces should allow enterprises, construction sites to continue using the workers they had previously recruited (except for those with bad elements and landlords as stipulated in Article 7 of the Regulation by the Government) unless there are special cases where the administrative committees and labour departments, bureaus, offices consider it truly necessary to return them to their home regions, because according to reports from county, district, commune and cooperative committees, if these individuals remain, it will not benefit agricultural production, cooperativization, people's unity, and the resolution of employment for urban workers lacking jobs, then the administrative committees and labour departments, bureaus, offices will decide that enterprises, construction sites must return these workers to their home regions and arrange other workers to replace them. If these workers' contracts are about to expire, there is no need to send them back immediately but rather let them complete their contracts before returning.
When examining and deciding on this issue, the administrative committees and labour departments, bureaus, offices must consider two aspects: ensuring the implementation of sectoral State plans while ensuring the development of agricultural production and cooperativization. Therefore, when resolving, careful consideration is needed to avoid unnecessary12. Leather shoessituations that are not really necessarycausing negative impacts on the implementation of State plans, leading to wastage of public funds and affecting public opinion.
The examination and decision to return workers to their home regions is the responsibility of the administrative committees and labour departments, bureaus, offices of regions, cities and provinces. Commune administrative committees and cooperatives wishing to recall workers must report and request approval from the administrative committees and labour departments, bureaus, offices; they cannot directly write to enterprises, construction sites to recall workers.
Above are some guiding principles for resolution provided by the Ministry. Administrative committees and labour departments, bureaus, offices of regions, cities and provinces should base their specific plans on the local situation to guide sectors and enterprises, construction sites... to implement these guidelines. Results of implementation should be reported to the Ministry.
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Nguyen Van Tao (Signed) |
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