Circular No. 17/2018/TT-BLDTBXH on self-inspection of labor law implementation by enterprises

CIRCULAR

PROVISIONS ON SELF-AUDITING THE IMPLEMENTATION OF LABOR LAWS BY ENTERPRISES

Pursuant to Decree No. 14/2012/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;

Pursuant to Clause 4, Article 21 of Decree No. 110/2017/NĐ-CP dated October 4, 2017 of the Government stipulating the organization and operation of the Inspection Agency under 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 guiding self-auditing the implementation of labor laws by enterprises.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides self-auditing the implementation of labor laws, reporting the results of self-auditing the implementation of labor laws online; responsibilities of employers, organizations representing collective workers at the workplace, and state labor inspection agencies.

Article 2. Applicability

This Circular applies to employers, organizations representing collective workers at the workplace, and state labor inspection agencies.

Article 3. Explanation of Terms

1. Self-auditing the implementation of labor laws (hereinafter referred to as self-auditing) is an activity of collecting, analyzing, and evaluating the compliance with labor law regulations by employers at places of production and business.

2. The electronic information website http://tukiemtraphapluatlaodong.gov.vn (hereinafter referred to as the electronic information website) is the address for accessing on the internet to link, integrate, upload channels of information, documents, applications, and services in the field of labor for workers and employers to exploit and use.

3. Online reporting of self-audit results is the act of employers reporting the results of self-auditing labor laws on the electronic information website.

4. An online reporting account for self-audit results is an account registered by employers to log in to the electronic information website to report self-audit results, exploit and use information, documents, and applications in the field of labor.

5. A self-audit form is a form recording the content of self-audit results regarding the implementation of labor law regulations at enterprises.

Chapter II

SPECIFIC PROVISIONS

Chapter 1: SELF-AUDITING AND REPORTING ONLINE RESULTS OF SELF-AUDITING LABOR LAWS

Article 4. Activities of self including computer-based multiple choice tests

1. Employers must organize self-auditing the compliance with labor laws at their workplaces at least once a year to assess the degree of compliance with labor laws and develop improvement measures.

2. The specific time for self-auditing is determined by the employer.

3. The period for self-auditing: from January 1st of the previous calendar year to the date of auditing.

Article 5. Content of self-auditing

1. The content of self-auditing labor laws includes:

a) Implementation of periodic reports;

b) Recruitment and training of workers;

c) Conclusion and performance of labor contracts;

d) Dialogue, negotiation, and signing of collective labor agreements;

đ) Working hours and rest periods;

e) Payment of wages to workers;

g) Organization and implementation of occupational safety and health activities;

h) Compliance with regulations concerning female workers, elderly workers, underage workers, disabled workers, and foreign workers;

i) Establishment and registration of internal labor regulations; disciplinary actions and material compensation;

k) Participation and monthly contributions to mandatory social insurance, unemployment insurance, and health insurance for workers who are required to participate;

l) Resolution of labor disputes and complaints;

m) Other contents deemed necessary by the employer.

2. Specific content of self-auditing is designed into self-audit forms according to each field of production and business posted on the electronic information website. Based on the main field of production and business, the employer selects one (01) or more self-audit forms as the content of self-auditing.

Article 6. Procedure for conducting self-inspection

Based on the time and self-inspection plan that have been determined, the employer establishes a self-inspection team and simultaneously registers an account on the electronic information website to obtain self-inspection forms as the content for self-inspection.

The members of the self-inspection team include: a representative of the employer serving as the team leader; team members being labor officers, salary officers, safety and hygiene officers; a representative of the workers and other relevant components decided by the employer.

The self-inspection team conducts comparisons with current labor laws corresponding to each self-inspection content to analyze, compare, and conclude whether the enterprise complies with labor laws and propose measures to address non-compliance (if any). The model of the self-inspection conclusion is posted on the electronic information website and updated regularly when there are changes in labor laws.

For contents that require on-site inspection at production and business locations or workers' workplaces, the self-inspection team shall visit to examine and inspect, and if necessary, immediately implement corrective measures for violations (if any).

The self-inspection file includes self-inspection forms, self-inspection conclusions, the enterprise's document establishing the self-inspection team, and other documents and files generated during the self-inspection process must be retained in the enterprise management file as a basis for monitoring, analysis, and formulating policies and solutions to enhance compliance with labor laws at the enterprise.

Article 7. Reporting the Results of Self-Inspection

1. The employer shall cooperate with the representative of the labor collective at the establishment to report the results of self-inspection online upon a written request from the State Labor Inspectorate.

2. The establishments using labor, including branches and representative offices located in localities, units undertaking construction work in localities, must report self-inspection of labor laws online to the direct superior management authority and to the Department of Labor, Invalids and Social Affairs' Labor Inspectorate where the branch, representative office, or construction unit is operating.

Section 2: OBLIGATIONS OF THE EMPLOYER, RIGHTS OF THE REPRESENTATIVE OF THE LABOR COLLECTIVE AT THE ESTABLISHMENT AND RESPONSIBILITIES OF THE STATE LABOR INSPECTORATE

Article 8. Obligations of the Employer

1. The employer must conduct self-inspection of the implementation of labor laws stipulated in this Circular. When requested and guided by the State Labor Inspectorate, the employer shall register an account and report the results of self-inspection of labor laws online on the electronic information website.

2. Shall be responsible under the law for the truthfulness and accuracy in reporting the results of self-inspection of labor laws online; ensuring timely submission according to the requirements of the competent state labor management agency.

3. Cooperate with the organization representing the labor collective at the establishment to implement recommendations and feedback from the State Labor Inspectorate based on the content of the online self-inspection report; provide explanations when requested by authorized agencies or individuals.

Article 9. Rights of the organization representing collective labor at the workplace

Participate in self-inspection teams to check compliance with laws at enterprises and report the results of online self-inspection of labor laws by employers; supervise employers in implementing recommendations from the State Inspectorate regarding labor issues based on the reports of online self-inspection of labor laws.

Article 10. Responsibilities of the Labor, Invalids and Social Affairs Inspectorate under the Ministry of Labor, Invalids and Social Affairs

1. Manage the electronic information website; annually research, improve, upgrade the electronic information website, and update changes in labor laws to meet usage requirements.

2. Delegate management and guide the use of the electronic information website for Labor, Invalids and Social Affairs Inspectors of provincial and centrally-administered city departments.

3. Direct the subjects of annual self-inspection reports in accordance with the orientation of the Ministry of Labor, Invalids and Social Affairs's work.

4. Summarize and report the results of nationwide online self-inspection of labor laws when requested by competent state management agencies.

5. Based on the results of self-inspection, promptly advise the Minister to effectively manage state administration over labor; propose inspection plans for compliance with laws and plans to strengthen adherence to labor laws by the Ministry and provide guidance to localities on annual labor inspection work.

Article 11. Responsibilities of the Labor, Invalids and Social Affairs Inspectorate under Provincial Departments

1. Guide enterprises to register accounts for reporting the results of online self-inspection and report the results of online self-inspection.

2. Analyze and evaluate the results of online self-inspection, send recommendations to enterprises, and propose inspection plans for approval by the competent authority.

3. Submit to the competent authority for issuance of decisions for surprise inspections when signs of violation of labor laws are detected through reports of online self-inspection results or non-compliance with reporting requirements.

4. Compile the situation of self-inspection at labor establishments within their jurisdiction and submit it to the Labor, Invalids and Social Affairs Inspectorate under the Ministry of Labor, Invalids and Social Affairs according to the form specified in Appendix I attached to this Circular before October 15 each year.

5. Based on the results of self-inspection, promptly advise the Director of the Department to effectively manage state administration over labor in the locality; propose inspection plans for compliance with laws and plans to strengthen adherence to labor laws in the locality annually.

Chapter III

IMPLEMENTATION

Article 12. Resources and Conditions Ensuring Self-Inspection Work

1. The Minister of Labor, Invalids and Social Affairs is responsible for ensuring conditions and funding for the Labor, Invalids and Social Affairs Inspectorate under the Ministry of Labor, Invalids and Social Affairs to perform tasks as stipulated in Article 10 of this Circular.

2. The Director of the Labor, Invalids and Social Affairs Department is responsible for ensuring conditions and funding for the Labor, Invalids and Social Affairs Inspectorate under the Provincial Department to perform tasks as stipulated in Article 11 of this Circular.

3. Employers are responsible for ensuring conditions and funding to organize and implement self-inspection work and reporting as prescribed in this Circular.

Article 13. Measures for handling organizations and individuals who fail to comply with the provisions of this Circular

Organizations, enterprises, and individuals failing to comply with self-inspection work and reporting as prescribed in this Circular shall be grounds for the State Inspectorate on Labor to conduct surprise inspections or include them in the inspection plan for the following year, and at the same time, they shall be aggravating circumstances for determining the level of administrative penalties; if serious consequences result, criminal responsibility will be pursued and other forms of handling will be applied according to the law.

Article 14. Awards

1. The Minister of Labor, Invalids, and Social Affairs shall consider awarding Certificates of Merit to agencies, organizations, enterprises, and individuals who strictly comply with labor laws upon the recommendation of the Inspector General of the Ministry of Labor, Invalids, and Social Affairs.

2. The Inspector General of the Ministry of Labor, Invalids, and Social Affairs shall consider awarding Commendation Letters to agencies, organizations, enterprises, and individuals who strictly comply with self-inspection work and reporting as prescribed in this Circular.

Article 15. Effective Date

1. This Circular takes effect from January 1, 2019.

2. Decision No. 02/2006/QĐ-BLĐTBXH dated February 16, 2006, issued by the Minister of Labor, Invalids, and Social Affairs, promulgating the regulations on the use of self-inspection forms for implementing labor laws, shall become invalid when this Circular takes effect.

3. In case of difficulties during implementation, units shall report to the Ministry of Labor, Invalids, and Social Affairs for consolidation and resolution./.