Circular No. 21/LDTT detailing and guiding the recruitment of temporary workers and the signing of labor contracts between employers and workers.

CIRCULAR

OF THE MINISTRY OF LABOR NUMBER 21/LD-TT ON NOVEMBER 8, 1961
REGULATING AND GUIDING THE RECRUITMENT OF TEMPORARY WORKERS AND THE CONCLUSION OF LABOR CONTRACTS
BETWEEN EMPLOYERS AND WORKERS

THE MINISTER OF LABOR

Respected: Ministries, central sectors

Administrative committees, cities, provinces

Labor departments, bureaus, offices

I. PURPOSE AND SIGNIFICANCE

Previously, regulations on the recruitment of temporary workers and the conclusion of labor contracts were not specified and guided by the State, so when planning to recruit workers, many sectors could not distinguish between long-term and temporary workers needed. When recruiting temporary workers, some places did not conclude labor contracts. The contents of concluded contracts were inconsistent, incomplete, and even many contracts violated current labor laws and regulations. The implementation of contracts after signing was also not strictly enforced. This situation has adversely affected the completion of production and construction plans for some sectors, and state management and cooperative management of workers have faced many difficulties. Moreover, it does not ensure the full implementation of labor rights and benefits for workers.

Currently, the northern region has entered a period focusing on building socialism and implementing the first five-year plan (1961-1965). The need for additional workers for developing economic sectors is increasing day by day. However, due to the nature of production and construction in many sectors, especially basic construction, which depends on weather conditions, seasons, or faces difficulties with design, raw materials, consumption, etc., although the number of workers needed is large, most of them can only be recruited temporarily.

On the other hand, new production relations have been established in cities and rural areas, agricultural cooperatives, and handicraft cooperatives are gradually advancing from lower levels to higher levels, and their scale is expanding continuously. Combined with the water conservancy movement, tool improvement, and gradual mechanization, agricultural and handicraft production will develop strongly, thus not only attracting a considerable workforce but also gradually making labor utilization reasonable and planned.

Therefore, the State's regulations on the recruitment of temporary workers must be formulated to suit the current situation, the nature of production and construction in state-owned economic sectors, and the new production relations in cities and rural areas.

In light of this situation, based on the provisions of the Constitution adopted by the National Assembly on December 31, 1959, and the temporary regulations on the recruitment and use of workers in rural areas issued by the Government on September 9, 1960, the Ministry of Labor issues this circular to regulate and guide the recruitment of temporary workers and the conclusion of labor contracts between employers and workers with the aim of:

- Strengthening the management of worker recruitment and utilization by sectors to reasonably allocate the workforce from cities and rural areas into economic development. At the same time, contributing to solving employment for those who lack jobs.

- Through the conclusion of labor contracts, enhancing the sense of ownership and responsibility of sectors using workers and workers themselves in ensuring the successful completion of state plans and fully implementing current labor policies and regulations for workers.

Thus, the recruitment of temporary workers by sectors according to the unified regulations of the State and the implementation of labor contracts between employers and distributors not only reasonably allocate the State's workforce into economic sectors but also help cooperatives manage labor and be proactive in implementing production plans. On the other hand, it is beneficial for both the employing sector and the workers. For the employing sector, it organizes labor efficiently, reduces staffing while still having a workforce ready to ensure production and construction plans. For workers, the rights and benefits guaranteed by the employing sector are fully implemented.

II. PRINCIPLES FOR RECRUITING TEMPORARY WORKERS AND CONCLUDING LABOR CONTRACTS

The recruitment of temporary workers into production, construction, and business units of state-owned economic sectors and administrative service units to perform temporary work, seasonal work, or seasonal tasks must follow the following principles:

- It must not exceed the labor quota of the state plan, and recruitment must be based on the worker quota distributed by the Ministry of Labor (if it is part of the central plan) and the provincial, city, or district administrative committee (if it is part of the local plan).

- It must comply with current labor principles, procedures, and regulations, and register labor contracts between employers and workers or organizations representing workers.

- It must recruit people capable of ensuring production and work, while combining with arranging jobs for those lacking work in accordance with the nature of production.

- It must unify the distribution of worker recruitment to the labor department. When recruiting locally, it must be distributed and introduced by the county, commune, ward administrative committee, and if the worker is a cooperative member, recruitment and contract signing must be based on the cooperative management board. Administrative committees at all levels have the responsibility to assist sectors in quickly recruiting workers to avoid missing plans and wasting time and money.

- When concluding labor contracts, democratic discussion and agreement must be reached between employers and workers; the content of the contract must reflect two aspects: striving to ensure the successful completion of state plans and ensuring the rights and benefits of workers according to current state labor regulations.

III. CONDITIONS AND OBJECTIVES FOR RECRUITMENT

When sectors, units recruit and localities arrange and introduce workers, they must ensure the following conditions and objectives:

A. CONDITIONS

People recruited must meet the following criteria:

- Possess sufficient labor capacity, profession, and health according to production and work requirements.

- Have a clear record without losing citizenship rights;

- Age eighteen or older, for light work that does not harm health, persons aged sixteen or seventeen may be recruited but must be approved by the Labor Authority;

People recruited must meet the following criteria:

- An introduction letter from the People's Committee of the commune or ward;

- A registration certificate or a vocational qualification certificate (if the person has a trade);

Depending on the nature of the work, additional documents such as the following may be required:

- A summary of the curriculum vitae certified by the People's Committee of the commune or ward;

- A health examination certificate issued by a doctor...

Persons who are members of cooperatives or craft groups and workers in cities arranged and introduced to work collectively at enterprises, construction, agricultural, forestry, and fishery farms established locally by the People's Committee of the commune or ward and the Cooperative Management Board must also meet the above conditions, but they do not need individual documents but only a common list for the employing unit. The People's Committee of the commune or ward and the Cooperative Management Board shall be responsible and directly manage those they arrange to go. For people in rural areas outside cooperatives, they can also be listed together with cooperative members.

B. OBJECTS

All Vietnamese citizens and foreign residents permitted to reside in Vietnam, if meeting the above conditions and willing to work, will be hired if required by state production and construction sectors.

However, currently there are still many people without jobs in cities and rural areas, therefore, when introducing people for recruitment by sectors, the Labor Authority and the People's Committee of the commune or ward should prioritize arranging for those without employment, first those without jobs in cities (those already employed in handicraft cooperatives, working for trade, etc., are not considered jobless).

Based on the recruitment conditions and objects mentioned above, depending on the requirements and nature of production and work, industries and employing units may set specific conditions suitable to their needs, but they must discuss and reach consensus with the Labor Authority.

IV. THE CONCLUSION AND IMPLEMENTATION OF LABOR CONTRACTS

Labor contracts are concluded on the principle of voluntariness and agreement between the employing unit and the collective or individual worker. One party, the collective or individual worker, commits to completing the tasks assigned by the employing unit and enjoying benefits according to the work performed; the other party, the employing unit, commits to ensuring compliance with current labor regulations for the worker and creating all necessary conditions for the worker to fulfill their tasks well.

The conclusion of labor contracts is the responsibility of industries and employing units when recruiting temporary workers. After signing, the labor contract has legal validity, and both parties are strictly responsible for its implementation.

A. FORMS OF CONTRACT

Based on location and the nature of production and construction of industries, three forms of contract are now stipulated as follows:

1. Fixed-term labor contract, applicable to temporary work requiring the use of workers for a certain period. Upon expiration of the term specified in the contract, the worker has the right to terminate the job, and the employing unit has the right to dismiss the worker. The term of the contract may range from one to twelve months. In cases requiring more than twelve months, it is only for special circumstances, and the employing unit must negotiate and reach consensus with the Labor Authority. Work lasting less than one month does not require a contract but can be agreed verbally between the two parties, but if either party requests, a contract must be signed.

2. Seasonal labor contract, applicable to work that cannot be done year-round but is seasonal due to dependence on natural conditions, weather, raw materials, etc. Therefore, the contract must be signed seasonally, annually, and the employing unit must notify the worker to start work when the season begins, and the worker rests when the work ends. This type of contract should be concluded between cooperatives and enterprises, construction sites, or between enterprises and construction sites with off-season work that can be reasonably scheduled to utilize workers effectively...

3. Piece-rate labor contract, applicable to work where the employing unit can entrust workers with tasks concerning quantity, technique, and time. Workers commit to completing the work and receiving a certain amount of wages and social welfare benefits according to the piece-rate system. This contract can apply to annual work but without a fixed schedule, such as cargo handling, raft reception, etc.

B. CONTENT OF CONTRACT

The content of the contract must ensure two aspects: emphasizing the sense of responsibility of the employing unit and the worker in fulfilling production and construction plans and the rights of the worker as agreed upon by both parties. Therefore, the contract must include the following main points:

1. The work, time, and place of work for the worker

2. Working conditions and labor protection

3. Responsibilities and rights of the worker (wages, social welfare, etc.)

4. Responsibilities of the employing unit towards the worker

5. Commitments of both parties and ways to resolve special cases that may arise

6. Effectiveness of the contract

The commitments recorded in the contract must not be lower than economic and technical indicators, labor productivity standards of the state plan, and must not violate current labor laws and regulations.

The contract must be certified by the People's Committee of the commune or ward (if new recruitment) or the Department of Labor (if out-of-period). In cases where units recruit few workers, and the workers come from different counties and communes, making it impossible to have local officials sign the contract, and the workers must gather at the county or provincial level to sign the contract, then the People's Committee of the county or the Department of Labor will certify the contract based on the introduction letter of the workers from the People's Committee of the commune or ward.

To ensure that the content of the contract complies with current labor regulations, when units need to recruit, they must not only exchange with the Labor authorities regarding the number, recruitment conditions, and working hours but also discuss and agree on the benefits and rights of workers, and after the contract has been signed, the employing unit must submit it to the Labor authority for monitoring and supplementation if necessary.

On the other hand, departments, bureaus, and offices of Labor must guide the administrative committees of counties and communes to understand current labor policies and regulations so that when certifying contracts, they can do so accurately and correctly.

C. RESPONSIBILITY FOR SIGNING CONTRACTS

For the labor contract to be enforceable and to enhance the responsibility of both the employing unit and the worker in its implementation, the signing of the contract must be done by persons with sufficient authority and legal capacity. Therefore:

- On behalf of the industry or unit, the head of the agency, representative of the factory management board, store, farm, forest, etc., must sign the contract. If authorized to another person to sign, there must be valid documentation, and the authorizer must bear the same responsibility as if they had signed themselves.

- On behalf of the worker, it must be the management board of agricultural cooperatives, handicraft cooperatives, or work teams (if the worker is a cooperative member recruited to work locally, directly assigned and arranged by the cooperative management board) or representatives of the workers. The representative of the workers signing the contract with the employing unit must be appointed by the cooperative management board (if a cooperative member) or elected by fellow workers (if a non-cooperative member) and recognized by the commune administrative committee or neighborhood committee.

For those outside cooperatives, if willing and agreed upon by the cooperative management board, they may be included in the list of cooperative members represented by the management board in signing the contract with the employing unit.

D. IMPLEMENTATION OF THE CONTRACT AFTER SIGNING:

After the labor contract is signed by the employing unit and the worker and certified by the competent authority, it becomes effective. Therefore, the correct implementation of the contract is the obligation of both parties towards the State, and at the same time, it is the responsibility between the two parties. Hence, regardless of circumstances, both parties must strive to overcome difficulties to implement the contract as stipulated.

The labor contract can only be adjusted or terminated when the State adjusts or terminates production plans or construction targets of the employing unit and modifies labor regulations. Additionally, during the implementation of the contract, if either party encounters objective difficulties that cannot be resolved such as design issues, raw materials shortages, natural disasters, or if the cooperative faces difficulties affecting seasonal agricultural work requiring temporary workers, or if the worker needs to return home due to serious illness or death in the family, then both parties may negotiate to adjust the contract, and the employing unit must report this to the local Labor authority.

During the implementation of the contract, without justifiable reasons, the employing unit must not unilaterally dismiss workers, while workers must not unilaterally leave their jobs or move to work for another unit. Other employing units must not unilaterally accept workers from other units seeking employment. Such cases shall be considered violations of labor regulations.

When the worker completes the period specified in the contract, if the industry or unit wishes to continue using them due to production and work requirements, they must report and obtain the consent of the Labor authority responsible for distributing workers before renewing the contract (the Labor authority should consult and reach agreement with the commune administrative committee and the cooperative where the worker is located). In cases of objective difficulties that the employing unit cannot overcome, such as reduced production plans leading to material shortages, resulting in surplus workers before the end of the contract period, the employing unit must first attempt internal adjustments (mainly within the locality) and report to the Labor authority. If internal adjustment is not possible, the Labor authority will consider transferring the workers to another sector. Only if the Labor authority cannot make adjustments will the workers be allowed to terminate their employment.

To ensure the value of the labor contract, if one party fails to fulfill the contract, the aggrieved party has the right to lodge a complaint with the local Labor authority (where the enterprise, construction site, etc., is located) for resolution, or the Labor authority may refer the matter to court for adjudication if deemed necessary.

V. SCOPE AND OBJECTS OF APPLICATION

This Circular applies to all administrative agencies, public institutions, enterprises, state-owned farms, forest farms, joint-stock companies, and other state economic units.

For cooperative enterprises, handicraft cooperatives, etc., which are collective production organizations of artisans and workers, this Circular does not apply, but they must follow the provisional organizational rules of handicraft cooperatives and the provisional organizational charter of cooperative enterprises issued by the Prime Minister's Office. However, in cases where production development requires additional members or temporary hired workers, they may only recruit people who are unemployed locally and must be reviewed by the neighborhood or commune administrative committee. If specialized workers from outside the locality are needed, they must be distributed, recommended, or approved by the Labor authority.

From the date this Circular takes effect, the recruitment of temporary workers by agencies, enterprises, etc., must comply with the above regulations. For those who have been recruited for temporary work before the issuance of this Circular, if they have not yet signed a contract, the employing units shall negotiate with the workers to sign a contract together. If a contract has already been signed but does not comply with the provisions of this Circular, it must be re-signed, with the working period recorded starting from the day the worker begins their new job to facilitate the implementation of social insurance policies. Those who have worked for a long time without being recruited into the permanent staff or those newly recruited and currently in a probationary period to be considered for permanent staff are not covered by this Circular. Employing units must follow Directive No. 2477/NC dated June 20, 1959, of the Prime Minister's Office and Circular No. 13/LĐ-TT dated July 8, 1959, of the Ministry of Labor when considering them for permanent staff. For those who do not meet the criteria for permanent staff due to old age, loss of labor capacity, etc., current labor policies and regimes shall apply.

Employing units shall not unilaterally terminate contracts with workers in an arbitrary manner, affecting their livelihoods and employment. Before signing contracts with those who have been recruited for temporary work, employing units must reach consensus with local labor departments.

VI. IMPLEMENTATION ORGANIZATION

a. Ministries and central sectors are responsible for leading, supervising, and urging the subordinate units under their management to implement this Circular. If additional detailed regulations are deemed necessary for their sector, they must reach consensus with the Ministry of Labor before issuing them.

b. Administrative Committees of regions, cities, provinces, and Vinh Linh District are responsible for leading all sectors, levels, enterprises, construction sites, farms, forestry farms, etc., within their jurisdiction (including units under central sectors) to strictly implement this Circular.

c. Labor Departments assist Regional, City, and Provincial Administrative Committees in guiding all sectors and levels to implement the following tasks:

1. Organizing the distribution of workers, guiding and urging County and Commune Administrative Committees to ensure the supply of workers to using sectors and guiding inspections to ensure compliance with state labor policies and regimes.

2. Guiding and inspecting using sectors to implement recruitment rules and labor contract signing procedures: monitoring the implementation of signed contracts, having the authority to recommend that using sectors amend contract commitments that contravene current labor laws and regimes.

3. Cooperating with Trade Unions and related sectors to mediate disputes and violations of labor contracts. In cases where mediation fails, they shall refer the matter to court for adjudication according to the law.

4. Having the authority to propose disciplinary actions against units or individuals violating recruitment rules and failing to properly execute labor contracts.

To ensure the effective implementation of this Circular, the Ministry of Labor requests all ministries, sectors, Administrative Committees, and Labor Departments of regions, cities, and provinces to widely disseminate it to all sectors, levels, enterprises, construction sites, etc., and cooperatives. When guiding its implementation, Labor Departments should organize pilot programs at some enterprises and construction sites to draw lessons and promptly identify deviations to correct other sectors and units in the locality.

During the implementation process, if there are experiences, mistakes, or difficulties, please report them to the Ministry of Labor for further explanation or supplementary research.

Nguyen Van Tao

(Signed)

SAMPLE

LABOR CONTRACTS

- Implementing the Interim Regulations on Recruitment and Utilization of Workers in Rural Areas issued by the Government on September 9, 1960.

- Based on Circular No. 21 dated November 8, 1961, of the Ministry of Labor guiding the recruitment of temporary workers and the signing of labor contracts between recruiting units and workers.

- Based on current labor regimes.

- According to the allocation plan of the Department (or Bureau, Office) of Labor... in Document No.... dated..., and arranged by the Administrative Committee of the Commune (or Ward, Town)...

We, one party being Mr./Ms.... representing the construction site (or enterprise, farm, etc.)... authorized to recruit workers, and the other party being Mr./Ms.... representing the workers (1 person from the commune (or ward, town)... district (or region, district)... province (or city)...), hereby agree to sign a labor contract... (2) as follows:

Article 1. Work, duration, and place of work (must be clearly stated):

- The work assigned to the worker (or accepted on a piecework basis)

- Duration of work (for how many months)

- Place of work.

Article 2. Working conditions for the worker (must be clearly stated):

- Working hours

- Tools for work (self-provided or provided by the employer)

- Safety equipment (if applicable)

Article 3. Duties and benefits of the worker (must be clearly stated)

a. Tasks:

- Strive to complete the tasks assigned by the employer.

- Adhere to internal regulations and safe labor practices, etc.

b. Benefits (3)

- Salary and regional allowances (if applicable)

- Travel expenses for going and returning;

- Social welfare benefits (food, accommodation, illness, childbirth, etc.)

- Compensation for work-related accidents (if they occur);

- Annual leave and holidays;

- Political education; cultural education; technical training;

- Awards, etc.

Article 4. Responsibilities of the employer (must be clearly stated):

- Organizing and reasonably utilizing labor;

- Ensuring full implementation of all benefits for the worker as stipulated in the contract.

Article 5: General Provisions (must be clearly stated) (5)

- Methods for handling special cases that may arise, such as changes to production plans, construction, shortages of raw materials, etc...

- The commitments of both parties in the performance of the contract;

- The contract shall take effect from the date of ... month ... year 196... and shall remain valid until the date of ... month ... year 196...

This contract consists of four copies:

- One copy to be kept by the user unit;

- One copy to be kept by the representative of the workforce;

- One copy to be sent to the Department (or Bureau, Office of Labor) where the workforce is distributed;

- One copy to be sent to the Department (or Bureau, Office of Labor) where the construction site enterprise is located...

Made at ... on the ... day of ... month ... year 196...

Authentication by the People's Administrative Committee of the commune (ward, town) or the People's Administrative Committee of the district, department, bureau, office of labor.

Signature and stamp

Note:

1. If the workforce is a member of a cooperative society or organization, then the name of the Management Board representative must be recorded. If the workforce is outside a collective organization, then the name of the representative or individual (if hiring one person) must be recorded. A list must accompany if it is a representative signing.

2. Depending on the nature of the work and the agreement of both parties, record whether it is a fixed-term labor contract, a project-based contract, seasonal contract, or piecework contract.

3. Regarding the benefits of the workforce, refer to Circulars No. 13, 19, 25, 16, etc., issued by the Ministry of Labor regarding the treatment of workers and temporary laborers, and the wage levels stipulated by the People's Administrative Committee of the region, city, province, and specify them in detail in the contract.

4. If the workforce is paid by daily wage or monthly wage, the wage rate must be clearly specified. If the workforce is paid on a piecework basis, the amount of remuneration that the user unit assigns to the workforce must be clearly specified.

5. Based on Circular No. 21 dated November 5, 1961, issued by the Ministry of Labor guiding the recruitment of temporary workforce and the conclusion of labor contracts (as mentioned in Part IV, Point D), clearly state the methods for handling special cases that may arise.