Circular No. 23/2000/TT-BLDTBXH guiding the application of certain benefits for workers employed in farms

CIRCULAR

Guidelines on Applying Certain Provisions

for Workers Working in Farms

Pursuant to Resolution No. 03/2000/NQ-CP dated February 2, 2000 of the Government on farm economy, after consulting with relevant ministries and agencies, the Ministry of Labor, Invalids and Social Affairs guides the application of certain provisions for workers working in farms as stipulated in Circular Joint Circular No. 69/2000/TTLT-BNN-TCTK dated June 23, 2000 of the Ministry of Agriculture and Rural Development and General Statistics Office as follows:

I. APPLICABLE OBJECTS

Workers who are at least 15 years old, capable of labor, and have signed a labor contract or agreement with the farm owner including:

1. Rural laborers (agriculture, forestry, fisheries) without employment or insufficient employment;

2. Freelance workers;

3. Workers during the period of waiting for work, on leave from work, etc.

II. SOME SPECIFIC PROVISIONS

1. Recruitment of workers shall comply with the following regulations:

a. The farm owner may recruit workers without a limit on quantity and without discrimination based on the place of residence of the workers.

b. The State encourages the farm owner to recruit workers from farming households, those without sufficient work, the poor, female workers, and first and foremost local workers.

c. The farm owner may directly recruit workers or through the introduction of job service centers.

2. Labor contracts according to the following provisions:

a. Form and duration of labor contracts:

For seasonal or non-regular jobs with a term of less than one year, both parties may conclude a written contract or reach an oral agreement.

For stable or regular jobs with a term of one year or more, both parties shall agree on a specific term and conclude a written contract.

Written labor contracts shall be drafted by the farm owner according to the model attached to this Circular.

b. Content of labor contracts: When concluding a labor contract, both parties shall agree on the following contents to be recorded in the labor contract:

Duration, start time, and end time of the labor contract,

Work tasks of the worker,

Wages for the work and social insurance contributions payable by the farm owner,

Working hours and rest periods,

Safety equipment if required by the job,

Other agreements beneficial to the worker.

c. Suspension of labor contract performance:

Suspension of labor contract performance in cases where the worker goes for military service or other civic duties as prescribed by law,

Both parties shall agree to suspend the performance of the labor contract in cases where the worker has sudden difficult circumstances or harvests their own crops, but must notify the farm owner in advance from 5 to 10 days.

d. Termination of labor contracts in the following cases:

Expiration of the labor contract;

Completion of the work,

Other cases agreed upon by both parties.

3. Wages and social insurance:

1. Supplementing Point 6a following Article 6 of Circular No. 02/2019/TT-BVHTTDL dated July 5, 2019 of the Minister of Culture, Sports and Tourism on the procedures for legal expertise regarding copyright and related rights as follows:Wage level:

The farm owner and the worker shall agree on piecework wages based on the volume of work, the volume of products, or agree on hourly wages based on day, week, month, and based on the industry, profession, and technical complexity of the work. If monthly wages are paid for simple work under normal working conditions, they shall not be lower than the minimum wage set by the Government. The minimum wage applies from January 1, 2000 at 180,000 VND/month until the Government announces a change.

In addition to the aforementioned wage level, the farm owner must also add 15% social insurance and 2% health insurance (based on the agreed wage level) to the worker's wages for voluntary participation in social insurance or self-insurance.

b. Payment method:

In case of daily payment, pay the worker for the day worked; for weekly work, pay the worker for the week worked.

In case of monthly payment, the worker receives wages every 15 days.

In case of payment based on the volume of work or the volume of products completed within less than 15 days, the worker receives wages after completing the work volume or product volume. If completion takes 15 days or more, the worker receives a prepayment of wages every 15 days (unless otherwise agreed by both parties), the amount of prepayment is agreed upon by both parties.

4. Working hours and rest periods:

a. In case of piecework, the worker arranges their own working hours and rest periods, but must complete the work within the agreed deadline.

b. In case the farm owner manages working hours for payment, working hours are agreed upon by both parties but shall not exceed 8 hours/day. In case of urgent need to address natural disasters or difficulties to meet the crop season, both parties may agree to extend working hours, but overtime hours shall not exceed 4 hours/day. Overtime wages and allowances are agreed upon by both parties.

c. In case of working for 30 days/month, the worker gets one day off after every six days of work, but the day off does not necessarily fall on Sunday and is agreed upon by both parties.

d. In case of continuous work for one year or more, the worker gets 12 days of paid leave for each year worked. If there is a partial month, the worker gets an additional day off for each month. Specific leave times are agreed upon by both parties. Both parties may agree that the worker can receive wages instead of taking leave.

5. Occupational safety and health:

The farm owner and the worker must implement measures to prevent occupational accidents and occupational diseases for the worker.

For jobs with hazardous or toxic factors as stipulated in Decision No. 955/1998/QĐ-BLĐTBXH dated September 22, 1998 of the Minister of Labor, Invalids and Social Affairs, during working hours, the farm owner must provide personal protective equipment (safety shoes, hats or helmets, protective gloves, masks, soap, etc.) suitable for each type of work for the worker.

When a worker suffers a work-related accident and must take time off to receive treatment at a healthcare facility (including a communal health station), the farm owner shall bear all medical costs and wages from initial first aid and emergency care until the injured worker's condition stabilizes.

Upon occurrence of a work-related accident, the farm owner must report it to the People's Committee of the commune, ward, or district Department of Labor, Invalids, and Social Affairs. The People's Committee of the commune or ward is responsible for referring the injured worker for evaluation based on the accident report.

The farm owner is liable to compensate the worker with thirty months' worth of wages if the worker's ability to work is reduced by 81% or more, or to the deceased worker's dependents due to a work-related accident or occupational disease, provided that such incidents are not caused by the worker's fault. In cases where the incident is due to the worker's fault, the owner shall provide assistance equivalent to twelve months' worth of wages according to the labor contract.

6. Other matters:

Besides the contents stipulated in Points 1, 2, 3, 4, and 5 of Section II above, the farm owner and the worker may agree upon additional terms beneficial to the worker, such as:

If the worker requires accommodation, the farm owner may provide meals and arrange accommodation ensuring hygiene, order, and social safety.

In case the worker encounters risks, illness, or sudden difficulties, the farm owner is encouraged to implement慰问制度，如探望（喜丧）、资助购药、预支工资、根据自身能力提供困难补助。

When the worker completes assigned tasks excellently or during holidays, the farm owner should reward the worker.

III. IMPLEMENTATION

1.The Departments of Labor, Invalids, and Social Affairs shall cooperate with the Departments of Agriculture and Rural Development to disseminate and provide relevant labor laws and this Circular to farm owners and village and town cadres.

2.County-level labor authorities shall cooperate with Farmers' Associations and Commune People's Committees to utilize mass media for publicity, thoroughly understand the situation, promptly identify and correct errors, encourage and support good examples of implementing economic policies in farms locally.

3.The farm owner has the responsibility to fully implement the provisions of this Circular; and register the use of labor with the county-level labor authority.

This Circular takes effect fifteen days from the date of signature.

Any issues encountered during implementation should be promptly reported to the Ministry of Labor, Invalids, and Social Affairs for study and resolution./.