Circular No. 26/2013/TT-BLDTBXH Issuing the List of Jobs Not to Be Assigned to Female Workers

CIRCULAR

Issuing the List of Jobs Not to Be Assigned to Female Workers

Pursuant to Article 160 of the Labor Code dated June 18, 2012;

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs.

At the proposal of the Director of the Occupational Safety and Health Inspectorate;

The Minister of Labor, Invalids and Social Affairs issues this Circular to provide for the list of jobs not to be assigned to female workers,

Article 1. List of Jobs Not to Be Assigned to Female Workers

Attached hereto is the List of Jobs Not to Be Assigned to Female Workers.

Article 2. Applicability

1. This Circular applies to agencies, enterprises, organizations, cooperatives, households, and individuals using female workers (hereinafter referred to as employers), including:

a) Administrative agencies; public service units; armed forces;

b) Political organizations, political-social organizations, social-professional organizations, other social organizations;

c) Enterprises under all economic sectors;

d) Cooperatives; households;

d) Agencies, organizations of foreign countries, international organizations headquartered in the territory of the Socialist Republic of Vietnam;

e) Other individuals and organizations using female workers.

Article 3. Responsibilities of Employers

1. Shall not assign female workers to perform jobs listed in the attached List of Jobs Not to Be Assigned to Female Workers.

2. Review the jobs currently performed by female workers based on the attached List of Jobs Not to Be Assigned to Female Workers. Based on that, develop plans to reassign, retrain, or transfer them to suitable jobs consistent with their health conditions.

3. Organize mid-year and annual reviews of the implementation of this Circular together with the reviews of occupational safety and health conditions.

Article 4. Responsibilities of Provincial Departments of Labor, Invalids and Social Affairs

1. Coordinate with Provincial Health Departments and local Trade Union Federations to regularly urge, inspect, and supervise the implementation of this Circular.

2. Strengthen inspections, promptly identify and handle violations of laws regarding the employment of female workers.

3. Summarize and report annually to the Ministry of Labor, Invalids and Social Affairs on the implementation of this Circular along with reports on occupational safety and health conditions in their respective areas.

Article 5. Implementation Provisions

1. This Circular takes effect from December 15, 2013.

2. Repeal Joint Circular No. 40/2011/TTLT-BLDTBXH-BYT dated December 28, 2011 of the Joint Circular of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health on the conditions of harmful labor and jobs not to be assigned to female workers, pregnant female workers, or female workers nursing children under 12 months old when this Circular takes effect.

During the implementation process, if there are difficulties or obstacles, please reflect them to the Ministry of Labor, Invalids and Social Affairs for consideration and resolution./.