Circular No. 29/2021/TT-BLDTBXH on labor classification standards based on working conditions

CIRCULAR

Regulations on labor classification standards based on working conditions

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Pursuant to the Labor Safety Law dated June 25, 2015;

Pursuant to Decree No. 14/2017/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;

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

Minister of The Ministry of Labor, Invalids and Social Affairs issues this Circular to regulate labor classification standards based on working conditions.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates labor classification standards based on working conditions.

Article 2. Applicability

1. Employers and employees as provided for in Article 2 of the Labor Safety and Health Law.

2. Organizations implementing the assessment and classification of labor based on working conditions.

3. Other organizations and individuals related to the activities of assessing and classifying labor based on working conditions.

Chapter II

LABOR CLASSIFICATION BASED ON WORKING CONDITIONS AND METHODS, PROCEDURES FOR DETERMINING WORKING CONDITIONS

Article 3. Labor classification based on working conditions

1. Types of working conditions

a) Particularly arduous, hazardous, and dangerous occupations and jobs are those with working conditions classified as Levels V and VI.

b) Arduous, hazardous, and dangerous occupations and jobs are those with working conditions classified as Level IV.

c) Non-arduous, non-hazardous, and non-dangerous occupations and jobs are those with working conditions classified as Levels I, II, and III.

2. Principles for labor classification based on working conditions

Labor classification based on working conditions must be based on the results of the assessment and determination of working conditions according to the methods prescribed in this Circular.

Article 4. Purpose of using the method for labor classification based on working conditions

The method for labor classification based on working conditions issued along with this Circular shall be used for the following purposes:

1. Establishing, amending, supplementing, or removing from the List of arduous, hazardous, and dangerous occupations and jobs and particularly arduous, hazardous, and dangerous occupations and jobs (hereinafter referred to as the List of Occupations).

2. Classifying labor based on working conditions for arduous, hazardous, and dangerous occupations and jobs and particularly arduous, hazardous, and dangerous occupations and jobs under the responsibility of employers to implement labor protection regimes and health care for workers as stipulated in Clause 3 of Article 22 of the Labor Safety and Health Law.

Article 5. Organization for evaluating working conditions

The organization for evaluating working conditions must be an organization meeting the conditions for operating occupational environment monitoring as prescribed by the Labor Safety and Health Law.

Article 6. Methods and procedures for determining working conditions

The evaluation and determination of working conditions shall be carried out according to the following procedure:

1. Identifying the name of the occupation or job to be evaluated for working conditions.

2. Evaluating working conditions according to the system of indicators for working conditions:

a) Step 1: Identify biological factors affecting workers in the system of indicators for working conditions specified in Appendix I attached to this Circular (hereinafter referred to as Appendix I).

b) Step 2: Select at least six (6) characteristic factors corresponding to each occupation or job. These factors must ensure sufficient representation of the three groups of factors in the system of indicators for working conditions specified in Appendix I.

c) Step 3: Choose one (1) indicator for each characteristic factor selected in Step 2 to conduct the evaluation and score, based on ensuring the following principles:

- The scoring scale for evaluating the degree of arduousness, hazard, and danger of each factor is the six-point scale specified in Appendix I. The higher the degree of arduousness, hazard, and danger, the higher the score.

- If the worker's exposure time to these factors is less than fifty percent (50%) of the work shift time, the score decreases by one (1) point. For toxic chemicals, electromagnetic fields, vibration, noise, ionizing radiation, pressure changes, and infectious disease-causing factors, the classification score decreases by one (1) point when the exposure time is less than twenty-five percent (25%) of the work shift time.

- For factors with permitted exposure times, decrease by one (1) point if the actual exposure time during work is below fifty percent (50%) of the permitted exposure time.

- For factors that can use multiple indicators (two or more) for evaluation, only select one main indicator for evaluation and scoring; other indicators may be evaluated for reference and additional data for the main indicator.

d) Step 4: Calculate the average score of the factors according to the formula:

Where:

Average score of the factors.

n: Number of factors evaluated in Step 3 (n≥6)

X₁, X₂,...X_{For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.}: Score of the first, second,..., nth factor.

d) Step 5: Summarize the results on the form specified in Appendix II attached to this Circular and determine the working condition level based on the average score of the factors () as follows:

-  ≤ 1.01: Working condition level I;

- 1,01 <≤ 2.22: Working condition level II;

- 2,22 <≤ 3.37: Working condition level III;

- 3,37 <≤ 4.56: Working condition level IV;

- 4,56 <≤ 5.32: Working condition level V;

-  > 5.32: Working condition level VI.

Chapter III

IMPLEMENTATION

Article 7. Responsibilities of the Occupational Safety and Health Inspection Department

1. Based on proposals from employers and sector management agencies, the Occupational Safety and Health Inspection Department shall take the lead and coordinate with relevant agencies under sector management agencies and organizations researching occupational safety and hygiene to review and assess the List of Occupations to propose the Minister of Labor, Invalids and Social Affairs consider and decide on amending, supplementing, or removing occupations from the List of Occupations as stipulated in Article 22 of the Law on Occupational Safety and Health.

2. Implement regular, periodic, and spot inspections and supervision of labor condition assessment activities in accordance with the provisions of the law.

Article 8. Responsibilities of the Department of Labor, Invalids and Social Affairs

1. Coordinate with relevant agencies to disseminate and guide enterprises within their jurisdiction to implement this Circular.

2. Inspect, check, and report on labor condition assessment activities within their jurisdiction in accordance with the provisions of the law.

Article 9. Amending, Supplementing, or Removing Occupations from the List of Heavy, Hazardous, and Dangerous Jobs and Particularly Heavy, Hazardous, and Dangerous Jobs

1. The amendment, supplementation, or removal from the List of Occupations must ensure the following principles:

a) The review and assessment must be conducted for occupations and jobs within specific sectors.

b) The process of selecting samples for review and assessment must be carried out in accordance with each type and scale of production, business, service establishments and regional representatives sampled.

c) The results of the review, assessment, and classification of workers according to labor conditions used to propose amendments, supplements, or removal from the List of Occupations are the results of reviews and assessments conducted within a period not exceeding 12 months up to the time of proposal.

2. Based on the results of worker classification according to the method prescribed in this Circular, in cases where it is necessary to amend, supplement, or remove from the List of Occupations, the employer shall submit a document to the relevant sector management agency for consideration and consolidation, while also sending it to the Ministry of Labor, Invalids and Social Affairs.

Documents attached to the proposal for amending, supplementing, or removing heavy, hazardous, and dangerous jobs and particularly heavy, hazardous, and dangerous jobs from the List:

a) Summary of current job titles and special positions in sectors and fields and comparison with the List of Occupations issued by the Minister of Labor, Invalids and Social Affairs; reasons for proposing supplementation and amendment.

b) Measurement and evaluation data of distinctive factors regarding labor conditions for proposed supplementary and amended job titles and a summary record sheet of results according to the model prescribed in Appendix II issued together with this Circular.

c) A consolidated table proposing amendments and supplements to the classification of heavy, hazardous, and dangerous jobs and particularly heavy, hazardous, and dangerous jobs according to the model prescribed in Appendix III issued together with this Circular.

3. Sector management agencies shall review heavy, hazardous, and dangerous jobs and particularly heavy, hazardous, and dangerous jobs under their management; consider the opinions of employers to propose amendments and supplements to the List of Occupations in line with economic and social development, science and technology, and management during each period, and send them to the Ministry of Labor, Invalids and Social Affairs.

Article 10. Responsibilities of employers and relevant agencies

1. Employers shall conduct reviews, evaluations, and classifications of workers for the first time and when there are changes in technology or production organization procedures leading to changes in working conditions, or when conducting risk assessments under the Labour Safety and Health Law and discovering new hazardous factors compared to previous assessments, but must ensure that reviews, evaluations, and classifications of working conditions are conducted at least once every five years.

2. For occupations and jobs listed in the Occupational List where employers have implemented measures to eliminate or reduce the impact of heavy, toxic, and dangerous factors, employers shall organize worker evaluations and classifications and propose them to the Ministry of Labour, Invalids and Social Affairs for consideration and comments on the results of the evaluations and classifications. They must also submit the documents specified in Clause 2 of Article 9 of this Circular.

3. Worker evaluations and classifications shall be conducted using the worker classification methods issued with this Circular.

4. Employers and related organizations have the responsibility to fully implement all systems for workers engaged in heavy, toxic, and dangerous occupations and extremely heavy, toxic, and dangerous occupations as stipulated by relevant laws.

5. For occupations and jobs that have been evaluated and classified according to the provisions of Clause 2 of this Article and no longer have the distinctive characteristics or conditions of heavy, toxic, and dangerous occupations and extremely heavy, toxic, and dangerous occupations, employers are not required to implement systems for workers engaged in heavy, toxic, and dangerous occupations and extremely heavy, toxic, and dangerous occupations after receiving comments from the Ministry of Labour, Invalids and Social Affairs.

Article 11. Implementation Provisions

1. This Circular takes effect from April 15, 2022.

2. During implementation, if there are any difficulties, they should be reported to the Ministry of Labour, Invalids and Social Affairs for consideration and resolution./.