Circular No. 36/2012/TT-BLDTBXH supplements the list of occupations and jobs that are arduous, hazardous, dangerous, and particularly arduous, hazardous, and dangerous as prescribed by the Labor Code. This Circular applies to all agencies, enterprises, and labor-using establishments within the territory of Vietnam.
适用范围
Agencies, enterprises, establishments, and individuals using labor operating within the territory of Vietnam, including international organizations (except where international treaties provide otherwise).
要点
- Issuing authority: Minister of Labor, Invalids, and Social Affairs.
- Occupations and jobs added to the list must comply with labor laws.
- Employers have the responsibility to ensure that workers engaged in occupations and jobs specified in Clause 1, Article 1 and Clause 2, Article 2 of this Circular enjoy labor protection benefits, wages, and social insurance.
- Workers engaged in occupations and jobs issued in this Circular and previous decisions shall be entitled to labor protection benefits, wages, and social insurance.
- This Circular takes effect from May 1, 2013.
🌐 本文件的社会影响
- Positive impact: Workers engaged in arduous and hazardous occupations will be better protected both legally and practically.
- Negative impact: It may increase costs for businesses in complying with labor protection regulations.
❓ 常见问题
Who does this Circular apply to?
This Circular applies to all agencies, enterprises, and labor-using establishments operating within the territory of Vietnam, including international organizations (except where international treaties provide otherwise).
What responsibilities do employers have?
Employers have the responsibility to ensure that workers engaged in occupations and jobs specified in Clause 1, Article 1 and Clause 2, Article 2 of this Circular enjoy labor protection benefits, wages, and social insurance.
Which occupations will workers be entitled to special benefits?
Workers engaged in occupations and jobs issued in this Circular and previous decisions shall be entitled to labor protection benefits, wages, and social insurance.
When does this Circular take effect?
This Circular takes effect from May 1, 2013.
Who will resolve any issues encountered?
In the course of implementation, any difficulties should be reported to the Ministry of Labor, Invalids, and Social Affairs for study and resolution.
全文
CIRCULAR
Issuing supplementary List of Occupations and Jobs that are arduous, hazardous, and dangerous, and particularly arduous, hazardous, and dangerous,
particularly arduous, hazardous, and dangerous
________________________
Pursuant to the Labor Code dated June 23, 1994; Law Amending and Supplementing Certain Articles of the Labor Code dated April 2, 2002; Law Amending and Supplementing Certain Articles of the Labor Code dated June 29, 2006; Law Amending and Supplementing Certain Articles of the Labor Code dated April 2, 2007;
Pursuant to the Social Insurance Law dated June 29, 2006;
Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - War 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 supplementary list of occupations and jobs that are arduous, hazardous, and dangerous, and particularly arduous, hazardous, and dangerous,
Article 1.
1. Issuing supplementary List of "Occupations and Jobs that are Arduous, Hazardous, and Dangerous, and Particularly Arduous, Hazardous, and Dangerous", detailed in the Appendix attached hereto.
2. This Circular applies to all agencies, enterprises, establishments, and individuals employing labor within the territory of Vietnam, including international organizations, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.
Article 2.
1. Employers shall be responsible for ensuring that workers engaged in the occupations and jobs specified in Clause 1, Article 1, and Clause 2, Article 2 of this Circular enjoy the labor protection, wage, and social insurance benefits prescribed in the Labor Code, the Law Amending and Supplementing Certain Articles of the Labor Code, and the implementing regulations.
2. Workers engaged in the occupations and jobs listed in this Circular and Decisions No. 1453/LDTBXH-QD dated October 13, 1995, Decision No. 915/LDTBXH-QD dated July 30, 1996, Decision No. 1629/LDTBXH-QD dated December 26, 1996, Decision No. 190/1999/QD-BLDTBXH dated March 3, 1999, Decision No. 1580/2000/QD-BLDTBXH dated December 26, 2000, and Decision No. 1152/2003/QD-BLDTBXH dated September 18, 2003 issued by the Minister of Labor, Invalids, and Social Affairs shall be entitled to apply and enjoy the benefits regarding labor protection, wages, and social insurance as prescribed for such occupations and jobs.
Article 3.
This Circular takes effect from May 1, 2013.
Any difficulties encountered during implementation should be reported to the Ministry of Labor, Invalids, and Social Affairs for study and resolution./.
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