Chương VI Bộ Luật lao động 2012: Tiền lương

Chapter VI

WAGES

Article 90. Wages

1. Wage is a monetary amount which is paid by an employer to an employee to do a job as agreed by the two parties.

Wage includes a wage amount which is based on the work or title, wage allowance(s) and other additional payments.

An employee’s wage must not be lower than the minimum wage set by the Government.

2. A wage must be paid to an employee based on labor productivity and quality of the work performed.

3. An employer shall pay equal wages without gender-based discrimination to employees doing a job of equal value.

Article 91. Minimum wage

1. Minimum wage is the lowest payment for an employee who performs the simplest job in normal working conditions and must ensure the employee’s minimum living needs and his/her family.

The minimum wage must be determined on a monthly, daily and hourly basis by region or sector.

2. Based on the minimum living needs of an employee and his/her family, the social and economic conditions and wage level in the labor market, the Government shall announce the regional minimum wage based on the recommendations of the National Wage Council.

3. The sectoral minimum wage must be determined through collective bargaining within the sector and recorded in the sectoral-level collective labor agreement but must not be lower than the regional minimum wage announced by the Government.

Article 92. The National Wage Council

1. The National Wage Council is an advisory body of the Government, which is composed of representatives of the Ministry of Labor, War Invalids and Social Affairs, Vietnam General Confederation of Labor and the central employers’ representative organization.

2. The Government shall specify the functions, tasks and organizational structure of the National Wage Council.

Article 93. Formulation of wage scales, wage tables and determination of labor norms

1. Based on the principles of formulation of wage scales, wage tables and labor norms stipulated by the Government, an employer shall formulate the wage scale, wage table and labor norms for use as the basis to employ and use labor, to negotiate wage levels in labor contracts, and to pay wages to employees.

2. When formulating the wage scale, wage table and labor norms, an employer shall consult the representative organization of the grassroots-level employees’ collective and publish this information at the workplace of the employees before implementation, and concurrently send them to the district-level state management agency of labor of the locality in which the employer’s production and business establishments are located.

Article 94. Forms of wage payment

1. An employer may select the form of wage payment based on working time, products or piecework. The selected form of wage payment must be maintained for a certain period of time. Any change in the form of payment must be informed by the employer to the employee at least 10 days in advance.

2. Wage may be paid by cash or via the employee’s personal account opened at a bank. In case the wage is paid into the bank account, the employer shall negotiate with the employee on any fees related to the opening and maintenance of the account.

Article 95. Wage payment period

1. Employees enjoying hourly, daily or weekly wages must be paid after the working hour, day or week or paid in a lump sum as agreed by the two parties, provided that wages are paid in a lump sum at least every 15 days.

2. Employees enjoying monthly wages must be paid once a month or once every half of the month.

3. Employees enjoying wages based on products or piecework must be paid as agreed by the two parties; if the work is to be performed in a number of months, each month, the employee must be given an advance wage according to the volume of work completed in the month.

Article 96. Principles of wage payment

An employee must be paid with a full wage in a direct and timely manner.

In special cases in which an employer cannot pay a wage on time to an employee, the employer may not postpone the payment for more than 1 month and shall pay the employee with an additional amount at least equal to the deposit interest rate announced by the State Bank of Vietnam at the time of wage payment.

Article 97. Wage for overtime work and night work

1. An employee who performs overtime work must be paid according to the wage unit or wage for his/her current job as follows:

a/ On normal days, at least equal to 150%;

b/ On weekends, at least equal to 200%;

c/ On public holidays and paid leave days, at least equal to 300%, excluding the wage for public holidays and paid leave days of employees who receive daily wages.

2. An employee who performs night work must be paid with an additional amount at least equal to 30% of the wage calculated according to the wage unit or the wage for a job performed during normal workdays.

3. An employee who performs overtime work at night must be paid under Clauses 1 and 2 of this Article. He/she must be paid with an additional amount equal to 20% of the wage calculated according to the wage unit or the wage for a job performed during daytime.

Article 98. Wage in case of work suspension

In case an employee has to suspend working, he/she shall be paid as follows:

1. If due to the fault of the employer, the employee is entitled to payment of the full wage;

2. If due to his/her fault, he/she is not entitled to payment of wage; other employees in the same unit who also have to suspend the work are entitled to the wages as agreed upon by the two parties, provided that those wages are not lower than the regional minimum wage stipulated by the Government;

3. If due to power or water incidents rather than the fault of the employer, employees or for other objective reasons such as natural calamity, fire, dangerous epidemic, enemy sabotage, relocation of the operation place upon request of a competent state agency, or for economic reasons, the wage for work suspension must be agreed by the two parties but must not be lower than the regional minimum wage stipulated by the Government.

Article 99. Payment of wage via foreman

1. In case foremen or similar intermediary persons are used, the employer who is the principal owner must have a list and addresses of these people together with a list of employees working with them, and must ensure that they comply with the law on wage payment and occupational safety and hygiene.

2. In case a foreman or similar intermediary person fails to pay wages or pays insufficient wages and fails to ensure other interests of employees, the employer who is the principal owner shall pay wages to, and to ensure such interests of, the employees.

In this case, the employer who is the principal owner may request compensation from the foreman or similar intermediary person, or request a competent state agency to resolve the dispute in accordance with law.

Article 100. Advance of wage

1. An employee may be given a wage in advance according to the conditions agreed upon by the two parties.

2. An employer shall advance a wage amount to an employee corresponding to the number of days off which the employee takes to perform citizens’ obligations from 1 week to 1 month at most. The employee shall refund this advance amount, except the case that he/she performs military services.

Article 101. Deductions from wages

1. An employer may only make deductions from the wage of an employee for compensation for damage of tools and equipment of the employer in accordance with Article 130 of this Code.

2. An employee is entitled to know the reasons for his/her wage deductions.

3. Monthly deductions must not exceed 30% of the monthly wage of an employee after having paid compulsory social insurance, health insurance and unemployment insurance premiums and income tax.

Article 102. Allowances, subsidies, rank promotion and wage raise Allowances, subsidies, rank promotion, wage raise and other incentives for employees must be agreed in the labor contracts and the collective labor agreement or stipulated in the regulations of the employer.

Article 103. Bonuses

1. Bonus is a sum of money paid by an employer to his/her employees on the basis of annual business results and the level of work performance of employees.

2. Bonus regulations must be decided and publicly announced by the employer at the workplace after consultation with the representative organization of the grassroots-level employees’ collective.