Chương VI Luật Lao động 1994: Tiền lương

Chapter VI

SALARY

Article 55.- The salary of the employee shall be agreed upon by the two parties to the labor contract and is paid according to the labor productivity as well as the quality and effectiveness of the work. The salary of the employee must not be less than the minimum wage prescribed by the State.

Article 56.- The minimum wage is based on the cost of living and must enable the employee who handles even the simplest work in normal working conditions to recuperate and also to accumulate for expanded reproduction. This minimum wage shall be used as the basis for the calculation of salaries for other types of labor.

The Government shall decide and make public the common minimum wage, the minimum wages to be applied in different areas, the minimum wages in different industries for each period after consulting the Vietnam General Confederation of Labor and the representatives of the employers.

When a rise occurs in the cost-of-living index and causes a drop in the real wage of the employees, the Government shall adjust the minimum wage to ensure this real wage.

Article 57.- The Government shall make public the wage scales and wage groups as basis for determining social and health insurance and for calculating wages for overtime and night-shift duties, suspension of work, and annual and other leaves of the employees after consulting the Vietnam General Confederation of Labor and the representatives of the employers.

Article 58.-

1- The employer is entitled to choose one of the forms of salary payment which are time salary (hour, day, week, month), product salary or package salary. But he/she must maintain the chosen form over a given period of time and must notify the employee of this form of payment.

2- The employee shall receive his/her pay, whether by the hour, the day or the week, immediately after the hour, the day or the week of work, or shall receive a lump sum as agreed upon by the two parties but this lump sum must be paid to the employee at least once within every fifteen days of work.

3- The monthly salaried employee shall receive his/her salary once a month or once every half-month.

4- The employee who is paid by the product or by the package shall be paid as agreed upon by the two parties. If the work is spread over many months, he/she shall receive each months a provisional pay according to the volume of work he/she has done during each month.

Article 59.-

1- The employees shall receive his/her salary directly, fully, on time and at the place of his/her work.

In special cases when the pay is delayed for some reason, this delay must not exceed one month and the employer has to compensate the employee in an amount at least equal to the interest rate published by the State Bank at the time of the payment of the salary.

2- The salary is paid in cash. Any portion of the salary paid by check or money order, issued by the State, shall be agreed upon by the two parties bases on condition that the arrangement does not cause damage or inconvenience to the employee.

Article 60.-

1- The employee is entitled to know the reason for all deductions from his/her salary. Before deducting from the employee's salary, the employer must discuss it with the Executive Committee of the local Trade Union. No deduction shall exceed 30% of the employee's monthly wage.

2- The employer is not allowed to suspend the employee's salary as a form of discipline.

Article 61.-

1- Compensation for overtime labor shall be paid as follows:

a/ On weekdays, it must be equal at least to 150% of the hourly pay for a regular work day.

b/ On weekends or holidays, it must be equal at least to 200% of the hourly pay for a regular work day.

If the overtime hours are worked at night, the employee shall receive additional pay stipulated at Item 2 of this Article.

If the employee later takes time off in an amount equal to the time of his/her overtime work, the employer shall pay him/her only the difference between the amount earned from overtime and that earned during the regular workday.

2- The employee working at night, as stipulated in Article 70 of this Code, shall receive additional pay representing at least 30% of the amount earned during the regular work day.

Article 62.- During the time of work interruption, the employee shall be paid as follows:

1- If the interruption is caused by the employer, the employee shall receive his/her full salary;

2- If the interruption is caused by the employee, he/she shall not receive his/her pay; the other employees in the same unit who must stop working shall receive a pay as may be agreed upon by the two parties, which in no case may be lower than the minimum wage;

3- If the interruption is caused by a disruption of power or water supply, beyond the control of the employer or by any other force-majeure causes, the compensation shall be agreed upon by the two parties, which in no case may be lower than the minimum wage.

Article 63.- Allowances, bonuses, pay raises and other incentives may be agreed upon in the labor contract, the collective accord or stipulated in the regulation of the business.

Article 64.- The employer is responsible for deducting, from the business's annual profits, an amount to reward the employees who have worked for more than one year at the business, according to Government regulations and in conformity with the characteristics of each kind of business.

Article 65.-

1- When the work involves the use of a contractor or an intermediary of a similar role, the employer who is the chief owner of the contract must maintain a complete list of the names and addresses of such persons together with a list of the employees working under them. He/she must ensure that the contractor or the equivalent abide by the prescription of law regarding labor compensation, labor safety and labor sanitation.

2- If the contractor or the intermediary with a similar role does not pay fully, does not pay the employee or does not ensure the other rights and interests of the employee, the employer who is the chief owner of the contract has the responsibility to pay the employee and ensure his/her other rights and interests. In this case, the employer who is the chief owner of the contract is entitled to request the contractor or the intermediary with a similar role to pay compensation to the employee or ask the competent State agency to settle the dispute as prescribed by law.

Article 66.- When a merger or division of the business or assignment of ownership, managerial power or the right to use the business�s property occurs, the succeeding employer has the responsibility to pay the salary and assure other rights and interests of the employee. In the event of bankruptcy of the business, the employee shall have the superior right in the settlement of debts of the business, including salary, severance allowance, social insurance and other rights, interests, benefits of the employee written in the collective accord and labor contract already signed.

Article 67.-

1- When he/she or his/her family meets with difficulty, the employee is entitled to an advance payment of his/her salary on terms agreed upon by the two parties.

2- The employer shall advance payment of salary to the employee who must temporarily suspend his/her work to perform his/her civil obligations.

3- The advance payment of salary to the employee who is under temporary custody or detention shall be defined by the Government.