Chương VII Nghị định 05/2015/NĐ-CP hướng dẫn bộ luật lao động: Điều khoản thi hành

Chapter VII

IMPLEMENTATION

Article 37. Effect

1. This Decree takes effect from March 1, 2015.

2. The Government’s Decree No. 196 / CP of December 31, 1994, detailing and guiding the implementation of a number of articles of the Labor Code on collective bargaining agreements; the Government’s Decree No. 93/2002 / ND-CP of November 11, 2002, amending and supplementing a number of articles of the Government’s Decree No. 196 / CP of December 31, 1994, detailing and guiding the implementation of some articles of the Labor Code on collective bargaining agreements; the Government’s Decree No. 41 / CP of July 6, 1995, detailing and guiding the implementation of some provisions of the Labor Code on labor discipline and material responsibility; the Government’s Decree No. 33/2003 / ND-CP of April 2, 2003, amending and supplementing a number of articles of the Government’s Decree No. 41 / CP of July 6, 1995, detailing and guiding the implementation of some articles of the Labor Code on labor discipline and material responsibility; the Government’s Decree No. 11/2008 / ND-CP dated January 30, 2008, defining compensation for damages if the illegal strike causes damage or loss suffered by the employer and the previous provisions contrary to the provisions of this Decree shall become ineffective from the effective date of this Decree.

Article 38. Transitional provisions

1. If the employment contracts, collective bargaining agreements , labor regulations and regulations of the employer are signed or issued before the effective date of this Decree, the parties involved shall revise, amend, supplement and implement procedures promulgated in accordance with the provisions of this Decree.

2. If 100% state-owned enterprises or enterprises equitized from the state-owned enterprises terminate the employment contract that the employees have the time to work in agencies, organizations, units and business in the state sector and transfer to another work at the enterprise before January 01, 1995 but have not received a severance allowance or redundancy pay, the employer shall pay the severance allowance or redundancy pay for the time when the employee has worked for him/ her and pay severance allowance for the time when the employee has worked for previous agencies, organizations, units and enterprises in the state sector.

3. If employees working in a state-owned single member limited companies are appointed by competent authorities to be the members of the Member assembly or the company president, General Director (Director), Deputy general director (Deputy director), Supervisor, chief Accountant or assigned to be representatives of the contributed capital and work in other businesses before the effective date of this Decree, the period of postponement of the employment contract under the provisions of Article 9 of this Decree shall be counted from the date on which these employees are appointed or assigned to represent the contributed capital

Article 39. Responsibility for implementation

1. The Minister of Labor, War Invalids and Social Affairs shall provide the guidance on implementation of this Decree

2. Minister, Heads of ministerial-level agencies, Heads of Governmental agencies, the president of the People’s Committee in central-affiliated cities and provinces and agencies, organizations, businesses and individuals involved shall be responsible to implement this Decree