Chapter II
MINIMUM WAGE, WAGE SCALE, PAYROLL AND LABOR NORMS
Article 4.-
1. The minimum wage level under Article 56 of the Labor Code and Clause 3 of Article 132 of the amended and supplemented Labor Code is the wage level defined on the basis of the labor supply and demand, economic capability and cost-of-living index in each period.
The Ministry of Labor, War Invalids and Social Affairs shall, after consulting Vietnam Confederation of Labor, representatives of employers and concerned ministries and branches, submit to the Government for promulgation a general minimum wage level; the minimum wage level for Vietnamese laborers working in foreign-invested enterprises under the Law on Foreign Investment in Vietnam, and in Vietnam-based foreign or international agencies or organizations.
2. Depending on their conditions and business operation capability, enterprises and agencies may apply a minimum wage level higher than that prescribed by the State, which shall serve as basis for the payment of wages to their laborers.
Article 5.- According to Article 57 of the revised Labor Code, the wage scale, payroll and labor norms are specified as follows:
1. Principles for formulating wage scale and payroll:
a/ The wage scale and payroll shall be formulated for laborers involved in managerial, professional or technical work and workers directly involved in production and business activities according to their jobs and occupations they are trained in;
b/ The multiple of the wage scale and payroll is the coefficient of the highest wage level for laborers with the highest managerial, technical or professional qualifications as compared to the laborers with the lowest qualifications;
c/ The number of grades of the wage scale and payroll depends on the complexity of the management and work requirements. The gap between the conse-cutive wage grades must ensure encouragement to raise the technical and professional qualifications as well as talents and experience accumulation;
d/ The grade 1 of the wage scale and payroll must be higher than the minimum wage level prescribed by the State. The wage level applicable to hazardous and dangerous as well as specially hazardous and dangerous occupations or jobs must be higher than that applicable to occupations or jobs with normal labor conditions.
2. Principles for formulating labor norms:
a/ The labor norms are formulated on the basis of the job ranks and in compatibility with the workers grades, ensuring the improvement of working conditions, technical and technological renovation, and labor standards;
b/ The prescribed labor norm is the advanced average norm, which ensure that the majority of laborers can attain it without having to excessively prolong the regular working time prescribed by law;
c/ The new or revised labor norm must be applied experimentally for not more than 3 months before being officially promulgated.
3. The employers shall have to formulate wage scales, payrolls and labor norms according to the above-mentioned principles, after consulting the grassroots Trade Union Executive Committees, and must announce them publicly in their respective enterprises or agencies. The wage scales and payrolls must be registered with the State management agencies in charge of labor in the provinces or centrally-run cities where the enterprises or agencies are headquartered.
4. The Ministry of Labor, War Invalids and Social Affairs shall, after consulting Vietnam Confederation of Labor, submit to the Government for promulgation the wage scale and payroll applicable to State enterprises; guide the methods of formulating wage scales, payrolls and labor norms and Regulation on wage payment applicable to enterprises and agencies.
Article 6.- The wage scales and payrolls of enterprises and agencies shall serve as basis for:
1. Reaching agreement on wages upon the conclusion of labor contracts;
2. Determining the wage unit price, implementing the regime of raising wage levels as agreed upon in labor contracts and collective labor agreements;
3. Paying social and health insurance premiums and enjoying social and health insurance regimes under law provisions;
4. Paying job-termination wages and other entitlements under the provisions of the labor legislation;
5. Handling other interests under the two parties agreement and provisions of the labor legislation.
Tìm kiếm
Nghị định 114/2002/NĐ-CP (Bản Word)