Chapter III
THE REGIME OF WAGE AND BONUS PAYMENT
Article 7.- The forms of wage payment under Article 58 of the Labor Code are specified as follows:
1. The time-based wage shall be paid to laborers on the basis of their actual working time, concretely:
a/ The monthly wage shall be paid for a working month, determined on the basis of labor contracts;
b/ The weekly wage shall be paid for a working week, determined on the basis of the monthly wage multiplied by 12 months and divided for 52 weeks;
c/ The daily wage shall be paid for a working day, determined on the basis of the monthly wage divided for the standard number of working days in the month as prescribed by law and selected by the concerned enterprises or agencies, which, however, must not exceed 26 days;
d/ The hourly wage shall be paid for a working hour, determined on the basis of the daily wage divided for the standard number of working hours as prescribed in Article 68 of the Labor Code.
2. The piecework wage shall be paid to laborers on the basis of the quantity and quality of their products.
3. The package wage shall be paid to laborers according to the volume and quality of the work, which they must complete.
4. The Ministry of Labor, War Invalids and Social Affairs shall guide the employers to pay wages according to the forms defined at Clauses 1, 2 and 3 of this Article.
Article 8.- For particular cases specified in Clause 1, Article 59 of the Labor Code, i.e. natural calamities, fires or other force majeure circumstances defined at Point d, Clause 1, Article 38 of the revised Labor Code, which cannot be overcome though the employers have resorted to every possible measure, the employers may delay wage payment but for not more than one month and must pay compensation to laborers as follows:
1. If the delay lasts for under 15 days, compensation shall not be made.
2. If the delay lasts for 15 days or more, compensation shall be made with an amount being at least equal to the wage arrears multiplied by the interest rate of time-savings deposits announced at the time of wage payment by the commercial banks where the concerned enterprises or agencies open their transaction accounts.
Article 9.- The deduction of wage of laborers under Clause 1 of Article 60 of the Labor Code is prescribed as follows:
Based on the monthly wage amounts received by laborers after paying social and health insurance premiums and income tax for high-income earners (if any), the employers shall make gradual deduction of advances, which have already been made according to the provisions in Articles 12 and 13 of this Decree and compensations for material damage prescribed in Article 89 of the Labor Code.
Article 10.- The wage payment when laborers work overtime and/or during the night-time under Article 61 of the revised Labor Code is specified as follows:
1. If the payment is made according to the working time, the laborers shall be paid for the work done beyond the regular time.
2. If the payment is made according to piecework or package wage, the laborers shall be paid for their overtime work when they are requested by the employers to make an additional quantity of products or undertake an additional volume of work besides the quantity or volume to be achieved during the regular time.
3. Laborers working overtime as mentioned at Clauses 1 and 2 of this Article shall be paid overtime wage according to the wage unit price or wage actually paid for the work being done, which shall be as follows:
a/ At least equal to 150%, for weekdays;
b/ At least equal to 200%, for weekends as defined in Article 72 of the Labor Code;
c/ At least equal to 300%, for paid festive days and holidays as defined in Articles 73, 74, 75 and 78 of the Labor Code.
4. Laborers working in night shifts defined in Article 70 of the Labor Code shall get an additional pay at least equal to 30% of their wage, calculated according to the wage unit price or the wage paid for the daytime work. If they work overtime at night, they shall also be paid overtime wage.
5. The overtime and nighttime wage paid to laborers shall be calculated corresponding to the forms of wage payment specified in Article 7 of this Decree.
Article 11.- The payment of bonuses to laborers working in enterprises under Article 64 of the revised Labor Code is specified as follows:
1. For State enterprises, basing themselves on the annual production and business results and extent of work performance by laborers, the enterprises shall make deduction from the after-tax profits for setting up the reward funds in order to give bonuses to their laborers. The deduction level for setting up the reward fund shall comply with the guidance of the Finance Ministry.
2. For enterprises of other economic sectors, basing themselves on the annual production and business results and extent of work performance by laborers, the employers shall give bonuses to laborers working at their respective enterprises on the basis of the mutually- agreed labor contracts and collective labor agreements.
3. Enterprises shall have to issue regulations on rewards for laborers after consulting the grassroots Trade Union Executive Committees. The reward regulations must be announced publicly within enterprises.
Article 12.- The advance payment of wage to laborers under Clauses 1 and 2 of Article 67 of the Labor Code is specified as follows:
1. When laborers or their families meet with difficulties, the laborers shall be paid an advance of wage, which, however, must be at least equal to one-month wage amount. The mode of advance payment shall be agreed upon by the two parties, but the advance amount must be interest free.
2. When a laborer has to temporarily cease to work to discharge the citizens duties for one week or longer, he/she shall be paid a wage advance corresponding to the number of his/her days of temporary work cessation, which shall be deducted into his/her wage under the provisions of the Labor Code.
Article 13.- The wage advance payment to laborers kept in custody or detention under Clause 3, Article 67 of the Labor Code is specified as follows:
1. For a laborer kept in custody or detention due to violation related to his/her labor relations with the employer, during the period of temporary custody or detention, every month he/she shall be paid under the labor contract by the employer an advance of 50% of his/her wage of the preceding month, including the rank and position wage and region and position allowances (if any).
2. Upon the expiry of the custody or detention duration, if the laborer is at fault, he/she shall not have to return the wage advance already made under Clause 1 of this Article. If the employer is at fault, such employer shall have to fully pay wage amount under the labor contract and the law-prescribed social insurance premium amount to the laborer for the time the latter is kept in custody or detention. If the legal proceeding agency is at fault, it shall have to return to the employer the wage amount already advanced to the laborer under Clause 1 of this Article and pay the laborer a compensation equal to the latters remaining wage amount as well as the law prescribed social insurance premium amount payable for the custody or detention duration according to the wage level inscribed in the labor contract.
3. If the laborer is kept in custody or detention for violations irrelevant to the labor relations, the employer shall not have to pay him/her wage advance.
Article 14.-
1. The wages paid to laborers for their annual paid leave, holidays or paid leave for personal affairs shall be calculated according to the time-based wage and equal to the contractual wage of the preceding month, including the rank and position wages, region and position allowances (if any), divided for the number of regular working days in the month as prescribed by law and selected by the enterprises or agencies, which however, must not exceed 26 days, and multiplied by the prescribed number of days of the paid leave.
2. In a work-shift, if laborers stop their work according to the provisions in Clause 1, Article 62 of the Labor Code for 2 hours or more, they shall be paid work-stoppage wage according to Article 16 of this Decree.
Article 15.- The wage serving as basis for calculation of job severance allowance, job-loss allowance, compensation for unlawful unilateral termination of labor contracts, compensations for labor accidents and occupational diseases is the contractual wage calculated as being equal to the average wage of the 6 preceding consecutive months before the incidents occur, including the rank and position wages, region and position allowances (if any).
Article 16.- The wage paid for the laborers leave as prescribed in Articles 53, 62 and 92 of the Labor Code is the contractual wage of the preceding month and calculated corresponding to the forms of time-based wage payment defined at Clause 1, Article 7 of this Decree.
Tìm kiếm
Nghị định 114/2002/NĐ-CP (Bản Word)