Chapter III
JOB-LOSS ALLOWANCE
Article 11.- The following cases shall be considered restructuring or technological change as prescribed in Clause 1, Article 17 of the Labor Code:
1. Replacing all or part of machinery, equipment and technological process with advanced ones of higher labor productivity.
2. Changing products or product structures leading to the use of less laborers.
3. Changing the organizational structure: merging and/or dissolving some sections of the units.
If due to the above-stated changes, laborers lose their jobs, the employers shall have to re-train the laborers for new jobs. If the employers fail to create new jobs and let the laborers to leave their jobs, they must pay job-loss allowance according to the provisions in Clause 1, Article 17 of the Labor Code and Articles 12 and 13 of this Decree.
Article 12.- The job-loss allowance levels prescribed in Clause 1, Article 17 of the Labor Code is stipulated as follows:
1. Job-loss allowance shall be calculated on the basis of the wage levels prescribed in the Government’s Decree No. 114/2002/ND-CP of December 31, 2002 detailing and guiding the implementation of a number of articles of the Labor Code on wages and salaries.
2. The time for calculation of job-loss allowance shall be the total time the laborers have actually worked for the employers until they lose their jobs. In cases where the laborers had previously worked in the State sector but not yet received the severance allowance or job-loss allowance, such period of time shall only be calculated for receipt of severance allowance prescribed in Article 42 of the Labor Code. The severance allowance shall be paid by the job-loss allowance reserve funds of the units where the laborers subject to job loss work, together with job-loss allowance.
Particularly for laborers working in enterprises undertaking plans for reorganization and transformation in the form of assignment, purchase, contractual assignment, lease or equitization of enterprises, the labor regimes prescribed by the State for these cases shall apply.
3. The working time entitled to job-loss allowance shall be the period of time of full one year (12 months) or more, in case of odd months, the following provisions shall apply:
a) The period of less than one month shall not be calculated for job-loss allowance.
b) The period of between 1 and under 6 months shall be calculated as equal to 6 months of work for enjoyment of the job-loss allowance equal to half of one month’s salaries.
c) The period of full 6 months or more shall be calculated as equal to 1 year of work for enjoyment of the job-loss allowance equal to one month’s salaries.
4. The job-loss allowance and severance allowance shall be paid directly to laborers in lump-sum at their working places or at places most convenient for the laborers within 7 days as from the date they lose their jobs.
Article 13.- Reserve fund for job-loss allowance as defined in Clause 3, Article 17 of the Labor Code shall be prescribed as follows:
1. Enterprises shall have to set up reserve funds for job-loss allowance so as to pay allowances in time to their laborers subject to job loss.
2. The levels of deduction for job-loss allowance reserve funds shall be between 1% and 3% of the total salary funds used as basis for enterprises to pay the social insurance premiums and be accounted into their production costs or circulation charges.
3. The Ministry of Finance shall assume the prime responsibility and coordinate with the Ministry of Labor, War Invalids and Social Affairs in providing for the setting up, management and use of job-loss allowance reserve funds of enterprises.
Tìm kiếm
Nghị định 39/2003/NĐ-CP (Bản Word)