Chương 3 Nghị định 49/2013/NĐ-CP hướng dẫn Bộ luật lao động về tiền lương: Nguyên tắc xây dựng thang lương, bảng lương và định mức lao động

Chapter 3.

PRINCIPLES FOR FORMULATION OF WAGE SCALES, PAYROLL AND LABOR PRODUCTIVITY NORMS

Article 7. Principles for formulation of wage scales, payroll

1. Based on the production organization, labor organization, enterprises may formulate and decide the wage scale, payroll for laborers involved in managerial, professional or technical work and workers directly involved in production, business and service activities.

2. The multiple of the wage scale is the different coefficient of the wage level for work or title requiring the highest technical qualifications as compared to the work or title requiring the lowest technical qualifications, the number of grades of the wage scale and payroll depends on the complexity of the management and work or title requirements. The gap between two conse-cutive wage grades must ensure encouragement to laborers to raise the technical and professional qualifications as well as experience accumulation and talent development but at least equal to 5%.

3. Companies shall define the lowest wage level (the start level) of work or title in the wage scale and payroll on the basis of the complexity of work or title corresponding to the qualifications, skills, duties, experiences to implement work or title, of which:

a. The lowest wage level of the simplest work or title in normal labor conditions shall be not lower than the region-based minimum wage level prescribed by the Government;

b. The lowest wage level of the work or title requiring laborers to have to be received vocational training (including laborers trained by enterprises themselves) must be at least 7% higher than the region-based minimum wage levels prescribed by the Government;

c. The wage level of work or title with the heavy, hazardous and dangerous labor conditions must be at least 5% higher; work or title with the special heavy, hazardous and dangerous labor conditions must be at least 7% higher than the wage level of work or title having the equivalent complexity but working in normal labor conditions.

4. When formulating and applying the wage scale, payroll must ensure equality, non-discrimination on gender, ethnicity, skin color, social class, marriage status, credence, religion, HIV infection, disability or due to reason of establishment, acceding and operation of the Trade Union for laborers, and must formulate standards to rank wage, conditions to raise the wage grade.

5. The wage scale, payroll must be periodically reviewed to amend and supplement in conformity with the actual conditions on the technological renovation, production organization, labor organization, wage floor on the labor market and ensure regulations of labor law.

6. When formulating or amending and supplementing wage scales, payroll, enterprises must consult organizations representing for labor collectives at enterprises and publicly at the working places of laborers before implementation, and send to the labor state management agencies at district level where enterprises located their production facilities. For State-owned one-member limited liability companies, when formulating or amending and supplementing wage scales, payroll, they must report owners to be consulted before implementation; for mother companies – State-owned economy Group, mother companies of special-rank corporations, they shall send to the Ministry of Labor, War Invalids and Social Affairs for monitoring and supervision.

Article 8. Principles for establishment of labor productivity norms

1. The labor productivity norms are implemented for each step of work, each stage and entire process of producing products and providing services on the basis of organizing scientific labor and reasonable production.

2. The labor productivity norms are formulated on the basis of the job or title ranks and in compatibility with the grades and trained qualifications of laborers, technological process, and technical standards of machines, equipment and ensuring the labor standards.

3. The labor productivity norms must be the advanced average norm, which ensure that the majority of laborers can attain it without having to excessively prolong the regular working time of enterprises as prescribed by law.

4. The new labor productivity norm must be applied experimentally before being officially promulgated. Enterprises must notify laborers at least 15 days before applying experimentally. Duration of experimentally applying shall depend on nature of work, but not more than 3 months and must assess the implementation of the norm.

In case where during the standard working time, the actual implemented level of calculation under productivity is lower 5% or higher 10% than the assigned norm, or the actual implemented level of calculation under the time is higher 5% or lower 10% than the assigned norm, enterprises must adjust the labor productivity norm.

5. The labor productivity norm must be periodically reviewed, assessed to amend, supplement, and adjust for conformity. When formulating or amending and supplementing, adjusting the labor productivity norms, enterprises must consult organizations representing for labor collectives at enterprises and publicly at the working places of laborers before implementation, and send to the labor state management agencies at district level where enterprises located their production facilities.