Chương II Nghị định 61/2015/NĐ-CP: Chính sách việc làm công

Chapter II

TEMPORARY EMPLOYMENT POLICY

Section 1. SELECTION AND NOTIFICATIONS OF PROJECTS OR OPERATIONS ADOPTING TEMPORARY EMPLOYMENT POLICY

Article 3. Selection and notifications of projects or operations adopting temporary employment policy

1. The projects or operations prescribed in Clause 1 Article 18 of the Law on employment that are selected to adopt temporary employment policy include:

a) The projects or operations in terms of protection, management and use of soil, water and forest resources; responses to natural disasters and climate change;

b) The projects or operations in terms of preservation and development of culture and tourism;

c) The projects or operations in terms of construction, renovation and maintenance: traffic system, schools, nurseries, medical stations, markets, facilities serving the culture and sports operations; irrigation works, dike maintenance; facilities providing electricity, fresh water and environment hygiene;

d) Other projects or operations serving the community.

2. Ministers, Heads of ministerial-level agencies; the Presidents of the People’s Committees of central-affiliated cities and provinces (hereinafter referred to as provinces); the Presidents of the People’s Committees of districts, district-level towns, and provincial-affiliated cities (hereinafter referred to as districts); the Presidents of the People’s Committees of communes, wards and towns (hereinafter referred to as communes) shall decide the temporary employment policy adopted according to each project or operation prescribed in Clause 1 of this Article.

Article 4. Notifications of projects or operations adopting temporary employment policy

1. Ministries, ministerial-level agencies, People's Committees of provinces, and People’s Committees of districts shall notify People’s Committees of communes where projects or operations adopting temporary employment policy are located in terms of scope and planned pieces of work; prospected quality, schedule and number of workers participating in the temporary employment policy.

2. People’s Committees of communes shall publicly post up notifications prescribed in Clause 1 of this Article at the head offices, places for community operations and by the means of media of the communes.

Section 2. PARTICIPATION IN TEMPORARY EMPLOYMENT POLICY

Article 5. Application for participation in temporary employment policy

1. Each worker wishing to participate in the temporary employment policy shall apply for joining projects or operations prescribed in Article 3 of this Decree with the People’s Committee of commune where he/she legally resides as prescribed by the Ministry of Labor, War Invalids and Social Affairs.

2. Each People’s Committee of commune shall make a list of workers participating in the temporary employment policy, and then publicly post up it at the head office, places for community operations and by the means of media of the commune.

Article 6. Selection of workers participating in temporary employment policy

Each People’s Committee of commune shall cooperate with contractors (if any), socio-political organizations, representatives of the communities obtaining benefits from a project or an operation adopting the temporary employment policy in selection of workers participating in the temporary employment policy from the list of registered workers according to the order of precedence as follows:

1. The entities prescribed in Clause 2 Article 19 of the Law on employment.

2. Workers in households whose primary business is agricultural production.

3. Workers who legally reside in the administrative division where the project or operation is executed.

Article 7. Benefits for workers participating in temporary employment policy

1. Each employer having workers participating in temporary employment policy must conclude labor contracts with the workers and offer benefits to workers as prescribed in law on labor.

2. With respect to projects or operations adopting the temporary employment policy in which communities participate as prescribed in law on bidding, the Ministry of Labor, War Invalids and Social Affairs shall provide guidance on benefits for workers.

Section 3. IMPLEMENTATION OF TEMPORARY EMPLOYMENT POLICY

Article 8. Responsibility of Ministries, ministerial-level agencies and People’s Committees

1. The Ministry of Labor, War Invalids and Social Affairs shall instruct and inspect the temporary employment policy, and send reports on the results of implementation of the temporary employment policy to the Government.

2. Ministries, ministerial-level agencies shall take charge and instruct the execution of projects or operations adopting the temporary employment policy; inspect and send reports on results of implementation of temporary employment policy to the Ministry of Labor, War Invalids and Social Affairs.

3. People’s Committees shall execute the projects or operations adopting the temporary employment policy; inspect and send reports on results of implementation of temporary employment policy as guided by the Ministry of Labor, War Invalids and Social Affairs.

Article 9. Community’s monitoring of implementation of temporary employment policy

1. Each community shall monitor the employment and implementation of regulations applicable to workers participating in the temporary employment policy in the administrative division.

2. Each socio-political organization shall monitor the employment and implementation of regulations applicable to workers participating in the temporary employment policy in the administrative division.