Chương III: Thông tư 23/2014/TT-BLĐTBXH Tuyển, quản lý lao động

Chapter III

RECRUIMENT AND MANAGEMENT OF EMPLOYEES

Article 5. Procedures and processes for labor recruitment

1. The public disclosure of regulations set out in Clause 1 and Clause 4 Article 7 of the Decree No.03/2014/NĐ-CP shall be carried out by means of the followings:

a) Posting an employment advertisement at the employer's main office, branches or representative offices where job vacancies are available;

b) Advertising job vacancies through the mass media.

2. Employment application form as stipulated at Point a Clause 2 Article 7 of the Decree No.03/2014/NĐ-CP shall adhere to the form No.04 hereto appended.

3. Any job candidate who wishes to take their application back as prescribed in Clause 5 Article 7 of the Decree No.03/2014/NĐ-CP must send a written request within a period of 03 months from the date on which the final result of labor recruitment is announced.

Article 6. Report on labor utilization

1. Employment application form as stipulated at Point a Clause 1 Article 8 of the Decree No.03/2014/NĐ-CP shall adhere to the form No.05 hereto appended.

2. Employers must annually report any change in their labor utilization as stipulated in Clause 2 Article 8 of the Decree No.03/2014/NĐ-CP before May 25 and November 25 by completing the form No.07 hereto appended.    

3. The Division of Labor, War Invalids and Social Affairs must annually report the registration of employees and change of labor utilization of local enterprises under the Division’s administrative direction as stipulated in Clause 4 Article 8 of the Decree No.03/2014/NĐ-CP before June 05 and December 05 by completing the Form No.06 and 08 hereto appended.

4. The Department of Labor, War Invalids and Social Affairs must annually report the registration of employees and change of labor utilization of local enterprises under the Department’s administrative direction as stipulated in Clause 5 Article 8 of the Decree No.03/2014/NĐ-CP before June 15 and December 15 by completing the Form No.06 and 08 attached herein.

Article 7. Formulation, management and use of employment logbooks

1. Within a period of 30 days as from the date on which the enterprise has started running their business operations, employers must keep the employment logbook at their main office, branches or representative offices.  

2. Employers have the right to decide whether such employment logbook shall be kept in paper or electronic copies, which must meet the employer's management needs but also enclose basic information about employees as follows:   

a) Full name, gender, year of birth, nationality, residence and ID (or passport) number;

b) Professional and technical qualifications;

c) Vocational grades and skills;

d) Job title;

dd) Type of employment contract;

e) Start date;

g) Participation in social insurance, health insurance and unemployment insurance;

h) Salary or wage;

i) Pay raise;

k) The number of annual leaves and specific reasons;

l) Overtime hours (on weekdays, weekends, annual leaves and public holidays);

m) Social and health insurance benefits;

n) Opportunities to have access to vocational education or training, professional and skills development courses;

o) Labor discipline and material responsibility;

p) Occupational accidents and diseases;

q) Time of employment contract termination and specific reasons.

3. Employers must be responsible to record detailed information about employees right after the employment contract comes into force as well as keep the employment logbook up to date by entering any change to information about employees.  

4. Employers must be responsible to manage and use the employment logbook for the right purpose and make it available whenever it is requested by the Division of Labor, War Invalids and Social Affairs; the Department of Labour, War Invalids and Social Affairs at an area where the employer’s main office, branches and representative offices are located; inspectorate of the Ministry of Labor, War Invalids and Social Affairs, and relevant regulatory agencies.