Chương IV: Thông tư 47/2015/TT-BLĐTBXH Điều khoản thi hành

Chapter IV

IMPLEMENTATION

Article 14. Effect 

1. This Circular comes into force from January 1, 2016.

2. The Circular No. 19/2003/TT-BLDTBXH dated September 22, 2003 on guidelines for the Decree No. 41/CP dated July 6, 1995 on guidelines for the Labor Code in terms of labor discipline and material responsibility that is amended by the Decree No. 33/2003/ND-CP dated April 2, 2003 of the Government shall be annulled from the effective date of this Circular.

3. The salary as the basis for calculating the pay for an employee in work suspension time, annual leave, public holiday leave, paid leaves or salary advance prescribed in Article 26 of the Decree No. 05/2015/ND-CP is the salary specified in his/her labor contract prescribed in Clause 1, Point a Clause 2 and Point a Clause 3 Article 4 of this Circular.

4. A number of Articles and Clauses of Circular No. 23/2015/TT-BLDTBXH dated June 23, 2015 of the Minister of Labor, War Invalids and Social Affairs on guidelines for some Articles on wages of the Decree No. 05/2015/ND-CP dated January 12, 2015 of the Government on guidelines for some contents of the Labor Code shall be amended as follows:

a) Point c Clause 1 of Article 4 shall be amended as follows:

“c) Daily wage is paid for one working day which equals (=) a monthly wage divided by (:) number of working days in the under regulations of law as selected by the enterprise, provided that it does not exceed 26 days”.

b) Clause 1 of Article 5 shall be amended as follows:

“1. Monthly wage shall be paid on a monthly or semi-monthly basis on payday”.

c) Point a Clause 1 of Article 6 shall be amended as follows:

“a) Actual hourly wage on a normal working day equals (=) the actual wage for the current job of the month in which the employee works overtime divided by (:) actual number of working hours in the month (not exceeding 208 hours for jobs with normal labor and environment conditions and exclusive of overtime hours). If the employee receives a daily or weekly wage, the overtime pay equals (=) the actual wage of that working day or week (minus overtime pay and extra pay for night work) divided by (:) actual number of working hours in the day or week (not exceeding 8 hours per day and exclusive of overtime hours).

The aforesaid wage is exclusive of work overtime pay, extra pay for night work, the wage of public holiday leave, paid leave prescribed in the Labor Code; bonuses prescribed in Article 103 of the Labor Code, initiative bonuses; food expenses between shifts; subsidies on petrol,  telephone, transportation, housing, child care, raising children; allowances for employees having dead relative(s), employees having relatives married relatives, employees’ birthday, benefits for employees facing difficulties due to their labor accidents and occupational diseases and other allowances and benefits not related to their jobs or positions mentioned in the labor contracts”.

d) Clause 2 of Article 9 shall be annulled.

Article 15. Transitional regulations 

If the employment contracts, collective bargaining agreements, labor regulations and other lawful regulations or agreements of the employer that are signed or issued before the effective date of this Decree are more beneficial to employees than regulations in this Circular, they shall be still effective; if those regulations are contrary to the regulations of this Circular, the parties involved shall revise, amend, supplement and implement procedures promulgated in accordance with the provisions of this Circular.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration./.