When the Labor Code has been effective since May 01, 2013, the Government issued the guiding Decree on the implementation of this Labor Code. This is the immediate action of the law-makers to guide the competent authority and relevant individuals and organizations in the beginning application of the law.
1. Decree No. 44/2013/ND-CP guiding some Articles of the Labor Code on Labor Contract
This Decree did not focus on the terms and conditions of the Labor Contract, but the issue of mandatory social insurance and health insurance for the Employee signing Contracts with many Employers; the content of the Labor Contract for the hiring Director of the State-owned Enterprises; the procedure and announcement of the invalid Labor Contract.
This Decree will be effective on July 01, 2013.
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2. Decree No. 45/2013/ND-CP guiding some Articles of the Labor Code on working time, resting time, labor safety and labor sanitary
For the purpose of guarantee the benefit of the Employees, the Decree clearly stated the calculation of the yearly leaves of the Employees, extra working time and resting time at work. Additionally, the Decree focused on the labor safety, sanitary, accidents, diseases, and technical examination, especially for the old Employees or the Employees working in poisonous and dangerous environment.
This Decree will be effective on July 01, 2013.
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3. Decree No. 46/2013/ND-CP guiding some Articles of the Labor Code on labor disputes
This Decree is also the new regulation on labor dispute settlement, including the labor mediator, the process of postponing and stopping the strike in the Enterprises.
This Decree will be effective on July 01, 2013.
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4. Decree No. 49/2013/ND-CP guiding some Articles of the Labor Code on salary
The new point of this Decree was the establishment of National Salary Council, who would consult the government in amending and regulating the lowest salary rate for each area. Additionally, the new Decree also mentioned the principle of payroll and working limit.
The regulation has been effective since May 01, 2013.
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Additionally, the Government also issued the guiding Decree of the Trade Union Law, which has been effective since January 01, 2013.
Decree No. 43/2013/ND-CP guiding the implementation of Article 10 of Trade Union Law on rights and obligations of Trade Union in protecting and representing the Employees.
The Decree stipulated the scope of rights and obligations of Trade Union in the execution and performance of the Labor Contract; the negotiation, execution and compliance of the Collective Labor Accord; the discussion between the Employee and Employer; legal consultancy; labor litigation; strike…
This Decree will be effective on July 01, 2013.
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