Hanoi: Guidance on adjusting the regional minimum wage for employees working in the city from July 1, 2022?
What is the applicable regional minimum wage in Hanoi?
Pursuant to Official Letter 294/LDLD in 2022 stipulating the minimum salary for enterprises in Hanoi city as follows:
- Minimum monthly salary: 4,680,000 VND/month; Minimum hourly wage: 22,500 VND/hour (Applicable to businesses operating in Region I, including: districts and districts of Gia Lam, Dong Anh, Soc Son, Thanh Tri, Thuong Tin, Hoai Duc, Thach That, Quoc Oai, Thanh Oai, Me Linh, Chuong My and Son Tay town);
- Minimum monthly salary: 4,160,000 VND/month, minimum hourly salary: 20,000 VND/hour (Applicable to enterprises operating in Region II, including the remaining districts of Hanoi city) .
Hanoi: Guidance on adjusting the regional minimum wage for employees working in the city from July 1, 2022? (Image from: Internet)
Adjusting the minimum wage in the city must ensure the rights of workers?
Pursuant to Official Letter 294/LDLD in 2022 stipulates as follows:
"In order to ensure the legitimate rights and interests of employees, and at the same time implement Decree No. 38/2022/ND-CP in accordance with regulations. district, town, branch, and immediate superior trade unions agree to perform a number of contents as follows:
1. To organize the dissemination of the contents of Decree No. 38/2022/ND-CP to grassroots trade unions, employees and employers (employer); Directing the grassroots trade unions attached to actively coordinate with the employer in the enterprise to develop a plan to adjust the minimum wage in accordance with the provisions of Decree No. 38/2022/ND-CP, in which the Note 02 contents:
- The minimum monthly salary is applied to employees who are receiving salary in the form of monthly salary payment; The minimum hourly wage rate applies to employees who are receiving wages in the form of hourly pay. For employees who are receiving salary under other forms of salary payment (weekly, daily, product-based, package salary), the salary being paid under this form of salary converted by month or hourly must not be low. than the monthly minimum wage or the hourly minimum wage set by the Government."
- Regarding implementation responsibilities: in Clause 3, Article 5 of Decree No. 38/2022/ND-CP stipulates that employers are responsible for:
+ Review the agreements in the labor contract, the collective labor agreement and the employer's regulations and regulations to adjust and supplement accordingly; must not remove or reduce salary regimes when employees work overtime, work at night, compensation in kind and other regimes as prescribed by labor law.
+ With respect to the agreed upon and committed contents in the labor contract, the collective labor agreement or other agreements that are more favorable to the employees than the provisions of this Decree, the implementation shall continue. unless otherwise agreed by the parties. Accordingly, the contents that have been implemented including the salary regime paid to employees for jobs or titles requiring vocational training or vocational training that are at least 7% higher than the minimum wage, shall continue. performed, unless otherwise agreed by the two parties in accordance with the labor law."
Thus, the adjustment of the minimum wage in Hanoi city must ensure the legitimate rights and interests of employees, the contents have been implemented, including the salary regime paid to employees. Any employee who does a job or title requiring an apprenticeship or vocational training that is at least 7% higher than the minimum wage shall continue to perform, unless otherwise agreed upon by the two parties in accordance with the labor law.
Strengthen guidance, promote the adjustment of regional minimum wages in Hanoi city for grassroots trade unions and workers?
Pursuant to Official Letter 294/LDLD in 2022 stipulating some contents of the implementation of the minimum wage in Hanoi city as follows:
- Strengthen guidance and support for employees, grassroots trade unions and employers in dialogue and negotiation activities, especially collective bargaining to agree on wages and establish terms and conditions. other labor conditions that are more favorable to employees than prescribed by law.
- To step up the trade union's supervision over the implementation of Decree 38/2022/ND-CP and the law on wages at enterprises; coordinate with local authorities to participate in inspecting and inspecting the observance of the law on labor, trade unions and social insurance, focusing on the payment of salaries and bonuses at units and enterprises.
- Actively grasp the situation of labor relations in enterprises, promptly support, guide and handle arising problems, minimize labor disputes, illegal strikes. ensuring the maintenance of harmonious, stable and progressive labor relations in enterprises. In case there is a collective labor dispute, collective stoppage or spontaneous strike, it is necessary to actively coordinate with the People's Committee and functional agencies in the locality to promptly resolve and ensure the interests of employees. to act, not to allow hot spots on security and order.
The official dispatch also requested: The City Labor Confederation requires all levels of the Capital Trade Union to focus on implementing the above contents, before Decree No. 38/2022/ND-CP takes effect on July 1, 2022. At the same time, report the results to the City Labor Confederation before July 15, 2022, via email: Chinhsachphapluat@congdoanhanoi.org.vn.
Decree 38/2022/ND-CP takes effect from July 1, 2022.
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