File on Employer's Termination Notice to Employees Submitted to Ho Chi Minh City Department of Labor, Invalids and Social Affairs Includes What?
What are the required documents for employers to notify the Department of Labor, War Invalids and Social Affairs of Ho Chi Minh City about the termination of employees?
In Section 1 of the Procedure for Receiving Notification of Employee Termination due to structural, technological changes, or economic reasons as promulgated in Decision 15233/QD-SLDTBXH in 2023 by the Department of Labor, War Invalids and Social Affairs of Ho Chi Minh City, the required documents include:
(1) Notification Document: 1 original copy
(2) Employer’s documents related to terminating employees due to structural, technological changes, or economic reasons (if any): 1 original copy.
(3) Comments from the representative organization of employees at the establishment where there is a representative organization (if any): 1 original copy
(4) Labor utilization plan: 1 original copy
Place to receive the documents: Department of Labor, War Invalids and Social Affairs (Clerical Department), at 159 Pasteur Street, Vo Thi Sau Ward, District 3
Processing time: Seven (07) working days from the date of receipt of the documents (document components as per Section I).
What are the required documents for employers to notify the Department of Labor, War Invalids and Social Affairs of Ho Chi Minh City about the termination of employees?
What are the obligations of employers in case of structural technological changes or economic reasons?
Article 42 of the Labor Code 2019 stipulates the obligations of employers in case of structural technological changes or economic reasons.
Obligations of employers in case of structural technological changes or economic reasons
1. The following cases are considered changes in structure and technology:
a) Changing organizational structure, labor reorganization;
b) Changing production and business technology, machinery, and equipment associated with the employer’s production and business sector;
c) Changing products or product structure.
2. The following cases are considered due to economic reasons:
a) Economic crisis or recession;
b) Implementing State policies and laws when restructuring the economy or implementing international commitments.
3. In the event that structural or technological changes affect many employees' jobs, the employer must develop and implement a labor utilization plan according to Article 44 of this Code. If there is a new job, the employer should prioritize retraining employees for continued use.
4. If economic reasons jeopardize the employment of many employees, requiring termination, the employer must develop and implement a labor utilization plan according to Article 44 of this Code.
5. If the employer cannot provide employment and must let employees go, job loss allowances must be paid according to Article 47 of this Code.
6. Employee termination according to this Article can only proceed after consulting with the representative organization of employees at the establishment, where applicable, and providing 30 days' notice to the provincial People's Committee and the employee.
The obligations of employers in case of structural economic changes or for economic reasons are as follows:
- If structural or technological changes affect the employment of many employees, the employer must develop and implement a labor utilization plan according to Article 44 of the Labor Code 2019. If there are new jobs, retraining employees should be prioritized for continued use.
- If economic reasons jeopardize the employment of many employees, requiring termination, the employer must develop and implement a labor utilization plan according to Article 44 of the Labor Code 2019.
- If the employer cannot provide employment and must let employees go, job loss allowances must be paid according to Article 47 of the Labor Code 2019.
What are the contents of the labor utilization plan?
According to Clause 1, Article 44 of the Labor Code 2019, the labor utilization plan must include the following contents:
- The number and list of employees who will continue to be employed, those retrained for continued employment, and those transferred to part-time work;
- The number and list of employees who will retire;
- The number and list of employees whose employment contracts will be terminated;
- The rights and obligations of employers, employees, and related parties in implementing the labor utilization plan;
- Measures and financial resources ensuring the implementation of the plan.
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