Is there Official Letter 2086/BLDTBXH-TLDLDVN in 2022 guiding the regional minimum wage in Vietnam from July 1, 2022?
- Guidelines on the subject of applying the regional minimum wage
- Strengthening support for workers and trade unions in dialogue, negotiation and implementation of Decree 38/2022/ND-CP on regional minimum wages in Vietnam
- Is it possible to continue to apply a minimum wage in Vietnam that is at least 7% higher for employees with university or college degrees?
Guidelines on the subject of applying the regional minimum wage
Pursuant to point a, subsection 1.1, Section 1, Official Dispatch 2086/BLDTBXH-TLDLDVN in 2022 stipulating the responsibilities of agencies and sectors in the implementation of Decree 38/2022/ND-CP as follows:
“Based on the 2019 Labor Code, the recommendation of the National Wage Council and the proposal of the Ministry of Labor, War Invalids and Social Affairs, on June 12, 2022, the Government issued Decree No. 38/ 2022/ND-CP stipulates the minimum wage for employees working under labor contracts, effective from July 1, 2022. To implement the Decree in accordance with regulations, ensure maintenance harmonious, stable and progressive labor relations in enterprises, the Ministry of Labor - Invalids and Social Affairs and the Vietnam General Confederation of Labor agreed as follows:
1. Request the President of the People's Committee of the province or centrally run city to direct the Department of Labor, War Invalids and Social Affairs to coordinate with the Management Board of industrial parks, export processing zones, labor unions and organizations. Local employers' representative organizations and relevant departments and agencies carry out the following tasks:
1.1. Quickly organize propaganda, popularize and guide employers and employees in the area to implement Decree No. 38/2022/ND-CP in accordance with regulations, in which the following 02 contents should be noted. :
a) Regarding the mechanism and subjects of application: the monthly minimum wage and the hourly minimum wage are the lowest wages as a basis for employees, trade unions and employers to negotiate and pay wages. for employees, including:
- Minimum monthly salary is applied to employees who are receiving salary in the form of monthly salary payment.
- The minimum hourly wage is applied to employees who are receiving wages in the form of hourly wages.
- For employees who are receiving salary according to other forms of salary payment (weekly, daily, product-based, package salary), the salary being paid according to these forms of payment shall be converted to monthly or hourly ( according to points a and b, Clause 3, Article 4 of Decree No. 38/2022/ND-CP) must not be lower than the monthly minimum wage or the minimum hourly wage prescribed by the Government. The conversion of this monthly or hourly salary is selected by the employer, the conversion result is to check the compliance with the payment to the employee in different forms compared to the minimum monthly salary or the salary level. Minimum hourly wages are set by the Government. The Decree does not require a change in the form of salary payment that the employer and the employee have agreed upon.”
Accordingly, the minimum monthly salary is applied to employees who are receiving salary in the form of monthly salary payment, and the minimum hourly wage is applied to employees who are receiving salary in the form of hourly pay. .
In case the employee is receiving salary according to other forms of salary payment (weekly, daily, product-based, package salary), the salary being paid according to these forms of payment shall be converted to monthly or hourly basis. must not be lower than the minimum monthly salary or the minimum hourly wage prescribed by the Government
Strengthening support for workers and trade unions in dialogue, negotiation and implementation of Decree 38/2022/ND-CP on regional minimum wages in Vietnam
Pursuant to subsection 1.2, Section 1 of Official Dispatch 2086/BLDTBXH-TLDLDVN in 2022, providing for enhanced support for workers and trade unions in dialogue, negotiation and implementation of Decree 38/2022/ ND-CP is as follows:
- Strengthen the guidance and support of employees, grassroots trade unions and employers in dialogue and negotiation activities, especially collective bargaining to agree on wages and determine salary. establish other working conditions that are more favorable to employees than prescribed by law. Actively grasp the situation of labor relations in enterprises, promptly support, guide and handle arising problems, minimize labor disputes, strikes, ensure maintenance harmonious, stable and progressive labor relations in enterprises. Timely report to the Ministry of Labor, War Invalids and Social Affairs on the implementation of Decree No. 38/2022/NDCP in enterprises in the area, especially difficulties and obstacles for guidance on handling. timely handling.
Section 2 Official Dispatch 2086/BLDTBXH-TLDLDVN in 2022 stipulating the responsibilities of the Confederation of Labor of provinces and centrally run cities, Industry Trade Unions, Trade Unions of Corporations under the Vietnam General Confederation of Labor, including: :
+ Actively coordinate with state management agencies in charge of labor to implement the tasks mentioned in point 1 of this document.
+ Strengthen propaganda activities and disseminate the contents of Decree No. 38/2022/ND-CP to employees and grassroots trade union organizations to properly implement regulations; strengthen legal consultancy activities for employees and grassroots trade union officials.
+ Directing the grassroots trade union to promptly support the grassroots trade union to grasp the thoughts and aspirations of employees; Reviewing standards and working conditions to proactively propose and negotiate and negotiate with employers to establish agreements on salary and other working conditions more favorable to employees. compared with the law. Timely guide and support employees and grassroots trade unions to solve problems and disputes arising in labor relations at enterprises.
From July 1, 2022, continue to apply at least 7% higher salary for employees with university or college degrees?
Is it possible to continue to apply a minimum wage in Vietnam that is at least 7% higher for employees with university or college degrees?
Pursuant to point B, subsection 1.1, Section 1, Official Dispatch 2086/BLDTBXH-TLDLDVN in 2022, on continuing to apply a higher salary of at least 7% for employees or titles who have undergone vocational training or training. occupations are as follows:
“b) Regarding implementation responsibilities: in Clause 3, Article 5 of Decree No. 38/2022/NDCP 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, not to remove or reduce the salary regime when employees work overtime, work at night, compensation in kind and other regimes according to the provisions of labor law.
- With respect to the contents agreed and committed in the labor contract, labor agreement or other lawful agreements that are more beneficial to the employee than the provisions of this Decree, the implementation shall continue. , unless otherwise agreed by the parties, according to which, the implemented contents including the salary regime paid to employees doing jobs or titles requiring vocational training or vocational training are at least slightly higher. At least 7% of the minimum salary, the implementation will continue, unless otherwise agreed by the two parties in accordance with the provisions of the labor law.
Thus, according to the instructions in Official Dispatch 2086/BLDTBXH-TLDLDVN in 2022, the salary regime paid to employees who perform jobs or titles that require vocational training or vocational training is at least 7% higher than the salary. At least continue to do so. Therefore, in your case, you will still be entitled to the same lowest salary unless otherwise agreed.
LawNet