What is the lowest hourly wage that students in Vietnam can receive according to the latest regulations on minimum hourly wages?
How to supplement regulations on minimum hourly wage from July 1, 2022?
According to the provisions of Circular 38/2022/ND-CP, the minimum hourly wage rate is as follows:
Minimum hourly wage is calculated in Unit: VND/hour
Region I: 22,500 VND/hour
Region II: 20,000 VND/hour
Region III: 17,500 VND/hour
Region IV: VND 15,600/hour
- The hourly minimum wage is the lowest salary as a basis for negotiating and paying wages to employees applying the hourly wage form, ensuring the salary according to the job or title of the employee. in one hour and complete the agreed labor or work norm not less than the hourly minimum wage.
- For employees who apply the form of weekly or daily salary or product or package salary, the salary of these forms of payment, if converted by month or hourly, must not be lower than the minimum wage. month or hourly minimum wage. The salary converted by month or hourly on the basis of normal working hours selected by the employer in accordance with the labor law as follows:
+ The monthly salary is equal to the weekly salary multiplied by 52 weeks divided by 12 months; or the daily wage multiplied by the number of normal working days in a month; or the salary by product, the salary paid in the normal working hours of the month.
+ The hourly converted salary is equal to the weekly and daily salary divided by the number of normal working hours in a week or a day; or product-based salary, package salary divided by the number of hours worked during normal working hours to produce products or perform contracted tasks.
Are students in Vietnam working overtime considered part-time workers?
Pursuant to Article 32 of the 2019 Labor Code stipulating part-time work as follows:
Part-time employee means an employee whose working time is shorter than the normal working time by day, by week or by month as prescribed in the labor law, labor agreement, etc. collective action or labor regulations.
- The employee agrees with the employer to work part-time when concluding the labor contract.
- Part-time employees are entitled to wages; equality in exercising rights and obligations with full-time employees; equality of opportunities, non-discrimination, ensuring occupational safety and hygiene.
Thus, students in Vietnam overtime is applied in case the employee is not full-time as prescribed by law. This means that part-time employees will still be able to sign a labor contract in accordance with the provisions of the Labor Code.
What is the lowest hourly wage that students in Vietnam can receive according to the latest regulations on minimum hourly wages?
How is the minimum hourly wage applied?
According to Article 2 of Circular 38/2022/ND-CP, the subject of application is as follows:
"Article 2. Subjects of application
1. Employees work under labor contracts in accordance with the provisions of the Labor Code.
2. Employers according to the provisions of the Labor Code, including:
a) Enterprises in accordance with the Law on Enterprises.
b) Agencies, organizations, cooperatives, households and individuals that hire or employ employees to work for them as agreed.
3. Other agencies, organizations and individuals involved in the implementation of the minimum wage specified in this Decree."
Thus, employees working under labor contracts are subject to the application of the minimum hourly wage as prescribed in Circular 38/2022/ND-CP.
Authority to enter into labor contract like?
According to Article 18 of the 2019 Labor Code, the authority to enter into labor contracts is as follows:
- Employees directly enter into labor contracts, except for the case specified in Clause 2 of this Article.
- For seasonal jobs, certain jobs with a term of less than 12 months, a group of employees aged full 18 years or older may authorize one employee in the group to enter into a labor contract; in this case, the labor contract must be entered into in writing and have the same effect as a contract with each employee.
The labor contract signed by the authorized person must be accompanied by a list clearly stating the full name, date of birth, gender, place of residence and signature of each employee.
- The person entering into a labor contract on the employer's side is a person in one of the following cases:
+ The legal representative of the enterprise or the person authorized by law;
+ The head of an agency or organization has the legal person status as prescribed by law or an authorized person according to the provisions of law;
+ Representatives of households, cooperative groups, other organizations without legal status or authorized persons as prescribed by law;
+ Individuals directly employ workers.
- The person entering into the labor contract on the employee's side is a person in one of the following cases:
+ Employees aged full 18 years or older;
+ The employee is from full 15 years old to less than 18 years old with the written consent of his/her legal representative;
+ Persons under the age of 15 and their legal representatives;
+ The employee is legally authorized by the employees in the group to enter into a labor contract.
- Persons authorized to enter into labor contracts may not re-authorize other persons to enter into labor contracts.
Thus, according to the above regulations, students in Vietnam participating in part-time jobs in enterprises, labor establishments and organizations can still sign labor contracts, in case of being signed labor contracts, students in Vietnam will Minimum hourly wage rules apply.
Decree 38/2022/ND-CP takes effect from July 1, 2022.
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