What is the main content of the labor utilization plan? How long is the public announcement period for the labor utilization plan?
What are the main contents of the labor utilization plan?
Regarding the regulations on the main contents of the labor utilization plan, Clause 1, Article 44 of the Labor Code 2019 specifies as follows:
The labor utilization plan must include the following main contents:
- Number and list of employees to be retained, employees to be retrained for continued use, and employees to be transferred to part-time work;- Number and list of employees retiring;- Number and list of employees whose labor contracts must be terminated;- Rights and obligations of the employer, employees, and related parties in implementing the labor utilization plan;- Measures and financial resources to ensure the implementation of the plan.
What are the main contents of the labor utilization plan? How long is the public announcement period of the labor utilization plan?
What is the procedure for consulting with the employee representative organization at the workplace when formulating the labor utilization plan?
Regarding the procedure for consulting with the employee representative organization at the workplace when formulating the labor utilization plan, Clause 2, Article 44 of the Labor Code 2019 and Article 41 of Decree 145/2020/ND-CP specify as follows:
When formulating the labor utilization plan, the employer must consult with the employee representative organization at the workplace where such an organization exists.
The procedure for consulting with the employee representative organization at the workplace includes:
- The employer is responsible for sending a document containing the content to be consulted to the delegate members representing the employees for dialogue;- The delegate members representing the employees for dialogue are responsible for collecting employee opinions and compiling them into documents representing each employee organization at the workplace, or the employee dialogue group to send to the employer; if the content of the dialogue relates to the rights and interests of female employees, their opinions must be ensured;- Based on the opinions of the employee representative organizations at the workplace, and the employee dialogue group, the employer organizes a dialogue to discuss, consult, share information on the proposed contents;- The number, composition of participants, time, and location of the dialogue are determined by both parties according to the workplace democratic regulations;- The course of the dialogue must be recorded in minutes and signed by the representatives of the dialogue participants as stipulated in Clause 4, Article 39 of this Decree;- No later than 03 working days from the end of the dialogue, the employer is responsible for publicly announcing the main contents of the dialogue at the workplace; the employee representative organization (if any) and the employee dialogue group (if any) disseminate the main contents of the dialogue to the represented employees.
Is it mandatory for the company to formulate a labor utilization plan if it changes structure or technology?
According to Article 42 of the Labor Code 2019, there are 03 cases where a labor utilization plan must be formulated as follows:
- Case of a structural or technological change affecting the employment of many employees;- Case of economic reasons causing the risk of job loss or redundancy for many employees;- Case of division, separation, consolidation, merger; sale, lease, conversion of type of enterprise; transfer of ownership, or transfer of enterprise assets affecting the employment of many employees.
Thus, if the company changes its structure or technology, and these changes affect the employment of many employees in the company, a labor utilization plan must be formulated.
How long is the public announcement period of the labor utilization plan?
Regarding the regulations on the public announcement period of the labor utilization plan, Clause 2, Article 44 of the Labor Code 2019 specifies that when formulating the labor utilization plan, the employer must consult with the employee representative organization at the workplace where such an organization exists. The labor utilization plan must be publicly announced to employees within 15 days from the date of approval.
As such, the labor utilization plan must be publicly announced to employees within 15 days from the date of approval.
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