Procedure for Receiving Termination Notices for Employees by the Ho Chi Minh City Department of Labor, Invalids and Social Affairs
What is the process for receiving job termination notifications for employees by the Department of Labor, Invalids and Social Affairs of Ho Chi Minh City as regulated?
On July 31, 2023, the Department of Labor, Invalids and Social Affairs of Ho Chi Minh City issued Official Dispatch 17792/SLDTBXH-LD in 2023 guiding the implementation of the job termination notification process for employees as stipulated in Clause 6, Article 42 of the Labor Code 2019.
According to Official Dispatch 17792/SLDTBXH-LD in 2023, the Department of Labor, Invalids and Social Affairs implements the process for receiving job termination notifications for employees as follows:
The Department of Labor, Invalids and Social Affairs deploys the process for receiving job termination notifications for employees to units and enterprises in Ho Chi Minh City in cases where the employer changes structures, technology, or for economic reasons as regulated in Clause 6, Article 42 of the Labor Code 2019.
The content regarding the process for receiving job termination notifications for employees is posted on the web portal of the Department of Labor, Invalids and Social Affairs: https://sldtbxh.hochiminhcity.gov.vn/, under the Labor - Salary - Social Insurance category.
- The Department of Labor, Invalids and Social Affairs requests the Management Boards of Export Processing Zones - Industrial Zones, the Management Board of the High-Tech Park, the People's Committee of Thu Duc city, and districts to disseminate the above content to units and enterprises within the management scope.
- The Management Boards of Export Processing Zones - Industrial Zones are requested to compile a list of units and enterprises that have sent job termination notifications for employees as regulated in Article 42 of the Labor Code 2019 and send it to the Department of Labor, Invalids and Social Affairs (online, via the Google Form link as guided by the Department).
What is the process for receiving job termination notifications for employees by the Department of Labor, Invalids and Social Affairs of Ho Chi Minh City?
What documents should the employer submit to the Department of Labor, Invalids and Social Affairs of Ho Chi Minh City when notifying about employee termination for economic reasons?
In Section 1 of the process for receiving job termination notifications for employees in cases where the employer changes structures, technology, or for economic reasons, issued together with Decision 15233/QD-SLDTBXH in 2023 by the Department of Labor, Invalids and Social Affairs of Ho Chi Minh City, the required documents for receipt are specified as follows:
(1) Notification document: 1 original copy
(2) Documents of the employer that have relevant regulations concerning the termination of employees due to structural or technological changes, or for economic reasons (if any): 1 original copy.
(3) Comments from the employee representative organization at the facility where there is such an organization (if any): 1 original copy
(4) Employment utilization plan: 1 original copy
Document submission location: The Department of Labor, Invalids and Social Affairs (Document Reception Division), located at 159 Pasteur, Vo Thi Sau Ward, District 3
Processing time: Seven (07) working days from the date of receipt of the documents (according to Section I).
What are the obligations of the employer in cases of structural or technological changes or for economic reasons?
Article 42 of the Labor Code 2019 stipulates the obligations of the employer in cases of structural, technological changes, or for economic reasons.
Obligations of the employer in cases of structural or technological changes or for economic reasons:
1. The following cases are considered as structural or technological changes:
a) Change in organizational structure, reorganization of labor;
b) Changes in processes, technology, machinery, production, and business equipment associated with the employer’s sector or profession;
c) Changes in products or product structure.
2. The following cases are considered as for economic reasons:
a) Economic crisis or recession;
b) Implementation of State policies and laws when restructuring the economy or fulfilling international commitments.
3. In cases of structural or technological changes that affect the employment of multiple employees, the employer must develop and implement an employment utilization plan as stipulated in Article 44 of this Code; if there are new job positions, priority should be given to retraining employees to continue employment.
4. In cases of economic reasons where many employees are at risk of losing their jobs or must be terminated, the employer must develop and implement an employment utilization plan as stipulated in Article 44 of this Code.
5. In cases where the employer cannot resolve the employment issue and must terminate employees, they must pay severance allowance according to the provisions of Article 47 of this Code.
6. Termination of employees under this Article can only be conducted after consulting with the employee representative organization at the facility where there is one and it includes the employee as a member, and the notification must be sent 30 days in advance to the provincial People’s Committee and to the employee.
The obligations of the employer in cases of economic structural changes or for economic reasons are as follows:
- In cases of structural or technological changes that affect the employment of multiple employees, the employer must develop and implement an employment utilization plan as stipulated in Article 44 of the Labor Code 2019; if there are new job positions, priority should be given to retraining employees to continue employment.
In cases of economic reasons where many employees are at risk of losing their jobs or must be terminated, the employer must develop and implement an employment utilization plan as stipulated in Article 44 of the Labor Code 2019.
In cases where the employer cannot resolve the employment issue and must terminate employees, they must pay severance allowance according to the provisions of Article 47 of the Labor Code 2019.
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