What are the regulation on allocating expenses for salaries, allowances and salaries payables of trade union acengy in Vietnam?

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What are the regulation on allocating expenses for salaries, allowances and salaries payables of trade union acengy in Vietnam?

According to the provisions of Clause 1, Article 7 of Decision 4291/QD-TLD in 2022 on salaries, allowances and salaries payables of the trade union agency as follows:

"Article 7. Paying salary, allowances, salaries payables

1. Paying salaries, allowances, salaries payables

Trade union agencies must comply with the Party, State and General Confederation's regulations on organizational structure, payroll, labor contract, work contract... salary regime, salary allowance, allowances for trade union officials and amounts payable according to the salary of full-time trade union officials.

For contract workers in trade union agencies, when appointed to concurrently perform other jobs of the unit, they will be entitled to a part-time allowance according to the salary level entered into in the labor contract.

What are the regulation on allocating expenses for redundancies and the severance regime of trade union acengy in Vietnam?

According to the provisions of Clause 2, Article 7 of Decision 4291/QD-TLD in 2022 on support for redundancies and the severance regime as follows:

"Article 7. Paying salary, allowances, salaries payables

...

2. The trade union agencies shall only support the downsizing of payrolls and the severance regime for civil servants in trade union agencies; regimes for cadres who do not meet the conditions for re-election age; re-appointed to hold positions and titles according to the terms of the Government's Decree No. 26/2015/ND-CP dated March 9, 2015 stipulating the regimes and policies for cadres who do not meet the conditions for re-electied, re-appointed to hold positions and titles according to terms in the agencies of the Communist Party of Vietnam, the state, and socio-political organizations;

Instruction No. 1035/HD-TLD dated 07/07/2015 of the Vietnam General Confederation of Labor on guiding the implementation of regimes and policies for full-time trade union officials who are not eligible for re-election age, re-appointed to hold positions and titles according to terms in the Trade Union."

What are the regulation on allocating expenses for overtime and night work of trade union acengy in Vietnam?

According to the provisions of Clause 3, Article 7 of Decision 4291/QD-TLD in 2022 on overtime and night work payment as follows:

"Article 7. Paying salary, allowances, salaries payables

...

3. Overtime and night work payment

Trade unions pay overtime and night work according to Article 55 of Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government. Specifically:

- Overtime and night work payment by each agency must be specified in the agency's regulations on financial management and trade union assets on principles, subjects, processes and procedures for payment...

- Cadres, civil servants and employees who are permitted by competent authorities to sign labor contracts (hereinafter referred to as CBC) in trade union agencies on business trips, attending conferences, seminars and training If the per diem has been paid, it will not be paid for overtime or night work.

- Public employees in trade union agencies assigned to be on duty during public holidays, New Year holidays and weekly rest are arranged to take compensatory leave and enjoy a fostering regime according to the regulations on management of trade union finances and assets. pay overtime, work at night.

- Employees working as drivers, cleaners, security guards in trade union agencies according to the labor contract regime, the payment of overtime, working at night according to the provisions of law. on labor contracts and must be specified in the agency's regulations on financial management and trade union assets.

- Trade unions that have contracted payrolls and staff (including contract workers) exceeding the quotas assigned by competent authorities are not entitled to overtime payment in any form."

What are the regulation on allocating additional expenditures for increased income of trade union acengy in Vietnam?

According to the provisions of Clause 4, Article 7 of Decision 4291/QD-TLD in 2022 on additional expenditures for increased income of the trade union agency as follows:

"Article 7. Paying salary, allowances, salaries payables

...

4. Additional expenditures for increased income from the results of salary fund and administrative management budgeting according to Decree No. 130/2005/ND-CP dated October 17, 2005 of the Government, Joint Circular No. 71 /2014/TTLT-BTC-BNV dated May 30, 2014 of the Ministry of Finance and the Ministry of Home Affairs guiding the implementation of Decree No. 130/2005/ND-CP of the Government; Instruction No. 38/HD-TLD dated October 28, 2021 of the TLD on the implementation of the regime of autonomy and self-responsibility for the use of payroll and administrative management funds.

The head of the unit using the trade union finance shall decide on the number of labor contract within the regular expenditure level calculated according to the norm."

Thư Viện Pháp Luật

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