Labor Norms: What Are They?

Thu Ky Luat would like to address your queries as follows:

The Labor Code 2012 does not define what constitutes a labor norm, but based on its practical application, it can be understood as follows: Labor norm refers to the determination of the number of tasks or products produced within a specific period or the amount of time required to complete a unit of task or product.

Labor norm, as stipulated by law, is one of the bases for employers to recruit, utilize labor, negotiate wage levels listed in labor contracts, and pay wages to employees. Thus, employers are responsible for establishing labor norms based on principles prescribed by the Government of Vietnam.

There are 5 principles for developing labor norms (based on Article 8 of Decree 49/2013/ND-CP):

- Labor norms are implemented for each step of the work, each stage, and the entire process of producing products or services based on scientific labor organization and reasonable production arrangements;- Labor norms are constructed based on the rank of the job or title, appropriate to the level and training of the employee, technology processes, technical standards of machinery and equipment, and ensuring labor standards.- The labor norm must be an advanced average level, ensuring that the majority of employees can perform without extending the standard working hours of the enterprise as prescribed by law.- The new labor norm must be tested before official implementation. The enterprise must notify employees at least 15 days before applying the trial. The trial period depends on the nature of the work but must not exceed 3 months and must evaluate the implementation.

In cases where, during standard working hours, the actual performance measured by output is 5% lower or 10% higher than the assigned norm, or the actual performance time is 5% higher or 10% lower than the assigned norm, the enterprise must adjust the labor norms.- Labor norms must be periodically reviewed, evaluated, amended, supplemented, and adjusted as appropriate. When developing or amending, supplementing, or adjusting labor norms, enterprises must consult the representative organization of the collective labor at the enterprise and publicly announce it at the workplace of the employees before implementation, and concurrently send it to the district-level state labor management agency where the enterprise's production facility is located.

It should be noted that when establishing labor norms, employers must consult the representative organization of the collective labor at the facility and publicly announce it at the workplace of the employees before implementation, and concurrently send it to the district-level state labor management agency where the employer's production and business facility is located.

The above contents are stipulated in the Labor Code 2012 and Decree 49/2013/ND-CP concerning labor norms.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE