Circular 47/2015/TT-BLDTBXH guiding the implementation of certain provisions on authorization for signing labor contracts, wages, severance allowances, and job loss allowances
Article table of contents
Employment Contract Guidance:
- The legal representative of an enterprise, cooperative; the head of an agency, unit, organization, household head who does not directly sign the employment contract has the right to authorize someone to sign the employment contract. The document authorizing the signing of the employment contract in this case must follow Form No. 01 in the Appendix issued with this Circular.- The document authorizing the signing of the employment contract for an employee within a group must include the main contents as follows:- Full name, date of birth, gender, permanent address, occupation, and signature of the authorized employee;- Full name, date of birth, gender, permanent address, occupation, and signature of each employee in the group granting the authorization;- Details of the authorization, duration of the authorization.- The salary calculated by time for the job or position according to the wage scale and payroll constructed by the employer in accordance with labor law as agreed by both parties. For employees receiving salary based on products or fixed salary, the time-based salary must be recorded to determine the product unit price or fixed salary.- Salary allowances to compensate for factors related to working conditions, job complexity, living conditions, and salary allowances associated with the working process and job performance of the employee.- Other supplementary amounts agreed upon by both parties to be paid regularly in each pay period or irregularly in each pay period associated with the working process and job performance of the employee.
Calculation of Severance and Job Loss Allowance:
- The basis for calculating severance or job loss allowance is the average salary according to the labor contract of the 6 consecutive months before the employee leaves or loses their job.- If an employee works for the employer under multiple successive labor contracts, the working time used to calculate severance or job loss allowance is the total working time the employee has worked for the employer under the labor contracts. If the last labor contract is unilaterally terminated by the employee unlawfully or the employee is dismissed as a disciplinary measure, the working time under the last labor contract is not counted towards severance allowance.- Employees who have worked in state agencies, organizations, units, enterprises but have not received severance or job loss allowance, or a one-time allowance before demobilization, or a discharge allowance for employees with working time in units within the armed forces and who transferred to state enterprises (100% state-owned enterprises or enterprises equitized from state enterprises) before January 01, 1995, the employer is responsible for paying severance or job loss allowance for the working time the employee has worked for them, and including the working time the employee had at previous state agencies, organizations, units, or enterprises.- Employees with actual working time for the employer of 12 months or more who lose their job but whose working time used to calculate job loss allowance is under 18 months, the job loss allowance must be at least equal to 2 months' salary.- After merging, consolidating, splitting, or separating an enterprise or cooperative, if an employee terminates their employment contract, the employer is responsible for paying severance or job loss allowance for the working time the employee worked for them and the working time the employee worked for the employer before the merger, consolidation, splitting, or separation of the enterprise, cooperative.
More details can be found in Circular 47/2015/TT-BLDTBXH effective from January 01, 2016, guiding the implementation of certain provisions regarding labor contracts, labor discipline, and material liability of Decree 05/2015/ND-CP.
