New policies on labor and insurance take effect from February 2022

New policies on labor and insurance take effect from February 2022 (Artwork)

1. Increase the maximum overtime for seasonal workers

According to Article 6 of Circular 18/2021/TT-BLDTBXH , the limits of standard working hours and overtime hours per week and month are regulated as follows:

- The total number of standard working hours and overtime hours in a day must not exceed 12 hours.

- The total number of standard working hours and overtime hours in a week must not exceed 72 hours.

(Currently,  Circular 54/2015/TT-BLDTBXH  stipulates no more than 64 hours in a week; especially for employees doing particularly heavy, hazardous and dangerous occupations and jobs, no more than 48 hours) .

- The total number of overtime hours in a month must not exceed 40 hours.

(Currently, the regulation does not exceed 32 hours; especially for employees doing particularly heavy, hazardous and dangerous occupations and jobs, no more than 24 hours).

The employer shall decide whether to apply the regulations on the number of working hours per week or by the month, and record it in the plan of working hours and rest periods in the year specified in Clause 2, Article 8 of  Circular 18. 2021 .

- The total number of overtime hours in a year for each employee must not exceed 300 hours.

Thus, compared to the current, the maximum working time and overtime of seasonal workers and custom-made jobs increased by 8 hours/week and 8 hours/month.

2. Adjustment of salary and income for which social insurance premiums have been paid in 2022

* Adjustment of monthly salary on which social insurance has been paid

Pursuant to Article 2 of Circular 36/2021/TT-BLDTBXH , the monthly salary for which social insurance premiums have been paid for employees paying compulsory social insurance shall be adjusted according to the following formula:

Monthly salary on which social insurance premiums are based, after adjustment of each year = Total monthly salary on which social insurance premiums are based, x Adjustment of salary for which social insurance premiums have been paid in the corresponding year.

In which, the adjusted salary for which social insurance premiums have been paid for the year are respectively as follows:

For employees who both have time to pay social insurance contributions and are subject to the salary prescribed by the State and have time to pay social insurance contributions according to the salary regime decided by the employer:

Monthly salary on which social insurance premiums are based, for employees who start participating in social insurance according to the salary system prescribed by the State from January 1, 2016 onward, and the monthly salary for which social insurance premiums have been paid according to the salary regime set by the employer. decisions are adjusted according to the above provisions.

* Adjustment of monthly income for which social insurance has been paid

Pursuant to Article 3 of  Circular 36/2021/TT-BLDTBXH , the monthly income for which social insurance premiums have been paid is adjusted according to the following formula:

Monthly income for payment of voluntary social insurance premiums after adjustment of each year = Total monthly income for payment of social insurance premiums of each year x Adjusted monthly income for which social insurance premiums have been paid in the respective year

In which, the adjusted monthly income for which social insurance premiums have been paid for the year are as follows:

For employees who both have time to pay compulsory social insurance and have time to pay voluntary social insurance, the monthly income for which voluntary social insurance has been paid is adjusted according to the above table; The monthly salary for which compulsory social insurance has been paid shall be adjusted according to the regulations on the adjustment of the monthly salary for which social insurance has been paid above. The average salary and monthly income for which social insurance premiums have been paid as a basis for calculation of pension, lump-sum allowance upon retirement, lump-sum social insurance and lump-sum survivorship allowance are calculated according to the provisions of Clause 4, Article 11  of Decree 115. /2015/ND-CP  and Clause 4, Article 5  of Decree 134/2015/ND-CP .

3. Remuneration ceiling under labor export brokerage contracts from January 1, 2022

This is the content of  Circular 21/2021/TT-BLDTBXH  guiding the  Law on Vietnamese workers working abroad under contract .

Accordingly, the ceiling of remuneration under the brokerage contract under the agreement between the service enterprise and the intermediary organization or individual must not exceed 0.5 months of the employee's contract salary for every 12 months. work.

In the case of a labor contract with a working term of 36 months or more, the ceiling of remuneration under the brokerage contract shall not exceed 1.5 months of the employee's salary under the contract.

The ceiling of remuneration under brokerage contracts for a number of specific markets, industries, professions and jobs is specified in Appendix X  of Circular 21/2021  , for example:

- All industries and trades in the Japanese and Thai markets are 0 dong;

- Crew members of offshore fishing vessels, transport ships in Taiwan (China) and Korean markets: 0 VND;

- Domestic workers in the Malaysian and Bruneian market: 0 VND;...

4. Increase the level of support for employees from the Overseas Employment Support Fund

Decision 40/2021/QD-TTg officially takes effect from February 21, 2022, increasing the level of support for employees working abroad under labor contracts from the Overseas Employment Support Fund, for example: :

- In case the employee has to return home ahead of time due to a labor accident, accident, illness or disease to the extent that he is no longer able to continue working abroad.

Support level: from 10,000,000 VND to 30,000,000 VND/case.

(Currently, the maximum support level is 5,000,000 VND/case)

- Support relatives of employees who die or go missing while working abroad.

Support level: 40,000,000 VND/case.

(Currently, the level of support for relatives of employees who die while working abroad is 10,000,000 VND/case).

Jewel

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