Guidance on determining wages for employees of community-based projects in Vietnam

Guidance on determining wages for employees of community-based projects in Vietnam (Image from the Internet)

1. Working hours for employees of community-based projects in Vietnam

According to Article 5 of Circular 11/2017/TT-BLDTBXH, the organization and arrangement of working and rest hours are agreed upon by workers engaged in community-based work, but must comply with the following provisions:

- Working hours shall not exceed 8 hours in a day;

- At least 1 day off per week (24 continuous hours). In special cases where the work cycle doesn't allow for weekly rest, a minimum of 4 days off per month on average is required;

- In case of overtime, the total working hours and overtime hours shall not exceed 12 hours in a day.

2. Guidance on determining wages for employees of community-based projects in Vietnam

Specifically, as per Article 4 of Circular 11/2017/TT-BLDTBXH, the wages of workers are paid based on the agreement between the community-based workers and considering the actual working time, the quantity, and quality of the work performed by the worker. To be specific:

- For workers who work the full 8 hours a day and 26 days a month, wages are calculated on a monthly basis and must not be lower than the regional minimum wage at the project or activity site;

- For workers who work less than 8 hours a day or less than 26 days a month, wages are calculated on an hourly basis and must not be lower than the regional minimum wage divided by 26 days and 8 hours at the project or activity site;

- In cases of overtime as stipulated in Clause 3, Article 5 of Circular 11/2017/TT-BLDTBXH, workers shall be paid hourly wages as regulated in Clause 2, Article 4 of Circular 11/2017/TT-BLDTBXH for overtime hours.

3. Regulations on labor safety and hygiene for employees of community-based projects in Vietnam

The labor safety and hygiene policies include:

- Support for training on labor safety and hygiene when performing jobs requiring strict compliance with safety and hygiene standards as stipulated in Article 32 of Decree 44/2016/ND-CP detailing several provisions of the Law on Occupational Safety and Health 2015 regarding labor safety technical inspections, safety and hygiene training, and labor environment monitoring, and guiding documents;

- Participation and benefits from voluntary labor accident insurance as prescribed by the Government of Vietnam;

- Receiving information on labor safety and hygiene suitable to local conditions as stipulated in Clause 3, Article 13 of the Law on Occupational Safety and Health 2015 and guiding documents;

- Provision by the project owner of compulsory insurance in construction investment activities and mandatorily insuring other professional liabilities as prescribed by law.

* Responsibilities of community-based workers regarding labor safety and hygiene:

- Responsible for labor safety and hygiene for the work they perform according to legal regulations;

- Ensuring labor safety and hygiene for those involved during labor;

- Promptly informing local authorities to take measures to prevent actions that compromise labor safety and hygiene;

- Reporting labor accidents to the commune-level People's Committee where the accident occurs as stipulated in Clause 3, Article 10 of Decree 39/2016/ND-CP detailing the implementation of certain articles of the Law on Occupational Safety and Health 2015 and guiding documents.

* Responsibilities of the project owner to ensure labor safety and hygiene for community-based workers include:

- Facilitating a safe and hygienic working environment for workers, allowing them to enjoy the policies stated in points a and b of Clause 1, Article 6 of Circular 11/2017/TT-BLDTBXH;

- Ensuring policies for workers stipulated in points c and d of Clause 1, Article 6 of Circular 11/2017/TT-BLDTBXH;

- Coordinating and facilitating workers to fulfill obligations as stated in Clause 2, Article 6 of Circular 11/2017/TT-BLDTBXH.

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