After completing the business registration procedures, making the first tax declaration, businesses should not rush to do business right away, but they must perform the State tasks and procedures for the Human Resources department, namely Labor - Salary - Social insurance.
Accordingly, enterprises need to strictly perform the following Labor - Salary jobs to start managing and using their own labor.
1. First-time employment report
Within 30 days from the date of commencement of operation, the enterprise must report the employment of labor to the Division of Labor - Invalids and Social Affairs or Department of Labor - Invalids and Social Affairs (if the enterprise belongs to the area industry) where its headquarters, branches and representative offices are located. The number of reporting workers does not include those on probation.
2. Notice of the number of employees working at newly established enterprises
Within 30 days from the date of establishment, the enterprise is responsible for sending the initial notice of the number of employees working at the unit to the employment service center where the enterprise is headquartered.
3. Making a labor management book
Within 30 days from the commencement of operation, the enterprise must prepare a labor management book where its head office, branches and representative offices are located.
Enterprises are responsible for recording and entering all information about employees when the labor contract takes effect and updating information when there is a change in the Labor Management Book.
New business activities must be performed
1. Building wage scale and payroll
Enterprises necessarily build their own salary scales and payrolls. This is the basis for recruiting, using labor, negotiating the salary stated in the labor contract and paying employees.
2. Formulation and notification of labor agreement of the enterprise (If any)
Collective labor agreement is a written agreement between the employee collective and the employer on the working conditions that the two sides have reached through collective bargaining.
The agreement is only signed when the parties have reached an agreement at the collective bargaining meeting.
3. Formulating written labor regulations
Enterprises employing 10 or more employees must have a written labor regulation.
Within 10 days from the date of issuance of the Labor Code, the enterprise must submit 01 dossier of registration of the Labor Code to the Department of Labor, War Invalids and Social Affairs (hereinafter referred to as the Department of Labor, War Invalids and Social Affairs) where the enterprise operates. industry headquarters. Labor - Salary
4. Establishment of grassroots trade unions (If any)
When wishing to establish trade unions at enterprises (hereinafter called trade unions for short); Firstly, the employees will have to organize the mobilization committee to establish a trade union at the enterprise (hereinafter referred to as the mobilization committee) and should contact the upper-level trade union directly at the nearest place to instruct, help and support the establishment of Trade Unions.
5. Declaring the use of machines, equipment and supplies with strict labor safety requirements (if any)
Enterprises must select the organization of labor safety technical inspection for the first time inspection before putting into use the machines, equipment and supplies subject to strict labor safety - comparison requirements. At the List of machines, equipment and supplies with strict occupational safety requirements, issued together with Circular 53/2016 / TT-BLĐTBXH.
Jobs when the new business starts to use the labor
1. Signing of labor contracts
Enterprises must enter into a labor contract (labor contract) in writing with each employee working for themselves, each party will keep 01 copy; Except for temporary jobs with a term of less than 03 months, the parties may conclude a labor contract verbally.
2. Registration for granting personal income tax code (If not available)
Enterprises paying salaries and wages shall have to withhold tax before paying income to individuals if their income is up to the level of tax payment. If an individual already has a tax code, he / she may provide it to the enterprise.If not, then he or she may apply for the tax code himself and provide it to the enterprise or authorize the enterprise to register for him.
3. Registration for participation in social insurance, health insurance and unemployment insurance for the first time
Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or a certain job with a term of between full 03 months and under 12 months, including people under 15 years of age are subject to arrest Forced participation in social insurance, health insurance and unemployment insurance.
Enterprises employing employees who are subject to social insurance, health insurance and unemployment insurance shall be responsible for registering to participate in all kinds of insurance for employees when signing labor contracts.
4. Monthly deduction for social insurance, health insurance and unemployment insurance
After registering to participate in social insurance (social insurance), health insurance (health insurance), unemployment insurance (unemployment insurance) for employees, the enterprise is responsible for paying social insurance, health insurance and unemployment insurance premium to pay monthly to Insurance Agency.
5. Payment of monthly union fund
Every month, when an enterprise pays compulsory social insurance for its employees, it must also pay Trade Union funds. This is an enterprise's obligation, regardless of whether or not an enterprise has a Trade Union organization. Labor - Salary