Key documents in the field of Labor and Wages in 2016 are as follows:
1. New regulations on salary payments for officials and civil servants.
Decision 15/2016/QD-TTg on the administrative cost levels for social insurance (BHXH), unemployment insurance (BHTN), and health insurance (BHYT) for the period 2016-2018 will take effect from May 25, 2016.
Accordingly, the salary expenditure level, which is 1,8 times the salary regime for officials, civil servants, and public employees as prescribed by the State, shall be applied to the following individuals within the approved staffing quota or job position:
- Officials, civil servants, public employees, and workers employed in units under the Vietnam Social Security.
- Employees working under labor contracts in the Social Insurance organizations of the Ministry of National Defense and the Ministry of Public Security (this only applies to Social Insurance organizations that are independent budgetary units, have their own seals and accounts, and have their own accounting systems in accordance with the law on accounting).
- Workers implement unemployment insurance policies through local employment service centers and unemployment insurance organizations under the Ministry of Labor, War Invalids and Social Affairs.
2. The court did not accept the social insurance debt claim filed by the social insurance agency.
This is the content mentioned in Official Letter 105/TANDTC-PC&QLKH dated April 14, 2016, from the Supreme People's Court.
Accordingly, from January 1, 2016, the Court will no longer accept lawsuits filed by the Social Insurance Agency demanding social insurance benefits from employers.
For cases that were accepted before January 1, 2016, but remain unresolved, the court will issue a decision to suspend the case and return the lawsuit application.
The court will guide the plaintiff in complying with the provisions of the Labor Code, the Social Insurance Law, and the Law on Handling Administrative Violations.
3. Notification of labor changes at units under the Ministry of National Defense and the Ministry of Public Security.
According to Joint Circular 03/2016/TTLT-BLDTBXH-BQP-BCA, the notification of changes in the workforce employed under labor contracts at units under the Ministry of National Defense and the Ministry of Public Security is carried out in accordance with the provisions of Clause 6, Article 32 of Decree 28/2015/ND-CP, as follows:
The following cases are identified as labor turnover within the unit:
- Increase the number of workers employed under labor contracts.
- Reduce the number of workers employed under labor contracts.
- Suspension of the employment contract.
Units under the Ministry of National Defence and the Ministry of Public Security report on the increase and decrease in the number of employees, the reasons for the increase and decrease; and the number of employees whose employment contracts are temporarily suspended, in accordance with the guidelines of the Ministry of National Defence and the Ministry of Public Security.
This joint circular takes effect from May 15, 2016. The above are the prominent documents on Labor and Wages in 2016.
Source: Law Library
