THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS
Circular No. 08/2013/TT-BLDTBXH dated June 10, 2013 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of the Decree No. 46/2013/ND-CP dated May 10, 2013 of the Government on the implementation of some Articles of the Labor Code regarding labor disputes
Pursuant to the Decree No. 46/2013/ND-CP dated May 10, 2013 of the Government on the implementation of some Articles of the Labor Code regarding labor disputes;
Pursuant to the Decree No. 106/2012/ND-CP dated December 20, 2012 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;
At the proposal of Director of Labor and Salary Department;
The Minister of Labor, Invalids and Social Affairs promulgates the Circular guiding the implementation of the Decree No. 46/2013/ND-CP dated May 10, 2013 of the Government on the implementation of some Articles of the Labor Code regarding labor disputes.
Article 1. Scope of regulation
This Circular guides the recruitment, appointment, re-appointment and assignment of labor conciliators for participating in labor dispute settlement and dismissal of labor conciliators as prescribed in the Government’s Decree No. 46/2013/ND-CP dated May 10, 2013 detailing the implementation of a number of articles of the Labor Code on labor disputes (hereinafter called the Decree No. 46/2013/ND-CP).
Article 2. Subjects of application
1. Labor conciliators.
2. Employees as prescribed in clause 1 Article 3 of the Labor Code.
3. Employers as prescribed in clause 2 Article 3 of the Labor Code.
4. Organizations representing for labor collectives at facility as prescribed in clause 4 Article 3 of the Labor Code.
5. Agencies, organizations and individuals related to the recruitment, appointment, re-appointment and assignment of labor conciliators for participating in labor dispute settlement and dismissal of labor conciliators.
Article 3. Application file for labor conciliator position
1. Application for labor conciliator position must be in accordance with the form No. 01/HGV issued together with this Circular. Application for labor conciliator position of persons working in state agencies, non-business units, political organizations, socio-political organizations, professional organizations not under introduction of agencies or organizations specified in point a clause 2 Article 5 of the Decree No. 46/2013/ND-CP must have consent of agencies or units where such persons are working.
2. Curriculum vitae certificated by the agencies directly managing or the communal People’s Committee where they reside.
3. Health certificate issued by the competent health agencies.
4. Copy of diplomas, certificate authenticated by competent agencies or organizations.
5. Written introduction for candidature in labor conciliator position of heads of agencies or organizations specified in point a clause 2 Article 5 of the Decree No. 46/2013/ND-CP for persons who are introduced for candidature in labor conciliator position.
