Decree No. 50/2013/ND-CP dated May 14, 2013 of the Government providing the management of employment, wages and bonuses for employees working in state-owned one-member limited liability companies
Decree No. 50/2013/ND-CP of May 14, 2013, providing the management of employment, wages and bonuses for employees working in state-owned one-member limited liability companies
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 18, 2012 Labor Code;
Pursuant to the November 29, 2005 Law on Enterprises;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
The Government promulgates the Decree providing the management of employment, wages and bonuses for employees working in state-owned one-member limited liability companies.
Article 1. Scope of regulation
This Decree provides the management of employment, wages and bonuses for employees working in state-owned one-member limited liability companies (below referred to as companies for short).
Article 2. Subjects of application
1. Employees working under labor contracts as prescribed by the Labor Code.
2. Members’ Councils or company presidents, controllers, general directors or directors.
3. State management agencies, agencies or organizations assigned or decentralized to exercise the rights and perform the obligations of the company owner (below referred to as owner for short).
Article 3. Employment management
1. Companies shall make recruitment and employment decisions on the basis of reviewing their employees, determining working positions and titles, ensuring the efficient recruitment and employment in association with the process of employment arrangement and company restructuring.
2. Based on their production and business plans and strategies and employment situation in the preceding year, companies shall determine their employment plans and report them to their owners and organize the recruitment according to their recruitment regulations and sign labor contracts as prescribed by law.
3. In the fourth quarter every year, companies shall assess the implementation of employment plans as a basis for the formulation of plans for the subsequent year. If the recruitment exceeds the planned target, thus leading to unemployment and termination of labor contracts, companies shall fully provide benefits to laid-off employees in accordance with the labor law and account such benefits in their business costs.
Article 4. Wage scales, wage tables and wage allowances
Companies shall formulate wage scales, wage tables and wage allowances under the Government’s Decree detailing a number of articles of the Labor Code regarding wages, and arrange wages for their employees from the wage scales and tables promulgated by the Government under Decree No. 205/2004/ND-CP of December 14, 2004, to the wage scales and tables issued by the companies.