Biểu mẫu được biên tập từ chuyên mục tư vấn luật Lao động của Công ty luật Minh Khuê

>> Luật sư tư vấn pháp luật Lao động, gọi: 1900.6162

1. Mẫu Quyết định kỷ luật lao động cách chức

>> Tải ngay: Mẫu Quyết định kỷ luật lao động cách chức

NAME OF THE COMPANY

…………………………….

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

No……/QĐ-GĐ

At…….,…../…../………

DECISION OF THE DIRECTOR OF

…………………..

(On executing the labour discipline)

- Pursuant to the Labour Code No. 45/2019/QH14 passed by the National Assembly on 20 November 2019;

- Pursuant to the documents guiding the implementation of the Labour Code with respect to the labour discipline and material responsibility;

- Pursuant to the minutes of settling labour discipline dated …./…../…..; and

>> Xem thêm:  Sa thải người lao động nghỉ ốm không báo trước có được không ?

- At the proposal of …………...

DECIDE:

Article 1. To execute labour discipline with respect to

Mr. ……………………………………………

Department: ………………………………….

Division: ….………………………………….

Current job: …………………………………..

Trained professional competence: …………...

Seriousness of violation: ……………………..

Form of discipline: Demotion

>> Xem thêm:  Sa thải nhân viên đang mang thai thì bị xử lý như thế nào ?

Article 2. This decision is made into 03 (three) original copies with equal legal validity, in which 01 (one) original copy will be kept at head office of the Company, 01 (one) original copy will be sent to the Department of Labour, War Invalids and Social Affairs of ………..

Province and 01 (one) original copy will be delivered to Mr………………..

Article 3. Mr………………………., Managers of the Human Resource Department, Accounting Department and other related Departments shall be responsible for execution of this Decision.

Recipients:

- As Article 4;

- The Executive Committee of the Grassroots Trade Union; and

-Archived in the Company

For and on behalf of the company

2. Mẫu Quyết định kỷ luật lao động sa thải

>> Tải ngay: Mẫu Quyết định kỷ luật lao động sa thải

NAME OF THE COMPANY

…………………………….

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

No……/QĐ-GĐ

At…….,…../…../………

DECISION OF THE DIRECTOR OF

…………………..

(On executing the labour discipline)

- Pursuant to the Labour Code No. 45/2019/QH14 passed by the National Assembly on 20 November 2019;

- Pursuant to the documents guiding the implementation of the Labour Code with respect to the labour discipline and material responsibility;

- Pursuant to the minutes of settling labour discipline dated …./…../…..; and

- At the proposal of …………...

DECIDE:

Article 1. To execute labour discipline with respect to Mr. ……………………….

Department: ……………………………………….

Division: …………………………………………..

Current job: ……………………………………….

Trained professional competence: ………………...

Seriousness of violation: …………………………..

Form of discipline: Dismissal

Article 2. The Labour Contract No. ….. signed on …… by and between ….. Company and Mr. ……………… will terminate its effect as of the signing date of this Decision.

Article 3. This decision is made into 03 (three) original copies with equal legal validity, in which, 01 (one) original copy is sent to the Executive Committee of the Grassroots Trade Union, 01 (one) original copy will be filed at head office of the Company and 01 (one) original copy will be delivered to Mr. ……………….

Article 4. Mr.…………….., Managers of the Departments of Human Resource, Accounting and other related Departments shall be responsible for implementing this Decision.

Recipients:

- As Article 4;

- The Executive Committee of the Grassroots Trade Union; and

-Archived in the Company

For and on behalf of the company

3. Mẫu Chính sách an toàn lao động, vệ sinh lao động

>> Tải ngay: Mẫu Chính sách an toàn lao động, vệ sinh lao động

NAME OF THE COMPANY

…………………………….

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

No……/CS-CT

At…….,…../…../………

REGULATIONS ON ENSURING

OCCUPATIONAL SAFETY, HYGIENE

AT THE WORKPLACE

Pursuant to the Labour Code 2019, Law on occupational safety and sanitation 2015 …………….. Company “Company” issues the following working process to ensure occupational safety, hygiene for the employees at the working place.

SECTION I

GENERAL PROVISIONS

Article 1. General Requirement

1. For the dừect manager, supervisor

The Employees who are direct managers or supervisors shall be obliged to implement the following works:

(i) Periodically inspecting the working place, implementing reasonable measures to ensure safe work areas and prevent health risks of the Employees;

(ii) Mastering the process directly related to supervision; and

(iii) Promptly dealing with the incidents which potentially threaten the life of the Employees or damage the machinery and equipment.

2. For the Employees

The Employees are obliged to comply with the provisions of this regulation for ensuring occupational safety and hygiene of their Employees and immediately report to the direct manager or supervisor regarding to all risks, possible damages and accidents in the departments to find preventive measures.

Article 2. Provision of Occupational Protective Equipment for the Employees

1. General criteria

All Employees working at the Company shall implement the following requests:

(i) Wearing the uniform in accordance with the provisions of each department; and

(ii) Wearing the protective shoes provided by the Company when entering the Company’s factory areas.

2. Special occupational protective facilities, equipment

Subject to conditions and working places of the employees, the Company shall provide the following special occupational protective facilities and equipment for the employees who work in and expose to dangerous or harmful factors:

(i) Safety glasses;

(ii) Ear protection;

(iii) Protective gloves; and

(iv) ………(Other occupational protection, if any).

Article 3. Requirement on Safety of Machinery, Equipment

1. General requests

(i) Operating instructions for machinery and equipment must be attached to equipment, machinery at obvious locations;

(ii) The operator must inspect machinery and equipment daily before using;

(iii) All damage to machinery, equipment must be recorded in the inspection book and repaired in a reasonable manner; and

(iv) Do not use the machinery, equipment if damage is identified that could adversely affect the safety system of machinery and equipment when operating. The person in charge must evaluate the professional qualification of the operator of those machinery and equipment.

2. Fire prevention and fighting

(i) All fire extinguishers must be installed in the appropriate places and must be inspected periodically;

(ii) Damaged equipment must be labelled “Not used”, removed from the working areas and replaced;

(iii) Flammable items must be removed from the working area or shielded with warnings for fire prevention and fighting; and

(iv) The usage of fire extinguishers is only conducted by the employees who know the usage.

(Depending on production, business activities, the Company may supplement additional requests for the types of specific machinery, equipment that the Company is using at the production, working areas).

Article 4. Requirement on Health

1. The Company will equip first-aid box and place it in the working place, in conspicuous, easy-to-get locations with a separate symbol (usually a cross) and inform the employees of the location and usage.

2. The employees shall be obliged to report to the direct management when detecting toxic substances or factors and at the same time seek the ways for preventing the damage from arising.

3. …………….. (Other requirements, if any).

SECTION II

INSTRUCTIONS OF OCCUPATIONAL SAFETY

FOR EACH FUNCTIONAL DEPARTMENT, DIVISION

Article 5. Human Resource Department

1. All applicants must be interviewed to clarify information on the work process and qualification of the applicants.

2. Recovery of wear tags, uniforms, keys, tools, other equipment provided by the Company for the Employees when the Employees leave their jobs.

3. Periodically evaluating, inspecting the internal recruitment of personnel to ensure the recruitment process in accordance with the provisions of the Company.

Article 6. Security Department

1. Wearing the uniform and the name tag of the guard.

2. The transfer of work between shifts must be arranged and supervised by the direct manager of the security department.

3. Regularly inspecting the camera system, the information equipment and the lighting system.

4. Strictly implementing the patrol around the assigned areas and immediately notifying to the direct manager when any suspicious cases are found for prompt handling.

5. Inspecting all letters and parcels from outside sent to the Company and recording in the entrance checking book before transferring to the relevant departments. During the inspection process, if there are any unusual signs (such as no sender name, address, and an unusual heavy envelope) they must be notified immediately to the direct manager to ask for comments.

Article 7. Office Area

1. All Employees must wear their name tag so that the security department can easily identity them.

2. All dossiers must be correctly filed.

3. The Employees who are not in charge or outside guests shall not be allowed into the office area, except as agreed by the manager of the related department and the direct manager of the security department.

4. The office area must be secured during the lunch break to avoid persons not permitted to enter.

Article 8. Production Area

1. The security department must open the door and inspect the security and safety of fire prevention and fighting every morning at the production areas.

2. All Employees must wear their name tags when working at the production areas.

3. The Employees shall be obliged to be vigilant and notify the direct manager of any unusual item which is not identifiable by origin in his/her working area.

4. All goods, finished products etc. transferred from one department to another must be clearly listed in the delivery slip.

5. In the event that a stranger appears in the production area and this person does not accompany the authorized person of the Company, the employee shall immediately report to the direct manager and the security department to be known.

(Depending on the structure of departments, divisions of the Company, the Company may supplement additional related provisions for other departments, division, if any).

SECTION III

IMPLEMENTATION PROVISIONS

Article 9. Amendment and Addition of the Regulation

All amendments, additions, updates, adjustments for the Regulation shall be only implemented and take effect when the Director being the legal representative signs for issuance

Article 10. Implementation Provisions

1. This Regulation is made, explained and adjusted in accordance with the law of Vietnam.

2. This Regulation shall take effect from the signing date, and the Company shall notify to all Employees to be known and implemented.

For and on behalf of the company

4. Mẫu Lấy ý kiến về an toàn lao động, vệ sinh lao động

>> Tải ngay: Mẫu Lấy ý kiến về an toàn lao động, vệ sinh lao động

NAME OF THE COMPANY

…………………………….

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

No……/BBLYK-CT

At…….,…../…../………

MEETING MINUTES

BETWEEN ....... COMPANY AND THE EXECUTIVE

COMMITTEE OF THE GRASSROOTS TRADE UNION

Ref: Collecting the opinion of the Executive Committee

of the Grassroots Trade Union regarding the plan on

occupational safety and hygiene

Today, at …. AM, the 23 day of September, 2020, at …………, …………… Company “Company” and the Executive Committee of the Grassroots Trade Union hold a meeting at the Company’s head office located at (Address).

The meeting includes the participation of the following personnel:

1. The Company’s representative: Mr. …………………- (Please insert the Title of the legal representative or the authorized person of the legal representative);

2. The Executive Committee of the Grassroots Trade Union of the Company, includes:

- Mr. ………………………- The Chairman;

- Mr ………………………- The Vice Chairman;

- Mr. ………………………- The member;

- Mr ………………………- The member; and

A. Purpose of the meeting

Mr. ………………………- The Chairman cum the legal representative or the authorized representative informed that purpose of the meeting is the collection of the opinion of the Executive Committee of the Grassroots Trade Union in respect of the plan on occupational safety and hygiene built by the Company in the year of ….. “Plan”.

B. Agenda in details of the meeting

Upon the consideration and discussion, the Company and the Executive Committee of the Grassroots Trade Union unanimously agreed on the contents of the Plan as attached to this Meeting Minutes.

C. Opinions of the participants

The participants totally agree with the above content.

D. Voting

Issued votes: …………………………………………

Be for: …. /…… votes, accounting for …… %.

Be against: …… vote.

Other idea: …… vote.

The above contents were agreed by both parties and no other issues were discussed. Mr. ………………….. declared that the meeting was closed at …. AM of the same date.

The meeting minutes is made into 02 (two) original copies with the same validity, in which 01 (one) original copy shall be kept at the Company’s head office and 01 (one) original copy shall be kept at the Executive Committee of Grassroots Trade Union.

The meeting minutes between the Company and the Executive Committee of the Grassroots Trade Union signed by Mr. ………………………- The Chairman cum the legal representative or the authorized representative of the Company and the representative of the Executive Committee of the Grassroots Trade Union are presented as below:

Confirmation of the Participants

Confirmation of the Participants

5. Mẫu Kế hoạch an toàn lao động, vệ sinh lao động

>> Tải ngay: Mẫu Kế hoạch an toàn lao động, vệ sinh lao động

NAME OF THE COMPANY

…………………………….

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

No……/KH-CT

At…….,…../…../………

PLAN ON OCCUPATIONAL SAFETY AND HYGIENE

FOR THE YEAR OF ……………….

Pursuant to Labour Code 2019 and the Law on Occupational Safety and Hygiene 2015, Company …………… “Company” makes a plan on implementation of occupational safety and hygiene to ensure occupational safety and hygiene for the employees working in the Company with the following contents:

I. Technical measures for occupational safety and fire safety

1. Periodically inspecting fire prevention and fighting activities “FBFA” and fire prevention and fighting equipment in accordance with implementation and storing the full records each month – (Stating specific departments and divisions which are responsible for implementation).

2. Periodically conducting fire drills [03] times/year, including one practice which shall be guided and supervised by Public Security of fire prevention and fighting – (Stating specific departments and divisions which are responsible for implementation),

3. Periodically organizing the internal fire prevention and fighting practices – (Stating specific departments and divisions which are responsible for implementation),

4. Inspecting, replacing emergency lights, the old, blurred emergency signs, and redrawing emergency arrows, fire extinguisher arrows, blurred divided yellow bars – (Stating specific departments and divisions which are responsible for implementation).

5. Inspecting, loading fire extinguishers and maintaining fire prevention and fighting equipment after using or periodically once every [03] months – (Stating specific departments and divisions which are responsible for implementation).

6. Periodically inspecting, maintaining automatic fire alarm as the smoke detector, alarm system once every [06] months

- (Stating specific departments and divisions which are responsible for implementation).

7. Organizing fire prevention and fighting training and issuance of certificates which is annually implemented by the local Public Security of fire prevention and fighting – (Stating specific departments and divisions which are responsible for implementation).

8. …………… (Other measures, if any).

II. Technical measures for occupational hygiene harmful factors and improvement of working condition

1. Weekly inspection of safety, hygiene and the working environment at the Company – (Stating specific departments and divisions which are responsible for implementation).

2. Making reports on investigation of occupational accidents (if any) and notifying occupational accidents to the competent State agency – (Stating specific departments and divisions which are responsible for implementation).

3. Contacting functional agencies for making reports on results of environment monitoring and the report on management of hazardous waste, in case of such reports shall be sent to the competent State agencies in accordance with the law

- (Stating specific departments and divisions which are responsible for implementation).

4. Monitoring plan and periodically inspecting machinery and equipment having strict requirements pertaining to occupational safety and hygiene (if applied) – (Stating specific departments and divisions which are responsible for implementation).

5. Contacting functional agencies for implementation of the annual monitoring working environment in accordance with the law on occupational safety and hygiene – (Stating specific departments and divisions which are responsible for implementation).

6. Inspecting, self-assessing occupational safety and conducting remedial measures – (Stating specific departments and divisions which are responsible for implementation).

7. ………. (Other necessary measures, if any).

III. Equipping and providing personal protection equipment for the employees

Ensuring the labour protection equipment for the employees are adequate, the correct type is used and there are available reserves in accordance with the labour law – (Stating specific departments and divisions which are responsible for implementation).

IV. Health care for the employees

1. Organizing periodic health checks-up for employees; for employees who perform heavy, hazardous or dangerous professions, or jobs that are extremely heavy, hazardous or dangerous, as well as health checks-up at least once every [06] months for disabled, minor and elderly employees – (Stating specific departments and divisions which are responsible for implementation).

2. Weekly periodical checking list, quantity, expiry date and supplement the first-aid box at the workplace for the employees – (Stating specific departments and divisions which are responsible for implementation).

3. Inspecting and renewing the annual medical service support agreement if it is expired – (Stating specific departments and divisions which are responsible for implementation),

4. Inspecting daily issues in relation to food safety and hygiene in the kitchen, the refectory and recording in the observation book signed by the representative of the refectory. If cases are discovered that show risks to the health of the employees, the division in charge shall immediately report to the Department (the occupational safety) to assess and take action in a timely fashion – (Stating specific departments and divisions which are responsible for implementation).

5. (Other activities, if any),

V. Propagating, educating and training employees in the occupational safety and hygiene

1- Ensuring 100% of new employees working at the Company are provided basic knowledge as stipulated in the Company’s internal regulations at its workplaces, factories, and in its policies about occupational safety and hygiene – (Stating specific departments and divisions which are responsible for implementation).

2. Organizing periodic trainings about occupational safety and hygiene for the employees in accordance with the law on occupational safety and hygiene – (Stating specific departments and divisions which are responsible for implementation),

3. Hiring an outside service provider with function of training in fire prevention and fighting for the fire prevention and fighting officers of the Company – (Stating specific departments and divisions which are responsible for implementation).

4. Organizing annual internal trainings about fire prevention and fighting for the employees – (Stating specific departments and divisions which are responsible for implementation).

5. Propagating the use personal protection equipment for occupational safety, hygiene safety and environmental protection at the workplace through various forms of media, including posters – (Stating specific departments and divisions which are responsible for implementation).

6. Contacting and hiring an outside service unit to open a first-aid training class at the workplace to handle incidents and emergency response at the workplace – (Stating specific departments and divisions which are responsible for implementation).

7. Monitoring and arranging for members of the safety and hygiene network, the employees operating machine equipment with strict requirements on occupational safety to participate in training to grant certificates and licenses, and to partake in train periodically in accordance with the duration of the certificates and the licenses – (Stating specific departments and divisions which are responsible for implementation).

8. ……….. (Other propaganda activities, if any).

The above is a detailed plan for implementation of occupational safety and hygiene at the workplace for the employees. The employees and relevant divisions of the Company are responsible for implementing the proposed plan and reporting the results to the authorized person in charge of the Company.

The time for implementation of the Plan starts from January, …….. to the end of December, ………………...

For and on behalf of the company

Trên đây là một số biểu mẫu được sưu tầm. Nếu còn vướng mắc, chưa rõ hoặc cần hỗ trợ pháp lý khác bạn vui lòng liên hệ bộ phận tư vấn pháp luật trực tuyến qua tổng đài điện thoại số: 1900.6162 để được giải đáp.
Rất mong nhận được sự hợp tác!
Trân trọng./.
Bộ phận tư vấn pháp luật Lao động - Công ty luật Minh Khuê Sưu tầm

>> Xem thêm:  Người lao động bị sa thải thì được nhận những trợ cấp gì?

Các câu hỏi thường gặp

Câu hỏi: Hình thức xử lý kỷ luật sa thải áp dụng khi nào?

Trả lời:

1. Người lao động có hành vi trộm cắp, tham ô, đánh bạc, cố ý gây thương tích, sử dụng ma túy tại nơi làm việc;
2. Người lao động có hành vi tiết lộ bí mật kinh doanh, bí mật công nghệ, xâm phạm quyền sở hữu trí tuệ của người sử dụng lao động, có hành vi gây thiệt hại nghiêm trọng hoặc đe dọa gây thiệt hại đặc biệt nghiêm trọng về tài sản, lợi ích của người sử dụng lao động hoặc quấy rối tình dục tại nơi làm việc được quy định trong nội quy lao động;
3. Người lao động bị xử lý kỷ luật kéo dài thời hạn nâng lương hoặc cách chức mà tái phạm trong thời gian chưa xóa kỷ luật. Tái phạm là trường hợp người lao động lặp lại hành vi vi phạm đã bị xử lý kỷ luật mà chưa được xóa kỷ luật theo quy định tại Điều 126 của Bộ luật này;
4. Người lao động tự ý bỏ việc 05 ngày cộng dồn trong thời hạn 30 ngày hoặc 20 ngày cộng dồn trong thời hạn 365 ngày tính từ ngày đầu tiên tự ý bỏ việc mà không có lý do chính đáng.

Câu hỏi: Ai phải tuân thủ pháp luật về an toàn, vệ sinh lao động?

Trả lời:

Người sử dụng lao động, người lao động và cơ quan, tổ chức, cá nhân có liên quan đến lao động, sản xuất, kinh doanh phải thực hiện quy định của pháp luật về an toàn, vệ sinh lao động.

Câu hỏi: Trách nhiệm bảo đảm an toàn, vệ sinh lao động tại nơi làm việc?

Trả lời:

1. Người sử dụng lao động có trách nhiệm thực hiện đầy đủ các giải pháp nhằm bảo đảm an toàn, vệ sinh lao động tại nơi làm việc.
2. Người lao động có trách nhiệm chấp hành quy định, nội quy, quy trình, yêu cầu về an toàn, vệ sinh lao động; tuân thủ pháp luật và nắm vững kiến thức, kỹ năng về các biện pháp bảo đảm an toàn, vệ sinh lao động tại nơi làm việc.