On November 16, 2015, the Ministry of Labor, War Invalids and Social issued the Circular No. 47/2015/TT-BLDTBXH guiding the labor contracts, labor disciplines and material responsibilities prescribed in the Decree No. 05/2015/ND-CP dated January 12, 2015 of the Government guiding the implementation of a number of the Labor Code’s contents.
In accordance with the regulations in this Circular, monthly wage shall be paid once or twice a month at the time of wage payment determined by the employer. On severance pay and redundancy pay, the salary as the basis for determination of severance pay or redundancy pay is the average salary specified in the labor contract of the 6 continuous months before the employee is laid off or with respect to each employee concluding multiple continuous labor contracts, his/her total working time under such labor contracts shall be considered to determine the severance pay or redundancy pay, upon the termination time of the last labor contract. If the last labor contract is terminated because the employee unilaterally and unlawfully terminates labor contract or the employee is be disciplined in the form of dismissal, the working time of the last labor contract shall not be included in the total working time as the basis for determination of severance pay. The salary as the basis for determination of severance pay or redundancy pay is the average salary determined before the termination time of the last labor contract.
Besides, the Circular also prescribes that the employer hiring less than 10 employees shall not be required to register the labor regulations; if the employee issues labor regulations in writing, its effect shall be specified in such written labor regulations; if the written labor regulations are not issued, the employer and the employee shall agree the contents of labor discipline and material responsibility that are included in the labor contract. Each employer may not handle violations against labor discipline committed by an employee raising children under 12 months of age when raising a natural child under 12 months of age; raising an adopted child as prescribed in law on marriage and families and raising a surrogacy child under 12 months of age by a surrogate mother.
This Circular takes effect on January 01, 2016.
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