Thông tư 17/2018/TT-BLĐTBXH về tự kiểm tra việc thực hiện pháp luật lao động của doanh nghiệp

CIRCULAR

Specifying self-examination of the implementation of labor law by enterprises

Pursuant to the Decree No. 14/2017/ND-CP dated February 17, 2017 of the Government on functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to Clause 4, Article 21 of the Decree No. 110/2017/ND-CP dated October 4, 2017 of the Government on the organization and operation of the Labor, Invalids and Social Affairs inspectorate;

At the request of the Chief of Ministerial Inspectorate;

The Minister of Labor, Invalids and Social Affairs issues the Circular guiding self-examination of the implementation of labor law by enterprises.

Chapter I

GENERAL REGULATIONS

Article 1. Scope of regulation

This Circular guides self-examination of the implementation of labor law, online report of results of self-examination of implementation of labor law; responsibilities of employers, representative organizations of the grassroots-level employee collectives and the state labor inspection agencies.

Article 2. Subjects of application

This Circular applies to employers, representative organizations of the grassroots-level employee collectives and the state labor inspection agencies.

Article 3. Interpretation of terms

1. Self-examination of the implementation of labor law (hereinafter referred to as self-examination) means self-collection, analysis and evaluation of the observance with labor law by the employers at the production and business place.

2. Website http://tukiemtraphapluatlaodong.gov.vn (hereinafter referred to as website) is an access address in the network environment to link, integrate, and post labor-related communication channels, documents, applications and services for employees and employers to exploit and use.

3. Online report of self-examination results means reporting the results of self-examination of implementation of labor law by the employers on the website.3r3

4. Account for online report of self-examination results means the account registered by an employer to log in to the website to report self-examination results, exploit and use information, documents, and applications in the field of labor.

5. Self-examination form means a form recording the results of self-examination of the implementation of labor law at the enterprises.

Chapter II

SPECIFIC REGULATIONS

Section 1

SELF-EXAMINATION AND ONLINE REPORT OF THE RESULTS OF SELF-EXAMINATION OF IMPLEMENTATION OF LABOR LAW

Article 4. Self-examination operation

1. The employers must organize self-examination of the observance with labor law at their establishments at least one (01) time per year to assess the level of observance with labor law and find solutions to enhance the observance.

2. The specific self-examination time is decided by the employers.

3. The self-examination period is from the first day of January of the previous year until the time of examination.

Article 5. Content of self-examination

1. The content of self-examination of implementation of labor law includes:

a) Implementation of periodic reports;

b) Labor recruitment and training;

c) Conclusion and implementation of labor contracts;

d) Dialogue, negotiation and signing of collective labor agreements;

dd) Working time and rest time;

e) Payment of salaries to employees;

g) Organization and implementation of occupational safety and health;

h) Implementation of regulations for female employees, elderly employees, minor employees, disabled employees, and foreign employees;

i) Development and registration of labor regulations; handling of labor discipline, compensation for material liability;

k) Participation and monthly payment of compulsory social insurance, unemployment insurance, and health insurance for employees subject to insurance participation;

l) Settlement of labor disputes and complaints;

m) Other contents that the employers consider necessary.

2. The specific self-examination content is designed into self-examination forms for each production and business field posted on the website. Based on the main production and business field, the employer selects one (01) or more self-examination forms as self-examination content.

Article 6. Procedure for self-examination

Based on the determined self-examination time and plan, the employer establishes a self-examination team and registers an account on the website to get the self-examination form as self-examination content.

The members of the self-examination team include: the employer’s representative acting as the team leader; team members including officers in charge of labor, salary, occupational safety and health; employee representatives and other relevant parties decided by the employer.

The self-examination team conducts comparisons with current labor law regulations corresponding to each self-examination content to analyze, compare and conclude whether the enterprise complies with labor law or not and provide remedies for non-compliant content (if any). The self-examination conclusion form is posted on the website and is regularly updated upon changes in labor law.

For contents that require a visit to the production, business place, or the employee’s workplace, the self-examination team will come to review, inspect, and find necessary solutions to immediately correct violations (if any).

The self-examination documents including self-examination forms, self-examination conclusions, and documents on establishing the enterprise's self-examination team and documents and records arising during the self-examination process must be kept in enterprise management records to serve as a basis for monitoring, analysis, and providing policies and solutions to improve compliance with labor law at enterprises.

Article 7. Report of self-examination results

1. The employer shall coordinate with the representative of the grassroots-level employee collectives to make online report of self-examination results upon written request from the state labor inspection agencies.

2. The employers, including branches and representative offices based in the locality, and local construction units must make online report of self-examination of implementation of labor law to the direct superior agency and to the Inspectorate of the provincial-level Department of Labor, Invalids and Social Affairs where the branch, representative office or construction unit is operating.

Section 2

OBLIGATIONS OF EMPLOYERS, RIGHTS OF THE REPRESENTATIVES OF GRASSROOTS-LEVEL LABOR COLLECTIVES AND RESPONSIBILITIES OF STATE LABOR INSPECTION AGENCIES

Article 8. Obligations of an employer

1. The employer must self-exam the implementation of labor law specified in this Circular. Upon request and guidance from the state labor inspection agency, the employer shall register an account and make online report of the results of self-examination of implementation of labor law on the website.

2. Be responsible before the law for the honesty and accuracy in online report of the results of self-examination of implementation of labor law; ensure timely reporting as required by state labor management agencies.

3. Coordinate with representative organizations of the grassroots-level employee collectives to implement recommendations and feedback from the state labor inspection agency according to the content of the online report of the results of self-examination of implementation of labor law; explain upon request of the competent agencies or individuals.

Article 9. Rights of a representative organization of the grassroots-level employee collective

Participate in the team in charge of self-examination of the implementation of the law at the enterprise and make the employer's online report of results of self-examination of implementation of labor law; supervise the employer's implementation of recommendations of the state labor inspection agency according to the content of the online report of results of self-examination of implementation of labor law.

Article 10. Responsibilities of the Inspectorate of the Ministry of Labor, Invalids and Social Affairs

1. Manage the website; annually research, complete and upgrade the website and update changes in labor law to meet usage requirements.

2. Decentralize management and guide the use of the website for the Inspectorates of Departments of Labor, Invalids and Social Affairs of centrally-affiliated cities and provinces.

3. Orient the subjects of the annual self-examination report in accordance with the work orientation of the Ministry of Labor, Invalids and Social Affairs.

4. Synthesize and report the results of self-examination of implementation of labor law nationwide online when requested by competent state management agencies.

5. Based on the results of self-examination, promptly advise the Minister to well implement state management of labor; propose a plan to inspect the observance with laws and a plan to enhance observance with labor law of the Ministry and orient localities on annual labor inspection.

Article 11. Responsibilities of the Inspectorates of provincial-level Departments of Labor, Invalids and Social Affairs

1. Instruct enterprises to register account for online report of self-examination results and make online report of self-examination results.

2. Analyze and evaluate online self-examination results and send recommendations to enterprises and propose inspection and examination plans to submit to the competent authorities for approval.

3. Submit to the competent authorities to issue unexpected inspection decisions when detecting signs of labor law violations through online report of self-examination results or non-compliance with online report of self-examination results.

4. Summarize the self-examination situation at labor establishments located in the area and send it to the Inspectorate of the Ministry of Labor, Invalids and Social Affairs, using the form specified in Appendix I issued with this Circular before October 15 every year.

5. Based on the results of self-examination, promptly advise Directors of the provincial-level Departments to well implement state management of labor in the locality; propose a plan to inspect observance with laws and an annual plan to enhance observance with labor law.

Chapter III

IMPLEMENTATION ORGANIZATION

Article 12. Resources and conditions for self-examination

1. The Minister of Labor, Invalids and Social Affairs is responsible for ensuring the conditions of resources and funding for the Inspectorate of the Ministry of Labor, Invalids and Social Affairs to perform the tasks prescribed in Article 10 of this Circular.

2. Directors of provincial-level Departments of Labor, Invalids and Social Affairs is responsible for ensuring the conditions of resources and funding for the Inspectorates of the provincial-level Departments of Labor, Invalids and Social Affairs to perform the tasks prescribed in Article 11 of this Circular.

3. The employers are responsible for ensuring the conditions of resources and funding to organize and carry out self-examination and reporting in accordance with this Circular.

Article 13. Handling measures for organizations and individuals with non-compliance with this Circular

The non-compliance of agencies, organizations, enterprises, and individuals with self-examination and reporting as prescribed in this Circular are the basis for state labor inspection agencies to conduct an unscheduled inspection or include it in the next year's inspection plan, and at the same time, act as an aggravation to decide the level of sanction for administrative violations, if serious consequences are caused, they will be examined for penal liability and handled in other forms according to the provisions of law.

Article 14. Commendation

1. The Minister of Labor, Invalids and Social Affairs considers awarding Diplomas of Merit to agencies, organizations, enterprises and individuals that well comply with labor law regulations at the request of the Chief of Inspectorate of the Ministry of Labor, Invalids and Social Affairs.

2. The Chief of Inspectorate of the Ministry of Labor, Invalids and Social Affairs shall consider awarding Certificates of Merit to agencies, organizations, enterprises and individuals that well comply with self-examination and reporting in accordance with this Circular.

Article 15. Effect

1. This Circular takes effect from January 1, 2019.

2. The Decision No. 02/2006/QD-BLDTBXH dated February 16, 2006 of the Minister of Labor, Invalids and Social Affairs promulgating regulations on the use of self-examination form for implementation of labor law shall cease to be effective from the date this Circular takes effect.

3. During the implementation process, if there are any problems, the units must report to the Ministry of Labor, Invalids and Social Affairs for summarization and handling./.

APPENDIX I

SUMMARY OF SELF-EXAMINATION OF IMPLEMENTATION OF LABOR LAW AT ENTERPRISES
(Attached to the Circular No. 17/2018/TT-BLDTBXH dated October 17, 2018 of the Minister of Labor, Invalids and Social Affairs)

Respectfully send to: Inspectorate of the Ministry of Labor, Invalids and Social Affairs

REPORT ON THE RESULTS OF SELF-EXAMINATION OF IMPLEMENTATION OF LABOR LAW OF ESTABLISHMENTS IN THE LOCALITY

Year ……………….