When you first entered the company without seeing the labor application, how would you do it? Should new declarations be made? See the following advice. For answers, follow the following article.
WHAT ARE THE LEGAL GROUNDS FOR ANSWERING THIS QUESTION?
Pursuant to Circular 23/2014/TT-BLDTBXH of the Ministry of Labor, War Invalids and Social Affairs.
Pursuant to the Government Decree No. 95/2013/ND-CP on handling of administrative violations in the field of labor in Vietnam and the employment of Vietnamese workers abroad.
Pursuant to Decree No. 88/2015/ND-CP on amendments to Decree No. 95/2013/ND-CP
WHAT IS THE ORDER OF LABOR DECLARATION?
Step 1: Representatives of enterprises going to carry out administrative procedures with agencies and organizations need to prepare valid dossiers in accordance with law (Enclosed with the introduction of the enterprise and its ID card)
- Copy of business registration certificate (01 copy)
- Employer's declaration. You can fill in the information and print it on A3 paper or contact your affiliated labor agency to buy a handwritten A3 printed form. (03 copies)
After preparing the complete dossier, the unit shall submit it to the District Department of Labor, War Invalids and Social Affairs. The person collecting the dossier to check the dossier fully and in accordance with the law will write the appointment form on the date of return of the result, on the appointment paper the officer clearly states the code of the unit. If it is not valid, guide the business representative to complete the supplement.
On the day of returning the results, you go to the Department of Labor and Social Invalids to receive the results: you receive 02 declarations of employers signed and closed the certification of the Department of Labor, War Invalids and Social Affairs that you submit.
Step 2: Enterprises continue to have to make the application for the System of Salary And Payroll with the Department of Labor, War Invalids and Social Affairs. The application consists of 2 sets with the following documents:
- Dispatch of enterprise's request
- The system of payroll scales and payrolls that enterprises have built
- Form of elaborating labor regulations and submitted to district-level agencies if the number of employees is 10 or more
- Form confirming that there is no eligibility to establish a trade union at the facility (if not yet eligible for establishment)
- Salary system of construction enterprises
- Detailing the standards and conditions applicable to each title in the salary scale and payroll submitted by the enterprise
After preparing the complete set of documents submitted by the enterprise at the Department of Labor, War Invalids and Social Affairs of the district, then the staff of the Department of Labor, War Invalids and Social Affairs of the district receives the dossier check dossier and write the appointment paper. In case the dossier is not in accordance with regulations and is not resolved, clearly state the error and return it. By the date of returning the results of the enterprise to receive the result is 01 set of payroll ladder system with the signed carpentry signature certification of the Department of Labor, War Invalids and Social Affairs of the district where you submit the application.
IN CASE OF NON-DECLARATION OF LABOR, HOW WILL BE HANDLED IN ACCORDANCE WITH THE LAW?
According to Clause 1, Article 25 of Decree No. 95/2013, the regulations on administrative sanctions in the field of labor and the transfer of Vietnamese workers abroad are prescribed as follows:
1. A caution or a fine of from VND 5,000,000 to VND 1 million is imposed on an employer who commits one of the following acts:
a) Not making and registering labor management books or salary books or not presenting them at the request of competent agencies for examination;
b) Failed to declare the employment within 30 days from the date of operation and periodically report the change in labor during its operation to the local state management agency in the locality where the business is located;
c) committing acts of violating regulations on order, procedures and dossiers of labor recruitment as prescribed by law.
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