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Enterprises must amend and re-register the Labor Code from 2021

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Updated: September 07, 11

From January 1, 2021, the 2019 Labor Code officially takes effect and businesses need to amend their Labor Regulations to comply with the innovations of this Code.

1. Adding 03 new contents in the Labor Code

In addition to some previously regulated contents such as: Working time, rest time; Order at work; Occupational safety and sanitation ... In Clause 2, Article 118 of the Labor Code 2019, the Labor Code is also required to have the following additional contents:
“- Preventing and combating sexual harassment at the workplace; the order and procedures for handling sexual harassment at the workplace;
- In case of temporarily transferring the employee to work other than the labor contract;
- The person with competence to handle labor discipline.

2. Adding a National Day holiday

In the content of rest hours of the Labor Regulations, specifically on holidays and Tet, enterprises must amend the number of days off for the National Day holiday on September 2 from 01 day to 02 days according to the provisions of Point d, Clause 1, Article 112 of the 2019 Labor Code.

3. Modify the content about overtime

In the content of working hours of the Labor Regulations, enterprises need to amend the regulation on overtime hours not exceeding 40 hours in 01 month (previously only not exceeding 30 hours in 01 month) according to the provisions of Point b, Clause 2, Article 107 of the 2019 Labor Code.

4. Edit the content on separate leave to enjoy full salary

Also in the content of rest hours of the labor regulations, it is necessary to add 01 case where the employee is entitled to 03 days off with full pay according to Clause 1, Article 115: The employee's adoptive father or mother or the employee's spouse dies.

5. Additional cases of layoffs

In addition to the cases that have been previously regulated such as: theft, embezzlement, gambling, unauthorized leave of absence for 05 days or more..., the content of labor discipline handling of the Labor Regulations needs to add 01 more case of employees being fired: sexual harassment at the workplace.

The Labor Code 2019 stipulates: The employer must issue the labor regulations, if 10 or more employees are employed, the labor regulations must be in writing.
The labor regulations must be notified to the employee and the main contents must be posted in necessary places at the workplace.

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Enterprises must amend and re-register the Labor Code from 2021
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