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Circular 10/2020/TT-BLDTBXH guiding the contents of labor contracts and some contents in the Labor Code 2019

Category
  • GENERAL PROVISIONS
  • CONTENT OF LABOR CONTRACT
  • Collective Bargaining Council
  • LIST OF JOBS AND WORKS THAT HAVE A DIFFERENT EFFECT ON REPRODUCTIVE FUNCTION AND BRINGING OF CHILDREN
  • TERMS ENFORCEMENT

Updated at 11/10/2022 - 04:38 pm

Date issued:12/11/2020Effective date:01/01/2021
Document Type:CircularsStatus:Expires: August 01, 01
MINISTRY OF LABOR - TRADE AND SOCIETYSOCIAL REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
No: 10/2020/TT-BLDTBXHHanoi, date 12 month 11 year 2020

CIRCULARS

DETAILS AND INSTRUCTIONS FOR IMPLEMENTATION OF SOME ARTICLES OF THE LABOR CODE ON CONTENTS OF LABOR CONTRACT, COLLECTIONAL NEGOTIATION COUNCIL, AND IMPACTING WORKS AND WORKS

Pursuant to the Labor Code dated 20 of month 11 year 2019;

Pursuant to Decree No. 14/2017/ND-CP dated February 17, 02 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

At the request of the Director of the Department of Labor Relations and Wages, the Director of the Department of Labor Safety;

The Minister of Labor, War Invalids and Social Affairs promulgates a Circular detailing and guiding the implementation of a number of articles of the Labor Code regarding the contents of labor contracts, the Council for collective and occupational bargaining, work that adversely affects reproductive function and child rearing.

Chapter I

GENERAL PROVISIONS #

Article 1. Scope

This Circular details and guides the implementation of the following articles and clauses of the Labor Code:

1. Contents of the labor contract according to Clauses 1, 2 and 3 Article 21.

2. Functions, tasks and activities of the Collective Bargaining Council according to Clause 4, Article 73.

3. List of occupations and jobs that adversely affect reproductive function and child rearing according to Clause 1, Article 142.

Article 2. Subject of application

1. Employees and employers according to Clauses 1, 2 and 3, Article 2 of the Labor Code.

2. Other agencies, organizations and individuals directly related to the implementation of this Circular.

chapter II

CONTENT OF LABOR CONTRACT #

Article 3. Main contents of the labor contract

The essential contents of a labor contract according to Clause 1, Article 21 of the Labor Code are prescribed as follows:

1. Information about the name and address of the employer and the full name and title of the person entering into the labor contract on the employer's side is specified as follows:

a) Name of the employer: for enterprises, agencies, organizations, cooperatives, unions of cooperatives, the name of the enterprise, agency, organization, cooperative, union shall be taken. cooperatives stated in the certificate of business registration, cooperative, union of cooperatives or investment registration certificate or written approval of investment policy or decision on establishment of an agency or organization; for cooperative groups, the name of cooperative groups inscribed in the cooperation contract shall be taken; for households and individuals, the full name of the representative of the household or individual written in the citizen's identity card or people's identity card or issued passport;

b) Address of the employer: for enterprises, agencies, organizations, cooperatives and unions of cooperatives, the address stated in the certificate of enterprise or cooperative registration shall be taken. union of cooperatives or investment registration certificate or written approval of investment policy or decision on establishment of an agency or organization; for cooperative groups, the address in the cooperation contract shall be taken; for households and individuals, the address of the place of residence of such household or individual shall be taken; phone number, email address (if any);

c) Full name and title of the person entering into the labor contract on the employer's side: write the full name and title of the person competent to conclude the labor contract as prescribed in Clause 3, Article 18 of this Law. Labor Code.

2. Information about the full name, date of birth, gender, place of residence, number of the citizen's identity card or people's identity card or passport of the person entering into the labor contract on the employee's side and a number Other information, including:

a) Full name, date of birth, gender, residential address, phone number, email address (if any), citizen identification card number or people's identity card or passport issued by the competent authority. has the authority to grant the person entering into the labor contract on the employee's side as prescribed in Clause 4, Article 18 of the Labor Code;

b) Work permit number or document certifying that the worker is not eligible for a work permit issued by a competent authority for the employee being a foreigner;

c) Full name, residential address, number of citizen identification card or people's identity card or passport, phone number, email address (if any) of the person's legal representative 15 years old.

3. Work and working location are specified as follows:

a) Work: the work that the employee must perform;

b) Workplace of employees: location and scope of employees doing the work as agreed; In case the employee works regularly in many different locations, those locations shall be fully recorded.

4. Term of the labor contract: the time of performance of the labor contract (number of months or days), the beginning and the end of the performance of the labor contract (for a defined labor contract). duration); the time of starting the performance of the labor contract (for an indefinite term labor contract).

5. Salary according to job or title, form of salary payment, salary payment term, salary allowance and other additional amounts are prescribed as follows:

a) Salary according to the job or title: write the salary calculated according to the time of the job or title according to the salary scale, the salary table developed by the employer according to the provisions of Article 93 of the Labor Code; for employees who receive salary by product or package salary, write the salary calculated by time to determine the product unit price or package salary;

b) Salary allowance as agreed by the two parties as follows:

b1) Salary allowances to compensate for factors such as working conditions, job complexity, living conditions, and level of labor attraction that the salary agreed upon in the labor contract has not been taken into account. or incomplete calculation;

b2) Salary allowances associated with the employee's working process and performance results.

c) Other additional amounts as agreed upon by the two parties as follows:

c1) Additional amounts for which a specific amount can be determined together with the salary agreed upon in the labor contract and paid regularly in each pay period;

c2) Additional amounts for which the specific amount of money cannot be determined together with the salary level agreed in the labor contract, paid regularly or irregularly in each pay period associated with the working process and job performance results. workers' work.

For other regimes and benefits such as bonuses as prescribed in Article 104 of the Labor Code, initiative bonuses; Mid-shift meal; allowances for petrol, phone, travel, housing, child care, child rearing; support when employees have relatives died, employees have relatives getting married, employees' birthdays, allowances for employees in difficult circumstances when suffering from occupational accidents, occupational diseases and other allowances and allowances shall be recorded in a separate section in the labor contract.

d) The form of salary payment shall be determined by the two parties according to the provisions of Article 96 of the Labor Code;

dd) The salary payment term is determined by the two parties according to the provisions of Article 97 of the Labor Code.

6. Salary increase and promotion regime: according to the agreement of the two parties on conditions, time and salary level after the promotion or salary increase or comply with the collective labor agreement and regulations of the employer motion.

7. Working time, rest time: according to the agreement of the two parties or the agreement to comply with the internal labor regulations, the regulations of the employer, the collective labor agreement and the provisions of the law. .

8. Labor protection equipment for employees: types of personal protective equipment at work according to the agreement of the two parties or according to the collective labor agreement or regulations of the employer and regulations regulations on occupational safety and health.

9. Social insurance, health insurance and unemployment insurance: in accordance with the law on labor, social insurance, health insurance and unemployment insurance.

10. Training, fostering and improving vocational qualifications and skills: rights, obligations and interests of employers and employees in ensuring time and funding for training, retraining and upgrading high qualifications and professional skills.

Article 4. Protection of business and technology secrets

1. When an employee's work is directly related to a business secret or a technology secret as prescribed by law, the employer has the right to reach an agreement with the employee on the content of secret protection. business, technology secrets in labor contracts or in other documents as prescribed by law.

2. An agreement on protection of business and technology secrets may include the following principal contents:

a) List of business secrets and technology secrets;

b) Scope of use of business secrets or technology secrets;

c) Time limit for protection of business secrets or technology secrets;

d) Methods of protecting business secrets and technology secrets;

dd) Rights, obligations and responsibilities of employees and employers during the time limit for protecting business secrets and technology secrets;

e) Handling violations of agreements on protection of business secrets and technology secrets.

3. When detecting that the employee violates the agreement on protection of business and technology secrets, the employer has the right to demand compensation from the employee according to the agreement of the two parties. The order and procedures for compensation handling are as follows:

a) In case employees are found to have committed violations within the term of performance of the labor contract, they shall be handled according to the order and procedures for handling compensation for damage specified in Clause 2, Article 130 of the Labor Code. motion;

b) In case employees are found to have committed violations after terminating the labor contract, they shall be handled according to the provisions of civil law and other relevant laws.

4. For business and technological secrets on the list of state secrets, the provisions of the law on protection of state secrets shall be followed.

Article 5. Main contents of labor contracts in the fields of agriculture, forestry, fishery and salt production

1. Labor contract for employees working in the fields of agriculture, forestry, fishery and salt production, including the main contents of the labor contract according to Clause 1, Article 21 of the Labor Code and Article 3 of this Circular. For jobs of a simple nature, performed in a short time or seasonally, the two parties may reduce the content of the agreement on upgrading specified at Point e, Clause 1, Article 21 and training and retraining. , improve vocational qualifications and skills specified at Point k, Clause 1, Article 21 of the Labor Code.

2. For jobs and workplaces that are directly affected by natural disasters, fires, and weather, the two parties can agree in the labor contract on the contents of the mechanism to deal with the contract performance. labor contract in accordance with actual conditions and provisions of law.

Chapter III

Collective Bargaining Council #

Article 6. Establishment of the Collective Bargaining Council

1. When there is a need for collective bargaining with many enterprises participating through the Collective Bargaining Council, on the basis of consensus, the employer and employee representative organizations at the grassroots Enterprises participating in collective bargaining, many enterprises (hereinafter referred to as parties) shall appoint a representative to send a written request for establishment of a Collective Bargaining Council to the People's Committee of the province or city directly under the Central Government. (hereinafter referred to as the People's Committee of the province) where the head office of the enterprise is located or the place selected by the parties according to the provisions of Clause 1, Article 73 of the Labor Code.

2. A written request for establishment of a Collective Bargaining Council must contain the following principal information:

a) A tentative list of enterprises participating in the collective bargaining of many enterprises, clearly stating the name of the enterprise; headquarters; full name of the legal representative of the enterprise; full name of the representative of the employee representative organization at the grassroots level;

b) Full name, position or title of the person who is unanimously appointed by the parties to act as the Chairman of the Collective Bargaining Council, enclosed with the written consent of the person proposed to be the Chairman of the Collective Bargaining Council. If the person is not recommended in the document to act as the Chairman of the Council for Collective Bargaining, the President of the People's Committee of the province shall decide;

c) List of representative members of each party participating in the collective bargaining in the Collective Bargaining Council;

d) Expected content agreed by the parties on the content of the negotiation, operation time of the Collective Bargaining Council, collective bargaining plan, support activities of the Collective Bargaining Council (if applicable) Yes).

3. Within 20 working days from the date of receipt of a written request from representatives of the collective bargaining parties with more than one enterprise, the People's Committee of the province shall issue a decision on the establishment of the Trade Council. collective quantity. If the decision to establish a Collective Bargaining Council is not decided, a written reply clearly stating the reason must be given.

4. The Department of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the provincial-level Labor Confederation of Labour, the provincial-level employer's representative organization, and enterprises in requesting the establishment of a Negotiating Council. collectives and related organizations and enterprises to advise and submit to the Provincial People's Committee the plan to establish the Collective Bargaining Council. The content of the plan includes the following main contents:

a) The composition of the Collective Bargaining Council includes:

a1) Chairman of the Collective Bargaining Council;

a2) Representative of the People's Committee of the province;

a3) Representatives of the collective bargaining of the parties;

a4) Other parts (if any).

b) Functions and duties of the Collective Bargaining Council, the Chairman of the Collective Bargaining Council and other departments (if any).

c) Operation time of the Collective Bargaining Council.

d) Operation plan of the Collective Bargaining Council.

d) Operational expenses of the Collective Bargaining Council.

e) Draft decision on the establishment of the Collective Bargaining Council.

In case the Department of Labor, War Invalids and Social Affairs requests not to establish a Collective Bargaining Council, the reason shall be clearly stated.

5. In the course of operation, when it is necessary to change the Chairman of the Collective Bargaining Council, the representative of the Provincial People's Committee, the functions, tasks, plans and operation time of the Collective Bargaining Council. In order to be suitable with the actual situation, the incumbent Chairman of the Collective Bargaining Council shall request the People's Committee of the province to consider and decide.

Within 07 working days from the date of receipt of the request of the incumbent Chairman of the Collective Bargaining Council, the People's Committee of the province shall consider, amend and supplement the decision on establishment of the Collective Bargaining Council. . In case of not amending or supplementing, there must be a written reply clearly stating the reason.

Article 7. Functions of the Collective Bargaining Council

The Collective Bargaining Council has the function of organizing collective bargaining for representatives of the parties in accordance with the provisions of the Labor Code.

Article 8. Duties of the Collective Bargaining Council

1. Make a plan to conduct collective bargaining on the basis of the proposals of the parties and according to the decision to establish the Collective Bargaining Council.

2. Organize and coordinate meetings to negotiate on behalf of the parties.

3. Support and provide relevant information to representatives of the parties to negotiate.

4. Support the parties to collect opinions on the draft content of the multi-enterprise collective labor agreement as prescribed in Clauses 2 and 3, Article 76 of the Labor Code.

5. To organize the signing of collective labor agreements with many enterprises according to the provisions of Clause 4, Article 76 of the Labor Code.

6. To supervise the implementation of the collective bargaining agreement of many enterprises according to the decision on the establishment of the Collective Bargaining Council, ensuring it is suitable for the operation period of the Council.

7. Report the results of the Collective Bargaining Council's activities to the People's Committee of the province, and at the same time send it to the Department of Labor, War Invalids and Social Affairs.

8. Perform other tasks at the request of the parties and tasks under the decision to establish the Collective Bargaining Council.

Article 9. Activities of the Collective Bargaining Council

1. The collective bargaining council works through meetings.

2. The bargaining representative of the employer and the employee representative organization at the facility is responsible for conducting the negotiation according to Clauses 1 and 2, Article 72 of the Labor Code and decide on the results. negotiated through a meeting of the Council.

3. The Chairman of the Collective Bargaining Council is responsible for:

a) Organize and coordinate meetings of the Council to represent the parties to negotiate according to regulations;

b) Consider and decide to supplement or replace the representatives participating in the negotiation of each party; accept requests to join the Collective Bargaining Council of other enterprises after obtaining the consent of the representatives of the parties in the Collective Bargaining Council;

c) Decide to set up an assisting section of the Council and the Chairman of the Council to support the collective bargaining activities of the parties.

4. The representative of the People's Committee of the province is responsible for supporting and providing necessary information for the parties to negotiate.

5. The Collective Bargaining Council is self-dissolved upon the expiration of its operation period according to the decision on the establishment of the Collective Bargaining Council. If the parties agree otherwise, the Chairman of the Collective Bargaining Council shall request the People's Committee of the province to consider and decide.

6. Funding for the operation of the Collective Bargaining Council shall be contributed by the employer and the employee representative organization at the grassroots in the enterprises participating in the negotiation to agree on contributions and mobilization from lawful sources. otherwise prescribed by law.

Chapter IV

LIST OF JOBS AND WORKS THAT HAVE A DIFFERENT EFFECT ON REPRODUCTIVE FUNCTION AND BRINGING OF CHILDREN #

Article 10. List of occupations and jobs that adversely affect reproductive function and child rearing

The list of occupations and jobs that adversely affect reproductive and child rearing functions is promulgated in the Appendix to this Circular, including:

1. Occupations and jobs that adversely affect the reproductive function and child rearing of female employees;

2. Occupations and jobs that adversely affect the reproductive function of male workers.

Article 11. Responsibilities of employers and employees in performing the list of occupations and jobs that adversely affect reproductive function and child rearing

1. Employers are responsible for:

a) Make public announcements so that employees know about occupations and jobs that adversely affect reproductive function and child rearing that are available at the workplace (hereinafter referred to as occupations and jobs that have negative effects on child rearing function). adverse effects on reproductive function and child rearing);

b) Provide adequate information on harmful effects as well as measures to prevent and combat dangerous and harmful factors of occupations and jobs that adversely affect reproductive function and child rearing so that employees selection and decision to work; carry out pre-employment health check, periodical health check, occupational disease examination and ensure occupational safety and health conditions according to the provisions of law, when employing workers for professional occupations, work that adversely affects reproductive function and child rearing.

2. Employees are responsible for:

a) Learn carefully about occupations and jobs that adversely affect reproductive function and child rearing in order to consider and decide on entering into, amending, supplementing and performing labor contracts according to regulations;

b) Comply with legal regulations on occupational safety and health when doing occupations or jobs that adversely affect reproductive function and raising children according to labor contracts.

Chapter V

TERMS ENFORCEMENT #

Article 12. Enforcement

1. This Circular takes effect from August 01, 01.

2. From the effective date of this Circular, the following Circulars cease to be effective:

a) Circular No. 47/2015/TT-BLDTBXH dated November 16, 11 of the Minister of Labor, War Invalids and Social Affairs guiding the implementation of a number of articles on labor contracts, labor discipline and responsibilities material of Decree No. 2015/05/ND-CP dated January 2015, 12 of the Government detailing and guiding the implementation of a number of contents of the Labor Code;

b) Circular No. 26/2013/TT-BLDTBXH dated October 18, 10 of the Minister of Labor, War Invalids and Social Affairs promulgating the list of jobs not allowed to employ female employees.

3. The salary used as a basis for calculating severance allowance and job loss allowance is the average salary under the labor contract, including the salary level, salary allowance and other additional amounts specified at Point a, Item b1 point b and Item c1 point c Clause 5 Article 3 of this Circular for 06 consecutive months before the employee quits or loses his/her job.

In the course of implementation, if there are any problems, agencies, units and enterprises are requested to report to the Ministry of Labor, War Invalids and Social Affairs for timely supplementary guidance./.

 

 

Recipients:
- Prime Minister and Deputy Prime Ministers;
– Office of the Party Central Committee and Party Committees;
- Congress office,
- Office of the President;
- Goverment office;
- Ministries, Ministerial-level agencies, Government-attached agencies;
- Supreme People's Court;
- People's Procuratorate of the Supreme;
- State Audit;
- Central body of unions and associations;
– Department of Legal Documents Examination (Ministry of Justice);
- People's Councils, People's Committees, Departments of Labour, Invalids and Social Affairs of provinces and centrally run cities;
- Official Gazette, Government web portal;
– The web portal of the Ministry of Labour, Invalids and Social Affairs;
– Save: Document, Department of Labor Relations, Department of Labor Safety (30 copies).

MINISTER




Dao Ngoc Dung

 

APPENDIX

LIST OF JOBS AND WORKS THAT HAVE A DIFFERENT EFFECT ON REPRODUCTIVE FUNCTION AND BRINGING OF CHILDREN
(Cream according to Circular No. 10/2020/TT-BLDTBXH dated November 12, 11 of the Minister of Labor, War Invalids and Social Affairs)

Part I

Occupations and jobs that adversely affect the reproductive function and child rearing of female workers

Item 1

The occupations and jobs are generally applied to all female employees

Occupations and jobs that adversely affect the reproductive function and child rearing of female employees as prescribed in Clause 1, Article 142 of the Labor Code are as follows:

1. Directly smelting and pouring molten metal in furnaces:

1.1. Electric arc furnaces from 0,5 tons or more;

1.2. Rotary kiln (cast iron smelting);

1.3. Flat furnace (steelmaking);

1.4. High furnace.

2. Hot metal rolling (except non-ferrous metals).

3. Directly smelting non-ferrous metal ores (copper, lead, tin, mercury, zinc, silver).

4. Fire up the coking furnace.

5. Welding in a closed container, welding at a height of over 10m above the working floor.

6. Exploration drilling, blasting drilling.

7. Relying on rocks on the mountain.

8. Installation of drilling rig at sea.

9. Exploration drilling for oil and gas wells.

10. Working in regular shifts at offshore rigs (except for health-social services, accommodation services).

11. Maintenance and repair of power lines in underground sewers or on outdoor poles, high voltage lines, erection of high voltage poles.

12. Maintenance, erection and repair of high cross-river poles, antenna masts.

13. Working in a sink.

14. Direct alignment in the construction of large slabs or large structures by manual method.

15. Directly digging wells, constructing and completing wells by manual method.

16. Directly dig large tree stumps, cut down large trees, transport, shoot, load and unload large trees, manually sawing and sawing large trees with a diameter of more than 40 cm by manual methods; saw cutting, pruning branches at a height of over 5m by manual method.

17. Use hand-held air-powered machines with pressure of 4 or more at least (such as drills, hammers).

18. Driving heavy construction machines with a capacity of more than 36 horsepower such as excavators, bulldozers, crawler vehicles (except for machines with hydraulic support).

19. Painting, repair, construction, plastering, cleaning and decoration works on the exterior of high-rise buildings (from the 3rd floor or higher or at a height of more than 12m above the working floor) without lifting machines or cranes. or solid scaffolding.

20. Trawling and picking up sunken wood, pulling wood in bowls, slopes bringing wood to shore.

21. Rafting on a river with many rapids.

22. Exploiting bird's nests (except for the case of exploiting bird's nests in swiftlet raising houses); bat droppings mining.

23. Jobs on board a seagoing vessel (except for the work of serving restaurants, rooms, desks, receptionists on cruise ships).

24. The job of guarding the ship, looking after the ship in the lock, the slope.

25. Boiler operation (except for automatic operation, boiler operation uses oil and electricity as energy).

26. Train driving (except trains with highly automated operating modes, trains running in the inner city, tourist routes).

27. The work of building hulls (wooden ships, iron ships), must carry and place processed objects weighing 30 kg or more.

28. Surveying rivers in areas with high rapids and dangerous deep mountains.

29. Operation of dredgers; floating crane driver.

30. Driving cars with a tonnage of over 2,5 tons (except for cars with a tonnage of less than 10 tons with power steering).

31. The work must carry more than 50kg.

32. Operating sizing machines, dyeing machines of all kinds, drying machines, polishing machines, shrink prevention machines (except for machines with automatic operation mode).

33. Lamination of large, hard skin (except for machines with automatic operation mode).

34. Driving agricultural tractors with a capacity of 50 hp or more.

35. Dissection of corpses, burial and burial of the dead (except for electric burial), unloading of graves.

36. Pouring concrete under water; diver.

37. Dredging of underground sewers (except for automatic and mechanical dredging); The job requires frequent immersion in dirty water (from 04 hours in a day or more, more than 3 days in a week).

38. Digging furnaces; digging wells; works in the mines (except for social-medical services and ad-hoc works as required by management and administration, but must comply with current national technical regulations on safety and other relevant regulations). regulations on health standards for workers working in mines).

39. Operating a nuclear power plant research nuclear reactor.

40. Use of radioactive substances.

41. Producing and processing radioactive substances.

42. Storing radioactive substances and handling and storing radioactive wastes and used radioactive sources.

43. Using radiation equipment, operating irradiation equipment.

44. Packing and transporting radioactive substances, source nuclear materials, nuclear materials.

45. Exploration, extraction and processing of radioactive ores.

46. ​​Performing services to support the application of atomic energy which is likely to be directly exposed to ionizing radiation.

47. Direct contact with paint during the production of lacquer handicrafts and lacquer paintings.

48. Production, processing, direct metal contact in the process of making graphic paintings related to metal engraving.

49. Circus (adventurous, flexible, animal circus, base).

50. Water puppetry.

51. Ballet (ballet).

52. Directly inventory, preserve, repair and restore documents, books, newspapers, films, photos in the archives, technical rooms of the library.

53. Directly doing the work of serving the mobile library, rotating documents.

54. Inventory, preservation, technical handling, repair and restoration of museum artifacts.

55. Industrial cleaning of 500kVA substation.

Item 2

Occupations and jobs applicable to female employees while pregnant or raising children under 12 months of age

In addition to the 55 jobs specified in this Section 1, Part I, the following jobs will adversely affect the female employees' reproductive and child-rearing functions while they are pregnant or raising children under 12 months old:

1. Jobs in a working environment contaminated by electromagnetic fields that are outside the allowable limits according to national technical standards and regulations on occupational hygiene (such as work at radio frequency radio stations). - radio (radio), radio, television and radar stations (radar), telecommunications satellite stations).

2. Direct contact (including production, transportation, storage and use) with pesticides, herbicides, termites, rats, mosquitoes, insects and other chemicals. The following are potentially carcinogenic and carcinogenic:

2.1. 1,4-Butanediol, dimetansulphonate;

2.2. 2-Naphtylamine;

2.3. 2,3,7,8- Tetrachloro dibenzene furan;

2.4. 3- Alfaphenyl - betaacetyletyl;

2.5. 4- Amino, 10 - Methyl fluoric acid;

2.6. 4- Aminobiphenyl;

2.7. 5- Fluoro-uracil;

2.8. Amosite-type asbestos, crysotile-type asbestos, crosidolite-type asbestos;

2.9. Arsenic (or arsenic), calcium arsenate;

2.10. Acety salicylic acid;

2.11. Asparagin;

2.12. Benomyl;

2.13. Benzene;

2.14. Boric acid;

2.15. Insoluble chromate salts;

2.16. Caffeine;

2.17. Lead, lead acetate, lead nitrate (in contact with leaded chemicals such as gasoline, paint, printing ink; battery manufacture, lead solder);

2.18. Dimethyl sulfoxide;

2.19. Direct blue-1;

2.20. Dioxins;

2.21. Dietystilboestrol;

2.22. Dichloromethyl-ether;

2.23. Formamide;

2.24. Hydrocortisone, Hydrocortisone acetate;

2.25. Iodine (metal);

2.26. Potassium bromide, potassium iodide;

2.27. Aerosol vinazol;

2.28. Mercapto - purines;

2.29. N, N-di (Chloroethyl) 2- Naphtylamine;

2.30. Sodium arsenate, sodium arsenite, sodium iodide, sodium salicylate;

2.31. Coal tar, coal tar evaporator;

2.32. Nitrogen pentoxide;

2.33. Mercury, methylmercury compounds, methylmercury chloride;

2.34. Propylthiouracil (PTU);

2.35. Tetramethyl thiuram disulfide;

2.36. Trameinnolone axtonide;

2.37. Thorium dioxide;

2.38. Theosunfan;

2.39. Triton WR – 1339;

2.40. Trypan blue;

2.41. Ribavirin;

2.42. Valproic acid;

2.43. Vincristine sulfate;

2.44. Vinyl chloride, vinyl chloride;

2.45. Cyclophosphate.

2.46. sulfuric acid (H2SO4);

2.47. Arsenic and compounds of arsenic (As);

2.48. Arsin (AsH3);

2.49. Cadmium and compounds (Cd, CdO) ;

2.50. Chromium (water-soluble form) (Cr6+ );

2.51. Chromium oxide (CrO3);

2.52. Ethanol (CH3CH2OH);

2.53. Formaldehyde (HCHO);

2.54. Vinyl chloride (C2H3Cl).

3. Direct exposure to chemicals that adversely affect the fetus and breast milk, including:

3.1. 1,1- Dichloro – 2,2-di (4-chlorophenyl) ethane;

3.2. 1,3-Dimethyl – 2,6 dihydroxypurin;

3.3. 2- Sunfamilamidotazol;

3.4. 4,4 – DDE;

3.5. Andrin;

3.6. Antimony;

3.7. Betaquinine;

3.8. Compounds containing lithium;

3.9. Calferol;

3.10. Chloralhydrate;

3.11. Decachlorobiphenyl;

3.12. Potassium penicillin G;

3.13. Quinidine gluconate;

3.14. Strontium (Sr) peroxide;

3.15. Sunfadiazine, sulphatepiridin, sulphatemetazin Sodium, sulfanilamide, sulfamerazine, sulfisoxazol acetyl;

3.16. Cesium and cesium-containing salts (Ce);

3.17. Cyclosporin.

4. Works in contact with organic solvents such as: impregnating sleepers, spreading emulsions of photographic paper, printing flowers on thin films, printing labels on laminated paper, laminating phenol resins, operating phenol colloidal multi-capacitors .

5. Jobs in rubber production: raw materials, weighing, sieving chemicals working in latex furnaces.

6. Repairing furnaces, tanks, sealed steel pipes in chemical production.

7. Working in tobacco fermentation, pipe tobacco, cigarette drying oven.

8. Burn glass furnace, blow glass by mouth.

9. Leather impregnation, leather salt, raw hide loading and unloading.

10. Paraffin coating in wine tank.

11. Paint, weld, scrape rust in yeast cellars, in closed tanks.

12. Into the milk carton in the closed chamber.

13. Demolition of the mold.

14. Processing feathers in open conditions.

15. Clean boilers, gas pipes.

16. Crushing, agglomerating ores or doing work in dusty conditions containing 10% or more silicon dioxide.

17. Lead mining; rolling, drawing, stamping lead products, lead plating.

18. Rotate the filter press in the factory.

19. Operating explosives and generators of 10KVA or more.

20. Stand on wire-spinning machines and charge-injection machines.

21. Driving agricultural tractors (regardless of capacity).

22. Driving construction machines (regardless of capacity).

23. Driving cars with a tonnage of less than 2,5 tons (except for power-assisted drivers); driving electric vehicles and means of transport at the facility; drive the crane at the facility.

24. Vulcanizing, forming, loading and unloading large rubber products, including tanks, fuel tanks, car tires.

25. Carrying heavy loads over 20 kg.

26. Directly participating in activities of investigating, verifying and handling outbreaks in the field where cases are suspected or recorded.

27. Loading, drying, transporting rotten fish or working in livestock fishmeal production lines.

28. Shake and shovel mud in ponds for aquaculture and seafood.

29. Work directly in contact with dye chemicals in dyeing factories such as: storekeepers, chemical warehouse assistants; chemical preparation of dyes.

30. Close the cement bag with a semi-automatic 4 nozzle machine.

31. Installation and repair of VSAT stations (ground stations with small antennas) in remote, mountainous, border and island areas.

32. The job involves soaking in dirty water.

33. Working in an oxygen-deficient environment; in a factory where the air temperature is 40°C or higher in summer and 32°C or higher in winter.

34. Working in a working environment with vibrations higher than the allowable limit according to national technical standards and regulations on occupational hygiene; using machines and equipment with whole-body vibration and local vibration higher than the allowable limit according to national technical standards and regulations on occupational hygiene.

35. The job has a restrictive working posture, in a tight space sometimes you have to lie, crouch or stoop.

36. Delivering, receiving, storing, operating pumps and measuring gasoline and oil in tunnels; delivery and receipt of petrol and oil at sea.

37. Operating equipment for cooking and casting lead poles in battery production.

38. Operating equipment for yellow phosphorus production and packing.

Part II

Occupations and jobs that adversely affect the reproductive function of male workers

Occupations and jobs that adversely affect the reproductive function of male employees as prescribed in Clause 1, Article 142 of the Labor Code are as follows:

1. Direct contact with heavy metals such as cadmium (CD), lead (Pb), nickel (Ni), mercury (Hg) ...

2. Exposure to industrial chemicals such as Benzene (C6H6); Toluene (C7H8); Xylene (C6H10), pesticides, herbicides, organic solvents, coating materials.

3. Direct exposure to high-frequency ultrasonic waves such as radar (radar) waves…

4. Operating a nuclear power plant research nuclear reactor.

5. Use of radioactive substances.

6. Production and processing of radioactive substances.

7. Storage of radioactive substances and the treatment and storage of radioactive waste and used radioactive sources.

8. Using radiation equipment, operating irradiation equipment.

9. Packing and transporting radioactive substances, source nuclear materials, nuclear materials.

10. Exploration, extraction and processing of radioactive ores.

11. Carrying out support services for the application of atomic energy capable of being directly exposed to ionizing radiation./.

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Updated on 11/10/2022
Labor Code 2019 (Applicable from January 01, 01)Decree 145/2020/ND-CP detailing and guiding the implementation of a number of articles of the Labor Code on labor conditions and labor relations

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Category
  • GENERAL PROVISIONS
  • CONTENT OF LABOR CONTRACT
  • Collective Bargaining Council
  • LIST OF JOBS AND WORKS THAT HAVE A DIFFERENT EFFECT ON REPRODUCTIVE FUNCTION AND BRINGING OF CHILDREN
  • TERMS ENFORCEMENT

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