Decree No. 145/2020/ND-CP Guiding Certain Issues Related to Labor Relations

DECREE NO. 145/2020/ND-CP

From January 1, 2021, the 2019 Labor Code officially came into force and was applied. In order for individuals, enterprises, organizations, and management authorities to implement and apply the law, the Government issued guiding decrees, including Decree No. 135/2020/ND-CP regulating retirement age.

Continuing this objective, on December 14, 2020, the Government issued Decree No. 145/2020/ND-CP detailing and guiding the implementation of several provisions of the Labor Code concerning working conditions and labor relations, clarifying many unclear issues in the Labor Code.

Decree No. 145/2020/ND-CP contains many notable regulations such as labor management, labor contracts, labor outsourcing, wages, working hours, rest periods, labor discipline, material liability, female employees and gender equality protection, domestic workers, and labor dispute settlement.

In Decree No. 145/2020/ND-CP, two particularly notable issues are the calculation of annual leave and healthcare provisions for female employees.

First: Calculation of Annual Leave

The calculation of annual leave days for employees who have not worked for a full 12 months, and those working in state agencies, organizations, and state-owned enterprises, is specified in more detail in Article 66 of Decree No. 145/2020/ND-CP.

Accordingly, the number of annual leave days for employees working less than 12 months is calculated as follows:

Number of leave days
= (Annual leave days : 12) × actual working months

Where:

– The number of annual leave days depends on working conditions as prescribed in Clause 1, Article 113 of the 2019 Labor Code.

– In case of working less than a full month: If the total number of working days and paid leave days accounts for at least 50% of the normal working days in the month, it shall be counted as one working month.

Second: Regulations on Healthcare for Female Employees

Decree No. 145/2020/ND-CP contains many provisions to protect female employees, including the following notable regulations:

Rest During Menstrual Period

Female employees during menstruation are entitled to a 30-minute break each working day during working hours and still receive full wages as stipulated in the labor contract.

If female employees do not wish to take the break and are approved by the employer to continue working, in addition to their regular wages, they shall be paid additional wages for the work performed during the break time, and this working time shall not be counted as overtime.

Caring for Children Under 12 Months of Age

Female employees raising children under 12 months of age are entitled to a 60-minute break each working day during working hours for breastfeeding, expressing and storing milk, or resting. This break time is still fully paid according to the labor contract.

If female employees do not wish to take the break and are approved by the employer to work, in addition to the wages paid for the break time as prescribed, they shall receive additional wages corresponding to the work performed during the break period.

Below Is the Detailed Content of Decree No. 145/2020/ND-CP

THE GOVERNMENT
No. 145/2020/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness

Hanoi, December 14, 2020

DECREE

Providing detailed regulations and guidance on the implementation of certain provisions of the Labor Code on working conditions and labor relations

(Based on the Law on Organization of the Government dated June 19, 2015; the amended Law dated November 22, 2019; the Labor Code dated November 20, 2019; the Investment Law dated June 17, 2020; the Enterprise Law dated June 17, 2020; at the proposal of the Minister of Labor, War Invalids and Social Affairs.)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations and guidance on implementing provisions of the Labor Code concerning working conditions and labor relations, including labor management, labor contracts, labor outsourcing, wages, working hours, rest periods, labor discipline, material liability, female employees, domestic workers, and labor dispute resolution.

Article 2. Subjects of Application

1. Employees, apprentices, and trainees as prescribed in Clause 1, Article 2 of the Labor Code.

2. Employers as prescribed in Clause 2, Article 2 of the Labor Code.

3. Other agencies, organizations, and individuals related to the implementation of this Decree.

Chapter II

LABOR MANAGEMENT

Article 3. Labor Management Book

The establishment, updating, management, and use of labor management books are regulated in detail, including employee personal information, professional qualifications, contracts, wages, insurance participation, working hours, training, labor discipline, occupational accidents, and termination of labor contracts.

Article 4. Labor Utilization Reporting

Employers are required to declare labor utilization and periodically report labor changes every six months and annually to the Department of Labor, War Invalids and Social Affairs via the National Public Service Portal, in accordance with the prescribed forms.

CONCLUSION

Thus, Decree No. 145/2020/ND-CP fully reflects the spirit of the 2019 Labor Code, addresses existing difficulties, and provides detailed guidance on implementing labor regulations related to working conditions and labor relations.