Disadvantaged drivers
Mr. Le Van Tung (KQH Bau Va, Thuy Xuan, Hue City), a truck driver who often transports goods of over 20 tons from Hue to Ho Chi Minh City and vice versa, still does not know that he is doing hard and dangerous work. Currently, Mr. Tung only receives a salary from the truck owner in Hue City at 2.6 million VND/trip (from 5-7 days), and does not receive any additional allowances for workers doing hard work according to regulations.
Meanwhile, according to Point b, Clause 2.6, Article 6 of Decision 595/QD-BHXH dated April 14, 2017 of Vietnam Social Security (VSS) promulgating the procedure for collecting social insurance, health insurance, unemployment insurance, occupational accident and disease insurance; managing social insurance books, health insurance cards, employees doing jobs with arduous, toxic and dangerous working conditions must be at least 5% higher than the salary of the corresponding job working in normal working conditions.
Not only Mr. Tung but also many other drivers of heavy goods (load capacity of 20-30 tons) that we have learned have not been given hazardous and dangerous benefits by transport companies or employers. The fact that businesses or companies do not pay salaries according to Decision 595/QD-BHXH for drivers of heavy goods of 20 tons or more makes them disadvantaged in terms of increased income and social insurance contributions.
Mr. Le Van Q. has been driving a 50-seat bus on a fixed inter-provincial route for a passenger transport company in Hue for over 3 years now. Every month, Mr. Q. receives a monthly salary according to the agreement and benefits such as health insurance and social insurance. In addition, he does not see any allowances for heavy work or danger. Many times, Mr. Q. and his colleagues have suggested that the unit's leaders consider the fact that they are doing heavy work, but they have not been paid attention to.
According to Circular 11/2020/TT-BLDTBXH dated November 12, 2020 of the Ministry of Labor, War Invalids and Social Affairs promulgating the list of arduous, toxic, dangerous occupations and jobs and especially arduous, toxic, dangerous occupations and jobs, there are more than 1,800 occupations and jobs/31 fields listed as arduous, toxic, dangerous and especially arduous, toxic, dangerous occupations and jobs. In the transportation sector alone, there are 100 occupations and jobs; including driving trucks from 7 tons to under 20 tons, driving passenger cars from 40 to under 80 seats...
The above truck drivers are entitled to allowances and salaries that must be 5% higher than those of other drivers who do not do heavy or hazardous work.
Loss on both sides
According to the 2008 Road Traffic Law, the working hours of car drivers must not exceed 10 hours/day and must not drive continuously for more than 4 hours. However, drivers said that although the law stipulates this, in reality they work much longer, especially for long-distance drivers and freight transport services, but the employer has not calculated additional working hours.
According to Article 107 of the 2019 Labor Code, overtime is the working time outside of normal working hours (ie not more than 8 hours in 1 day and not more than 48 hours in 1 week) as prescribed by law, collective labor agreement or labor regulations.
Therefore, for drivers working under the conditions stipulated in Circular 11/2020/TT-BLDTBXH, of course they are entitled to additional overtime benefits according to Article 98 of the 2019 Labor Code. However, in cases where employers ignore it, very few drivers request employers to pay additional overtime benefits according to regulations.
As a result, the driver will be fined from 3-5 million VND according to the provisions of Point d, Clause 6, Article 23 of Decree 100/2019/ND-CP dated December 30, 2019 of the Government on administrative sanctions for violations in the field of road and railway traffic for driving a car beyond the time limit prescribed in Clause 1, Article 65 of the 2008 Road Traffic Law.
Vehicle owners will be fined from 4-6 million VND for individuals and from 8-12 million VND for organizations when handing over vehicles or allowing employees or drivers to commit violations specified in Point d, Clause 6, Article 23 of Decree 100/2019/ND-CP.
In addition, drivers doing heavy, toxic, and dangerous work are also entitled to 14 working days off per year (2 days more than those working in normal conditions) and retire at a lower age, but not more than 5 years older than the retirement age of employees in normal working conditions; regular health check-ups...
The above regulations are the legal and legitimate rights that drivers enjoy according to the law. If the employer does not comply, drivers will not only suffer immediate losses but also in the long term, when determining retirement age, occupational health assessment, social insurance contribution level, etc.
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