This is a provision stated in Decree No. 21/2024/ND-CP amending and supplementing a number of articles regulating labor management, wages and bonuses for employees working in single-member LLCs with 100% state capital, which has just been issued by the Government , effective from April 10.
Decree No. 21 stipulates that when building a salary scale and salary table for employees, the opinions of the organization representing employees at the workplace must be consulted.
Accordingly, in Article 4 on salary scales, payrolls, and salary allowances, the new decree stipulates that based on production organizations and labor organizations, companies build and issue salary scales, payrolls, and salary allowances as the basis for salary arrangement, salary payment, and implementation of regimes for employees according to the provisions of labor law.
The salary levels in the salary scale, salary table, and salary allowances are decided by the company, but must ensure that the salary fund calculated according to the salary levels in the salary scale, salary table, and salary allowances does not exceed the planned salary fund of employees according to the provisions of this Decree.
When building or amending and supplementing salary scales, salary tables and salary allowances, the company must consult with the organization representing employees at the facility, organize dialogues at the workplace according to regulations, report to the owner's representative agency for comments and make it public at the company before implementation.
Regarding salary arrangement for full-time managers and controllers, according to the new regulations, based on the management structure, the board of members or the company chairman will develop, issue salary tables and salary arrangements for full-time managers and controllers as a basis for implementing social insurance, health insurance, unemployment insurance and other regimes according to the provisions of labor law.
The salary levels in the payroll are decided by the board of members or the company chairman, but must ensure that the salary fund calculated according to the salary levels in the payroll does not exceed the planned salary fund of the specialized manager and controller according to regulations.
In addition, when building or amending and supplementing the salary table of the manager, controller, board of members or company president, it is necessary to consult with the organization representing employees at the facility, organize a dialogue at the workplace according to regulations, report to the owner's representative agency for approval and make it public at the company before implementation.
In case the company's board of supervisors has only 1 supervisor as prescribed in Article 103 of the Law on Enterprises, the supervisor shall receive salary, remuneration and bonus of the position of head of the board of supervisors.
The Government assigns the Ministry of Labor, War Invalids and Social Affairs to preside over and coordinate with relevant ministries to guide the implementation of the provisions of this Decree. The Ministry of Labor, War Invalids and Social Affairs shall guide the management of labor, wages, remuneration and bonuses according to the wage mechanism prescribed by the Government in Decree No. 51/2016/ND-CP, Decree No. 52/2016/ND-CP and this Decree in connection with labor productivity, operational efficiency and in accordance with the specific nature of these organizations.
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