New regulations on actual wages paid to workers.

The Ministry of Labour, Invalids and Social Affairs has just issued Circular No. 47/2015/TT-BLDTBXH guiding the implementation of some provisions on labor contracts, labor discipline, and material liability of Decree No.Decree No. 05/2015/ND-CPof the Government providing detailed regulations and guidance on the implementation of certain provisions ofLabor Code.

Workers are installing steel cages for bored piles in a transportation project. (Illustrative image.)

Circular amending and repealing certain provisions in Circular No.23/2015/TT-BLDTBXHInstructions for implementing certain provisions on wages of Government Decree No. 05/2015/ND-CP are as follows: Daily wages are paid for one working day determined on the basis of monthly salary divided by the number of normal working days in the month as prescribed by law and chosen by the enterprise; but not exceeding 26 days.

Employees who receive a monthly salary are paid once a month or twice a month, and this payment is made at the time of payday.

The actual hourly wage for a normal workday is determined by dividing the actual wage for the work performed during the month in which the employee works overtime by the actual number of hours worked in that month (not exceeding 208 hours for jobs with normal working conditions and environment, and excluding overtime hours).

In cases where wages are paid daily or weekly, the actual hourly wage is determined by dividing the actual wage for that day or week (excluding overtime pay and night work pay) by the actual number of hours worked during the day or week (not exceeding 8 hours/day and excluding overtime hours).

Illustrative image.

The hourly wage mentioned above does not include overtime pay, night shift pay, holiday pay, pay for paid leave as stipulated in the Labor Code; bonuses as stipulated in Article 103 of the Labor Code, innovation bonuses; meal allowances; allowances for fuel, telephone, travel, housing, childcare, and raising young children; support for employees whose relatives die, whose relatives get married, or for the employee's birthday; allowances for employees facing difficult circumstances due to work accidents or occupational diseases; and other allowances and subsidies not related to the performance of work or job title in the labor contract.

Furthermore, labor contracts, collective labor agreements, labor regulations, rules, and other legally concluded and issued agreements that are more beneficial to employees than the provisions of this Circular shall continue to be implemented; for regulations and agreements that are inconsistent with the provisions of this Circular, the relevant parties shall review, amend, supplement, and carry out the procedures for issuance in accordance with the provisions of this Circular.

This Circular shall take effect from January 1, 2016.

According to chinhphu.vn