How to set up a labor management book according to legal regulations

Many newly established businesses have the same question when they are newly established and recruiting employees. Does the company have to create a labor management book? Why is it necessary to create a book and how to create a book? Today, let’s find out with ADSMO why it is necessary to create a book and how to create a book.

WHAT IS A LABOR BOOK?

The labor book is a book used to record a summary of the employee’s personal history and information related to the labor relations process according to the provisions of law.

The labor book has been mentioned in law since 1960, mainly to manage workers and civil servants in the state payroll. Since 1987, labor books have been regulated to issue and manage contract labor.

Regarding procedures and order of labor recruitment:

According to Article 5 of Circular 23/2014/TT-BLDTBXH of the Ministry of Labor – Invalids and Social Affairs and Article 7 of Decree No. 03/2014/ND-CP, it is stipulated that:

• Employers (NSDLĐ) or employment service organizations or labor leasing enterprises must publicly announce the need to recruit labor at least 5 working days before the date of receiving registration documents.
• The content of the notice must clearly state:

– Occupation, job, professional qualifications, number of employees to be recruited.

– Type of contract expected to be signed.

– Expected salary.

– Working conditions for each job position.

• Public announcement must be made in one of the following forms:

– At the headquarters, branches, representative offices where the labor is recruited.

– Announcement on mass media.

When there are recruitment results, the labor recruiter, employment service organization, and enterprise must publicly announce the results.

For employees, the application documents to be prepared are:

• Job application
• Copies of diplomas and certificates proving technical expertise; Foreign language and computer skills as required by the position
• Health certificate as required by the Ministry of Health
• Other necessary documents as prescribed by law.

Within 30 days from the date of recruitment, the employer must declare the use of labor to the Labor Department or the Department of Labor – Invalids and Social Affairs where the headquarters, branch, or representative office is located.

CONTENTS OF THE LABOR MANAGEMENT BOOK FOR PRIVATE ENTERPRISES

Article 7 of Circular No. 23/2014/TT-BLDTBXH guiding the implementation of a number of articles of Decree No. 03/2014/ND-CP detailing the implementation of a number of articles of the Labor Code on employment stipulates as follows on the management and use of the labor management book dynamic.

1. Within 30 days from the date of commencement of operation, the employer must establish a labor management book at the headquarters, branch, or representative office.
2. The employer has the right to choose the form of labor management book in paper or electronic form suitable to the management needs but must ensure the following basic contents about the employee:

a) Full name, gender, year of birth, nationality, address, ID card number (or passport);

b) Technical and professional qualifications;

c) Vocational skill level;

d) Job position;

dd) Type of labor contract;

e) Time of starting work;

g) Participation in social insurance, health insurance, unemployment insurance;

h) Salary;

i) Promotion, salary increase;

k) Number of days off in the year, reasons;

l) Number of overtime hours (on weekdays; weekly leave; annual leave; holidays and Tet holidays);

m) Enjoyment of social insurance and health insurance regimes;

n) Vocational training, training, fostering, improving professional skills;

o) Labor discipline, material responsibility;

p) Work accidents, occupational diseases;

q) Time of termination of labor contract and reasons.

3. Employers are responsible for recording and entering complete information about employees when the labor contract comes into effect and updating information when there are changes in the labor management book.

4. Employers are responsible for managing and using the labor management book for the right purpose and presenting it to the Department of Labor – Invalids and Social Affairs; Department of Labor – Invalids and Social Affairs where the headquarters, branches, and representative offices are located; Inspector of the Ministry of Labor – Invalids and Social Affairs and relevant state agencies request.

Thus, within 30 days from the date of commencement of operation, your company needs to establish a labor management book according to the above contents.