b) Responsibilities for implementation: Clause 3 Article 5 of Decree No. 38/2022/ND-CP regulates responsibilities of employers:

- Review clauses in employment contracts, collective employment agreements, regulations, rules ò employers in order to adjust accordingly; do not remove or reduce wage when employees work overtime, work at night, or perquisites, or other benefits according to employment laws.

- If details agreed upon or set forth under employment contracts, employment agreements, or other legal agreements are more beneficial to employees than this Decree is, continue to following said details unless otherwise agreed upon by the parties. According to the previously mentioned provision, wages for employees working or holding positions that require vocational training that are at least 7% higher than the minimum wage shall continued to be implemented unless otherwise agreed upon by the parties in accordance with employment laws.

1.2. Promote guidance and support for employees, grassroots trade unions, and employers in discussion, negotiations, especially collective negotiations regarding wages and other working conditions in order to guarantee better benefits for employees. Acknowledge labor relations in enterprises, promptly assist, guide, deal with difficulties, minimize labor disputes, strikes, and guarantee harmonious, stable, and progressing labor relations in enterprises. Promptly submit report on implementation of Decree No. 38/2022/ND-CP of local enterprises and difficulties in implementation to Ministry of Labor - War Invalids and Social Affairs for timely resolutions.

2. Request Confederations of Labor of provinces and central-affiliated cities, trade unions of sectors, trade unions of corporations affiliated to the Vietnam General Confederation of Labor to:

a) actively cooperate with labor authorities in implementing tasks under Point 1 hereof.

b) spread Decree No. 38/2022/ND-CP to employees and grassroots trade unions for adequate implementation; provide additional legal counseling for employees and officials of grassroots trade unions.

c) direct superior trade unions to promptly support grassroots trade unions and meet demands of employees; review standards and working conditions in order to promptly propose, discuss, and negotiate in order to establish agreements regarding wages and other working conditions that are more beneficial to employees than those regulated by the laws. Promptly instruct and assist employees, grassroots trade unions to deal with difficulties that arise in labor relations at enterprises.

For concerns and coordination of Chairpersons of People’s Committees of province and central-affiliated cities, Confederations of Labor of provinces and central-affiliated cities, trade unions of sectors, trade unions of corporations affiliated to Vietnam General Confederation of Labor./.

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ON BEHALF OF PRESIDENT
VIETNAM GENERAL CONFEDERATION OF LABOR
VICE PRESIDENT




Ngo Duy Hieu

PP. MINISTER
MINISTRY OF LABOR - WAR INVALIDS AND SOCIAL AFFAIRS
DEPUTY MINISTER




Le Van Thanh