Thông tư 22/2008/TT-BLDTBXH

CIRCULAR

GUIDING THE IMPLEMENTATION OF MID-SHIFT MEAL REGIME IN THE STATE-OWNED COMPANIES

To implement the Decree No.199/2004/ND-CP dated December 03, 2004 of the Government promulgating the Regulation of finance management of the State owned companies and management of State capital invested in other enterprises, after collecting opinions of the Ministry of Finance in the Official Dispatch No.6526/BTC-TCDN dated June 06, 2008, the Vietnam General Federation of Labor in the Official Dispatch No.917/TLD dated May 30, 2008 and the Ministries, Branches, the Ministry of Labor, War Invalids and Social Affairs guides the implementation of mid-shift meal regime in the state-owned companies as follows:

I. SCOPE AND SUBJECTS OF APPLICATION:

1. Scope of application:

a) The State owned companies established, organized the management and operation under the Law on State owned Enterprise:

- State owned corporations;

- Independent State owned companies;

- Parent companies being State owned companies in the economic Group decided to establish by the Prime Minister or the Prime Minister approves the project of establishment and assigns the Minister, heads of Ministerial-level agencies, heads of the Governmental agencies, Presidents of the People’s Committees of provinces, cities directly under the central government to decide the establishment.

- Parent companies being State owned companies in the corporations or the companies operated under the model of parent-subsidiary company;

- The Corporations, independent cost-accounting member companies with 100% state owned to be of economic Groups in the time of not yet converted and re-registered as prescribed in Decree No.139/2007/ND-CP dated September 05, 2007 of the Government detailing guidelines for implementation of a number of Articles of Law on Enterprises ;

- The independent cost-accounting member companies with 100% state owned to be of the corporations decided to invest by the State.

b) Organizations, units allowed operating production and business and services belonging to the administrative agencies, business units, Party, unions, mass associations of self-financing.

The above mentioned companies, organizations, units collectively called as the companies.

2. Subject of application:

a) Employees working under labor contract regime stipulated in the Decree No.44/2003/ND-CP dated May 9, 2003 of the Government detailing and guiding the implementation of a number of Articles of the Labor Code on labor contract in the companies;

b) The Board of Management’s members, members of the inspection Committee, members of the members’ Council (or the company’s President), inspectors, members of the Management Council, General Director, Director, Deputy General Director, Deputy Director and chief Accountant:

c) Those who are the main responsible officials of the Party, Associations working in the companies.

The above mentioned subjects collectively called as employees.

Separately, for the employees working in certain branches and occupations in the State owned companies applying the quantitative meal regime and sea travel allowance prescribed in clause 1 and clause 4 Article 1 of the Decision No.234/2005/QD-TTg dated September 26, 2005 on the characteristics regime for workers, employees, officers working in some branches, business lines in the State enterprises, clause 1 and clause 3, Article 1 of the Decision No.72/2008/QD-TTg dated 30/5/2008 of the Prime Minister on amending and supplementing a number of Articles of the above Decision 234/2005/QD-TTg and the Joint Circular No.35/2005/TTLT- BLDTBXH-BTC dated December 16, 2005, the Joint Circular No.16/2008/TTLT-BLDTBXH-BTC dated August 15, 2008 of Ministry of Labor - Invalids and Social Affairs - Ministry of Finance guiding the implementation shall not apply the mid-shift meal regime as prescribed in this Circular.

II. MID-SHIFT MEAL

1. Pursuant to the diet to ensure the health of workers, living cost index and the affordability of the company, after consulting opinions of the grassroots trade union executive Board, company Director decide on food level for a mid-shift meal but the maximum money spent on the mid-shift meals calculated by working day in a month per person not exceeding 450,000VND/month.

2. When the food price index announced by the General Department of Statistics increases from15% or more compared with the latest adjustment, after consulting with the Ministry of Finance, the Vietnam General Confederation of Labor and a number of relative Ministries and Branches, the Ministry of Labor - War Invalids and Social Affairs guides the adjustment of the mid-shift meal’s food level to suit to the situation.

III. PRINCIPLE OF MID-SHIFT MEAL REGIME IMPLEMENTATION.

1. Following the actual working days, including extra working days (sufficient working hours by standard per day selected by the company but the maximum hours per day does not exceed 8 hours as stipulated in clause 1, Article 3, Chapter II of Decree No.195/CP December 31, 1994 of the Government detailing and guiding the implementation of a number of Articles of the Labor Code on working time, rest time);

2. Non-working days, including sick leave, maternity, on leave, leave without enjoying wages shall not have mid-shift meal regime and not be paid.

3. The insufficient- hour working days by standard (less than 50% of standard hours) shall not have mid-shift meal regime;

4. Apart from the above principles, the company may stipulate other additional rules, if deemed beneficiary to the improvement of the responsibility of each individual with production efficiency, the company's business.

5. For the business, manufacturing companies that meet difficulties unable to count mid-shift meal costs into company’s cost price or business expenses, the company must seek all possible measures to reduce other costs to have source for holding mid-shift meal. In cases the companies have found every measure to save other costs but still not enough sources, the company director shall exchange, agree with the grassroots trade union executive Committee to decide on not implementing temporarily the mid-shift meal regime as prescribed in this Circular.

IV. ORGANIZATION IMPLEMENTATION

1. Based on the prescribed mid-shift meal level, the company is responsible for holding mid-shift meals for laborers, not to provide money. In the special cases that are unable to hold mid-shift meals, then after consulting with the executive Committee of grassroots trade unions, companies provide money for laborers to prepare shift meals by themselves.

2. Cost for mid-shift meals are accounted into cost price or business expenses.

3. Based on the guidance of this Circular, the branch managing Ministries, the People's Committees of provinces and cities directly under the Central Government, the economic groups, corporations especially direct, inspect and supervise the implementation of mid-shift meal in the companies under their management competence to ensure the mid-shift meal effecting actively to promotion of increasing labor productivity, improving production efficiency, reducing cost and ensuring health for laborers.

4. For construction projects from State budget appointed contractors by the State, based on the characteristics and scale, the actual conditions of each project, after consulting with contractors, investor requests the Ministry of Labor - War Invalids and Social Affairs – the Ministry of Finance to solve the mid-shift meal level for the laborers to suit each project.

5. The one member limited liability company with 100% State-owned charter capital applies provisions in this Circular.

6. The state-owned companies have transformed the model of limited liability companies with two members or more and shareholding companies under the Enterprise Law and the company, enterprises to be of different economic sectors are applied the provisions in This Circular.

7. This Circular takes effect 15 days after its publication in the Official Gazette.

Annulling the Circular No.15/1999/TT-BLDTBXH dated June 22, 1999 of the Ministry of Labor, War Invalids and Social Affairs guides the mid-shift meal regime for workers, officials working in the State owned enterprises.

During the course of implementation, if any problems arise, the Ministries, Branch managing Ministries, the People's Committees of provinces and cities directly under the Central Government and the companies need to promptly reflect to the Ministry of Labor - Invalids and Social Affairs for consideration and settlement.