Guide to creating a labor law compliance checklist for businesses

Labor law compliance checking is an important process to ensure businesses follow labor safety principles. To do this, companies need a detailed audit trail and compliance reporting process for audit results. Check sheets, inspections and enforcement procedures will help determine compliance with labor laws. This article will guide you on creating a checklist for businesses to perform checks and ensure compliance with labor laws.

Significance of labor law compliance checking

Checking on labor law compliance is the process of evaluating the implementation of legal regulations in an enterprise. This process helps the company detect and correct violations, ensuring workers’ rights. Compliance testing also helps businesses avoid legal risks and build a healthy working environment.

According to the provisions of Clause 1, Article 3 of Circular 17/2018/TT-BLDTBXH, self-inspection of the implementation of labor laws (hereinafter referred to as self-inspection) is the activity of self-collecting, analyzing and evaluating the implementation of labor laws. Comply with the provisions of labor law of the employer at the place of production and business.

In Clause 1, Article 4 of Circular 17/2018/TT-BLDTBXH, employers must organize self-inspection of compliance with labor laws at their establishments at least one (01) time a year to evaluate level of compliance with labor laws and solutions to improve compliance.

Carrying out labor law compliance checks brings many benefits to businesses. First, it helps the company grasp the situation of implementing labor laws, thereby taking timely corrective measures. Second, compliance checks help businesses avoid administrative fines for violating labor laws. In addition, this also contributes to enhancing the reputation and brand of the enterprise in the labor market.

Content of checking on labor law compliance

According to the provisions of Article 5 of Circular 17/2018/TT-BLDTBXH, the content of self-inspection is regulated to include:

• Implementing periodic reports;
• Labor recruitment and training;
• The conclusion and implementation of labor contracts;
• Dialogue, negotiation and signing of collective labor agreements;
• Working and rest time;
• Paying salaries to employees;
• The organization and implementation of occupational safety and hygiene;
• Implementation of regulations for female workers, elderly workers, juvenile workers, disabled workers, and foreign workers;
• The development and registration of labor regulations; handling labor discipline, compensation for material liability;
• Participation and payment of compulsory social insurance, unemployment insurance, and monthly health insurance for employees subject to participation;
• Resolution of labor disputes and complaints;
• Other content that the employer finds necessary.

Specific self-inspection content is designed into self-inspection forms for each production and business field posted on the website. Based on the main production and business field, the employer selects one (01) or more self-test forms as self-check content.

Steps to create a checklist for labor law compliance

Establish a self-inspection team

Establishing a self-inspection team is the first step in the process of creating an inspection table for compliance with labor laws. Based on the determined time and self-inspection plan, the employer establishes a self-inspection team. Members of the self-inspection team include:

• The employer representative acts as the delegation leader;
• Union members are labor, salary, safety and hygiene officers;
• Representatives of employees and other relevant parties are decided by the employer.

Register an account

Registering an account is an important step in the process of creating a labor law compliance check sheet. Enterprises need to register an account on the authorities’ management system to perform self-inspection and report results. Registering an account helps businesses access tools and documents to support compliance testing.

In Clause 2, Article 3, Circular 17/2018/TT-BLDTBXH stipulates that the website http://tukiemtraphapluatlaodong.gov.vn (hereinafter referred to as the website) is the access address in the environment. network to link, integrate, and post information channels, documents, applications and services in the field of labor for employees and employers to exploit and use.

Perform the inspection

The self-inspection team conducts comparisons with current labor law regulations corresponding to each self-inspection content to analyze, compare and conclude whether the enterprise complies with labor laws or not and makes recommendations. remedies for non-compliant content (if any). The self-inspection conclusion form is posted on the website and is regularly updated when there are changes in labor law.

For contents that require a visit to the production, business, or employee workplace, the self-inspection team will come to review, inspect, and find necessary solutions to immediately correct violations (if any).

Summary of test results

Summarizing the results of inspection is the final step in the process of checking compliance with labor laws. The inspection team needs to analyze and evaluate the information collected during the inspection process. Inspection results need to be compiled into a detailed report, clearly stating points of compliance and non-compliance with labor laws.

Self-inspection records include self-inspection forms, self-inspection conclusions, documents establishing the enterprise’s self-inspection team and documents and records arising during the self-inspection process. All of these documents must be kept in enterprise management records to serve as a basis for monitoring, analyzing, and providing policies and solutions to improve compliance with labor laws at the enterprise.

Reporting self-inspection results is carried out according to the following principles:

• First, the employer coordinates with the representative of the labor collective at the facility to report online self-inspection results upon written request from the State Labor Inspection agency.
• Second, employers, including branches and representative offices headquartered in the locality, and local construction units must report self-inspection of labor laws online to the agency. Direct management superiors and the Inspectorate of the Department of Labor, War Invalids and Social Affairs where the representative office branch and construction unit are operating.

Contents specified in Articles 6 and 7 of Circular 17/2018/TT-BLDTBXH.

Labor consulting services for businesses

Labor consulting services are an effective solution to help businesses comply with labor laws. With a team of experienced lawyers, Long Phan can support businesses in checking and ensuring compliance with labor laws. Labor consulting services for businesses in Long Phan basically include the following activities:

• Provide information and solutions related to compliance with labor law regulations
• Conduct an assessment of the enterprise’s compliance with labor laws
• Support drafting labor contracts and related documents to ensure legality and compliance with current legal regulations.
• Help businesses develop and apply internal policies related to labor safety, welfare and human resource management.
• Monitor and update changes in labor laws so that businesses always maintain compliance.
• Assist in resolving labor disputes if any

Checking compliance with labor laws for businesses helps confirm the correct implementation of regulations on labor safety and employee rights. This process ensures that the company meets regulatory standards, minimizes legal risks and enhances compliance. To do this effectively, customers can refer to Long Phan’s labor consulting services.