The process of registering labor regulations for FDI enterprises

Registering labor regulations for FDI enterprises is an important step to ensure compliance with Vietnamese labor laws while creating a professional and transparent working environment. This process helps businesses build a solid foundation in human resource management, minimize the risk of labor disputes, and protect the rights of both employees and employers. In the article below, Long Phan will guide the process of registering labor regulations for FDI enterprises. Please refer!

What content do the labor regulations of FDI enterprises include?

Labor regulations are documents that stipulate general rules and standards regarding labor relations in an enterprise. For FDI enterprises, labor regulations need to comply with the provisions of Article 118 of the Labor Code 2019 and Article 69 of Decree 145/2020/ND-CP, including the following main contents:

• Working hours, rest times: Specific regulations on working hours, rest times, holidays, vacations, sick leave… of employees.
• Order at work: Including regulations on security and order, labor hygiene, labor safety, fire prevention and fighting, protection of business assets, and behavioral culture between employees and employers.
• Occupational safety and hygiene: Regulations on the responsibilities of employees and employers in ensuring occupational safety and hygiene, preventing labor accidents and occupational diseases.
• Prevention and combat of sexual harassment: Regulations on measures to prevent and handle sexual harassment in the workplace.
• Protection of assets and business secrets: Regulations on the responsibilities of employees in protecting assets, business secrets, and technological secrets of the enterprise.
• Cases of temporary transfer of employees to other jobs: Regulations on cases where employers are allowed to temporarily transfer employees to jobs other than the labor contract.
• Violations of labor discipline and forms of handling: List acts of violation of labor discipline and corresponding forms of disciplinary action.
• Physical liability: Regulations on the employee’s responsibility to compensate for physical damage in case of damage to the enterprise’s assets.
• Person with authority to handle labor discipline: Clearly identify the person with authority to handle labor discipline in the enterprise.

The content of labor regulations must ensure compliance with the law and must not contravene the provisions of the Labor Code and relevant legal documents. Regarding the content of labor regulations and specific and detailed requirements, businesses can refer to Clause 2, Article 69 of Decree 145/2020/ND-CP guiding the implementation of the Labor Code 2019.

At what agency do FDI enterprises register their labor regulations?

According to Clause 1, Article 119 of the Labor Code 2019, FDI enterprises employing 10 or more employees must register their labor regulations with the specialized labor agency under the People’s Committee of the province where the enterprise registers its business.

Specifically, FDI enterprises need to submit an application to register labor regulations at the Department of Labor, War Invalids and Social Affairs where the enterprise is headquartered.

In some cases, the Department of Labor, War Invalids and Social Affairs may authorize the district-level Department of Labor, War Invalids and Social Affairs to register labor regulations.

Dossier to register labor regulations for FDI enterprises

Article 120 of the Labor Code 2019 clearly stipulates the application for registration of labor regulations, including the following documents:

• Written request for registration of labor regulations: This document is signed by the legal representative of the FDI enterprise, clearly stating the request for registration of labor regulations.
• Original labor regulations: Labor regulations must be drafted in writing, fully signed by the legal representative of the enterprise.
• Written comments from the grassroots employee representative organization for the place where there is a grassroots employee representative organization (if any): If the FDI enterprise has a trade union or employee representative organization, There is a need for written comments from this organization on labor regulations.
• The employer’s documents contain regulations related to labor discipline and material responsibilities (if any): For example, reward regulations, disciplinary regulations, financial regulations…

FDI enterprises need to prepare complete documents according to regulations to ensure the registration of labor regulations is carried out quickly and smoothly.

Procedures for registering labor regulations for FDI enterprises

Procedures for registering labor regulations for FDI enterprises are carried out according to the following steps:

Step 1: Draft labor regulations.

• FDI enterprises need to draft written labor regulations, ensuring the content complies with the law and is consistent with the specific operations of the enterprise.
• Consult with the employee representative organization at the facility (if any) before issuing labor regulations.

Step 2: Prepare registration documents Full labor regulations as prescribed in Article 120 of the Labor Code 2019.

Step 3: Submit registration application.

• Within 10 days from the date of promulgation of labor regulations, FDI enterprises must submit labor regulations registration documents to the Department of Labor, War Invalids and Social Affairs where the enterprise registered its business.
• Businesses can submit applications directly at the application receiving department of the Department of Labor, War Invalids and Social Affairs or submit applications online through the National Public Service Portal.

Step 4: Department of Labor, War Invalids and Social Affairs receives and processes the application.

• Within 07 working days from the date of receiving valid documents, the Department of Labor, War Invalids and Social Affairs will review the content of labor regulations.
• If the content of the labor regulations is contrary to the law, the Department of Labor, War Invalids and Social Affairs will notify and guide the enterprise to amend, supplement and re-register.
• According to Article 121 of the Labor Code 2019, labor regulations take effect 15 days after the Department of Labor, War Invalids and Social Affairs receives a complete and valid registration dossier.

Note:

• FDI enterprises with branches, representative offices, and production and business establishments located in different localities must send registered labor regulations to the Department of Labor, War Invalids and Social Affairs where the branches, representative offices, and production and business establishments are located.

Service of drafting and registering labor regulations for FDI enterprises in Long Phan

Long Phan provides a comprehensive service of drafting and registering labor regulations for FDI enterprises, helping customers complete procedures quickly, accurately and effectively.

Our services include:

• In-depth consultation on labor regulations and relevant regulations.
• Draft labor regulations in accordance with the provisions of law and the specific operations of FDI enterprises.
• Enterprise representatives consult with the employee representative organization at the facility (if any).
• Prepare complete and accurate labor regulations registration documents.
• Submit an application to register labor regulations at the Department of Labor, War Invalids and Social Affairs.
• Monitor application processing progress and notify the business of results.

Registering labor regulations for FDI enterprises is an important procedure for this type of enterprise. For advice and support in drafting and registering labor regulations, please contact Long Phan via the hotline 0906735386.