Thông tư 29/2021/TT-BLĐTBXH Hướng dẫn phân loại lao động theo điều kiện lao động

On December 28, 2021, the Ministry of Labor, War Invalids and Social Affairs issued Circular 29/2021/TT-BLDTBXH on stipulating standards for labor classification according to working conditions.

Accordingly, the classification of labor according to working conditions is based on the results of the assessment and determination of working conditions according to the prescribed methods, specifically the following types of working conditions:

  • Occupations and jobs with working conditions classified into categories I, II, III are occupations and jobs that are not arduous, non-hazardous and not dangerous.
  • Occupations and jobs with working conditions classified as IV are heavy, hazardous and dangerous occupations and jobs.
  • Occupations and jobs with working conditions classified as V and VI are particularly arduous, hazardous and dangerous occupations and jobs.

MINISTRY OF LABOR – TRADEMARKS
AND SOCIAL
——-

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

No: 29/2021/TT-BLDTBXH

Hanoi, December 28, 2021

Circular 29/2021/TT-BLDTBXH

STANDARDS FOR CLASSIFICATION OF LABOR BY LABOR CONDITIONS

Pursuant to the June 25, 2015 Law on Occupational Safety and Hygiene;

Pursuant to Decree No. 14/2017/ND-CP dated February 17, 2017 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Labor – Invalids and Social Affairs;

At the proposal of the Director of the Department of Occupational Safety;

The Minister of Labor, War Invalids and Social Affairs promulgates a Circular on standards for classification of laborers according to working conditions.

Chapter I

GENERAL RULES

Article 1. Scope

This Circular prescribes standards for labor classification according to working conditions.

Article 2. Subjects of application

1. Employers and employees as prescribed in Article 2 of the Law on Occupational Safety and Health.

2. Organize the assessment and classification of labor according to working conditions.

3. Other organizations and individuals involved in the assessment and classification of labor according to working conditions.

chapter II

CLASSIFICATION OF LABOR BY LABOR CONDITIONS AND METHOD, PROCEDURES FOR DETERMINATION OF LABOR CONDITIONS

Article 3. Classification of labor according to working conditions

1. Type of working conditions

a) Extremely heavy, hazardous and dangerous occupations and jobs are occupations and jobs with working conditions classified as V, VI.

b) Heavy, hazardous and dangerous occupations and jobs are occupations and jobs with working conditions classified as IV.

c) Non-arduous, non-hazardous and non-dangerous occupations and jobs are occupations and jobs with working conditions classified as Class I, II, III.

2. Principles of labor classification according to working conditions

The classification of employees according to working conditions must be based on the results of assessment and determination of working conditions according to the method specified in this Circular.

Article 4. Purpose of using the method of classifying labor according to working conditions

The method of classifying labor according to working conditions promulgated together with this Circular is used for the following purposes:

1. Formulate, amend, supplement or remove from the List of arduous, hazardous and dangerous occupations and jobs and particularly heavy, hazardous and dangerous occupations and jobs (hereinafter referred to as the List for short). occupation category).

2. Classification of labor according to working conditions for arduous, hazardous and dangerous occupations and jobs and particularly arduous, hazardous and dangerous occupations and jobs under the responsibility of the employer to implement labor protection and health care regimes for employees as prescribed in Clause 3, Article 22 of the Law on Occupational Safety and Health.

Article 5. Organization of assessment of working conditions

The organization assessing working conditions must be an organization that fully meets the conditions for working environment monitoring activities in accordance with the provisions of the Law on Occupational Safety and Health.

Article 6. Methods and procedures for determining working conditions

Carry out the assessment and determination of working conditions according to the following process:

1. Determine the name of the profession or job to be assessed, and determine the working conditions.

2. Assessment of working conditions according to the criteria system on working conditions:

a) Step 1: Identify factors that have biological impacts on employees in the system of indicators on working conditions specified in Appendix I issued together with this Circular (hereinafter referred to as Appendix I for short). I).

b) Step 2: Select at least 06 (six) characteristic elements corresponding to each profession or job. These factors must ensure to fully reflect 3 groups of factors in the indicator system on working conditions specified in Appendix I.

c) Step 3: Select 01 (one) indicator for each characteristic element selected in Step 2 to conduct evaluation and score, on the basis of ensuring the following principles:

– The scale to assess the level of heavy, hazardous and dangerous of each factor is the 6-point scale (six) specified in Appendix I. The greater the level of arduous, hazardous and dangerous, the higher the score. .

– The employee’s contact time with elements is less than 50% of the working shift, the score will be reduced to 01 (one) point. For toxic chemicals, electromagnetic fields, vibration, noise, ionizing radiation, pressure changes, infectious disease-causing factors, the rating point will be lowered by 01 (one) point when the exposure time is less than 25% of the time. shift time.

– For factors that regulate the allowable exposure time, it will be lowered by 01 (one) point if the actual working contact time is less than 50% of the allowable exposure time.

– For factors that can use multiple criteria (from 02 or more) to evaluate, only 1 main criterion is selected for evaluation and scoring; other indicators can be evaluated for reference and additional data for the main indicator.

d) Step 4: Calculate the average score of the factors according to the formula:

bar{X}=frac{X_{1}+X_{2}+ldots+X_{n}}{n}

In there:

bar{X} The average score of the factors.

n: Number of factors assessed in Step 3 (n≥6)

XfirstX2,…Xn: Score of the first, second,…,nth element.

dd) Step 5: Summarize the results in the form according to the form specified in Appendix II issued with this Circular and determine the working conditions according to the average score of the factors ( bar{X}) as follows:

bar{X} ≤ 1.01: Class I working conditions;

– 1.01 ≤ 2.22: Class II working conditions;

– 2.22 ≤ 3.37: Class III working conditions;

– 3.37 ≤ 4.56: Class IV working conditions;

– 4.56 ≤ 5.32: Class V working conditions;

bar{X} > 5.32: Class VI working conditions.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 7. Responsibilities of the Department of Occupational Safety

1. Based on the proposal of the employer and line ministries, the Department of Occupational Safety and Health shall assume the prime responsibility for, and coordinate with relevant agencies under, line ministries and other agencies. , a research organization on occupational safety and health shall review and evaluate the list of occupations in order to propose the Minister of Labor, War Invalids and Social Affairs to consider and decide on the modification, supplementation or removal of from the List of occupations as prescribed in Article 22 of the Law on Occupational Safety and Health.

2. Carry out regular, periodical and irregular inspection, examination and supervision of the assessment of working conditions in accordance with the provisions of law.

Article 8. Responsibilities of the Department of Labor – Invalids and Social Affairs

1. Cooperate with relevant agencies in disseminating and guiding enterprises in the locality to implement this Circular.

2. Inspect, examine and report on assessment of working conditions in the locality in accordance with law.

Article 9. Amendment, supplementation or removal from the List of heavy, hazardous and dangerous occupations and jobs and particularly heavy, hazardous and dangerous occupations and jobs

1. The amendment, supplementation or removal from the List of occupations must ensure the following principles:

a) The review and assessment must be carried out for professions and jobs in specific branches or domains.

b) The process of selecting samples for review and evaluation must be carried out in accordance with each type and size of production, business and service establishments and representatives of the sampling region and region.

c) The results of review, assessment and classification of laborers according to working conditions used to propose amendments, supplements or removal from the List of occupations are the results of the review and assessment carried out within a period of time. period not exceeding 12 months until the proposed month.

2. Based on the results of labor classification according to the method prescribed in this Circular, in case it is necessary to amend, supplement or remove from the List of occupations, the employer shall send a written notice to the management ministry. Managers of relevant sectors and fields for consideration, synthesis and concurrently send them to the Ministry of Labor, War Invalids and Social Affairs.

Documents enclosed with the written proposal to amend, supplement or remove from the List of heavy, hazardous and dangerous occupations and jobs and particularly heavy, hazardous and dangerous occupations and jobs:

a) Summary of the current status of job titles and specific jobs of the industry and field and comparison with the List of occupations promulgated by the Minister of Labor, War Invalids and Social Affairs; reasons for proposed additions or amendments.

b) Data on measurement and evaluation of specific factors of working conditions for job titles and jobs requested for supplementation or modification, and a summary record of results according to the form specified in Appendix II to the Circular No. issued together with this Circular.

c) Summary table of proposed amendments and supplements to the classification of heavy, hazardous and dangerous occupations and jobs and particularly arduous, hazardous and dangerous occupations and jobs according to the form specified in Appendix III promulgated together with this Circular.

3. Ministries managing sectors or fields shall review heavy, hazardous and dangerous occupations and jobs and particularly heavy, hazardous and dangerous occupations and jobs within their respective sectors or domains; consider the opinions of the employer to propose amendments and supplements to the List of occupations suitable for socio-economic development, science and technology and management in each period, and send it to the Ministry of Labor – Invalids and Social.

Article 10. Responsibilities of employers and related agencies

1. Employers review, evaluate and classify workers for the first time, and when there is a change in technology, production organization process leading to a change in working conditions or when performing Currently assessing risks of occupational safety and health in accordance with the provisions of the Law on Occupational Safety and Health, but detecting new dangerous and harmful factors compared with the previous assessment but must ensure to review, evaluate and classify working conditions at least once within 05 years.

2. For occupations and jobs at the workplace on the List of occupations for which the employer has taken measures to eliminate and minimize the impact of heavy, hazardous and dangerous factors, the employer shall The employer shall organize the assessment and classification of labor and propose it to the Ministry of Labor – Invalids and Social Affairs for consideration and comments on the results of the assessment and classification of labor. In which, the documents specified in Clause 2, Article 9 of this Circular must be enclosed.

3. Organize the assessment and classification of labor according to the method of labor classification promulgated together with this Circular.

4. Employers and related agencies and organizations are responsible for fully implementing regimes for employees doing heavy, hazardous and dangerous occupations and jobs, and special occupations and jobs. heavy, hazardous and dangerous according to relevant laws.

5. For occupations and jobs that have been assessed and classified according to the provisions of Clause 2 of this Article but no longer have the characteristics and typical working conditions of the profession, heavy, hazardous or dangerous work. and dangerous and dangerous occupations and jobs, the employer is not required to implement regimes for employees doing heavy, hazardous and dangerous occupations and jobs especially heavy, hazardous and dangerous work, after consulting the Ministry of Labor, War Invalids and Social Affairs.

Article 11. Terms of Implementation

1. This Circular takes effect from April 15, 2022.

2. In the course of implementation, if any problems arise, they should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration and settlement./.

Recipients:

– Prime Minister, Deputy Prime Ministers;
– Congress office;
– Office of the President;
– Goverment office;
– Central Office and Party Committees;
– Supreme People’s Court;
– The Central Committee of the Vietnam Fatherland Front;
– Central body of Unions;
– People’s Councils and People’s Committees of provinces and centrally run cities;
– Departments of Labour, Invalids and Social Affairs of provinces and centrally run cities;
– Economic groups and special class corporations;
– Department of Examination of Legal Documents (Ministry of Justice);
– Announcement; Government e-commerce portal;
– Information Center (for posting);
– Save: VT, ATLD.

KT. MINISTER
DEPUTY




Le Van Thanh

……………..

Please download the document file to see more content of the Circular

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#Thông #tư #292021TTBLĐTBXH #Hướng #dẫn #phân #loại #lao #động #theo #điều #kiện #lao #động

On December 28, 2021, the Ministry of Labor, War Invalids and Social Affairs issued Circular 29/2021/TT-BLDTBXH on stipulating standards for labor classification according to working conditions.
Accordingly, the classification of labor according to working conditions is based on the results of the assessment and determination of working conditions according to the prescribed methods, specifically the following types of working conditions:
Occupations and jobs with working conditions classified into categories I, II, III are occupations and jobs that are not arduous, non-hazardous and not dangerous.
Occupations and jobs with working conditions classified as IV are heavy, hazardous and dangerous occupations and jobs.
Occupations and jobs with working conditions classified as V and VI are particularly arduous, hazardous and dangerous occupations and jobs.

MINISTRY OF LABOR – TRADEMARKSAND SOCIAL——-

SOCIALIST REPUBLIC OF VIETNAMIndependence – Freedom – Happiness —————

No: 29/2021/TT-BLDTBXH

Hanoi, December 28, 2021

Circular 29/2021/TT-BLDTBXH
STANDARDS FOR CLASSIFICATION OF LABOR BY LABOR CONDITIONS
Pursuant to the June 25, 2015 Law on Occupational Safety and Hygiene;
Pursuant to Decree No. 14/2017/ND-CP dated February 17, 2017 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Labor – Invalids and Social Affairs;
At the proposal of the Director of the Department of Occupational Safety;
The Minister of Labor, War Invalids and Social Affairs promulgates a Circular on standards for classification of laborers according to working conditions.
Chapter I
GENERAL RULES
Article 1. Scope
This Circular prescribes standards for labor classification according to working conditions.
Article 2. Subjects of application
1. Employers and employees as prescribed in Article 2 of the Law on Occupational Safety and Health.
2. Organize the assessment and classification of labor according to working conditions.
3. Other organizations and individuals involved in the assessment and classification of labor according to working conditions.
chapter II
CLASSIFICATION OF LABOR BY LABOR CONDITIONS AND METHOD, PROCEDURES FOR DETERMINATION OF LABOR CONDITIONS
Article 3. Classification of labor according to working conditions
1. Type of working conditions
a) Extremely heavy, hazardous and dangerous occupations and jobs are occupations and jobs with working conditions classified as V, VI.
b) Heavy, hazardous and dangerous occupations and jobs are occupations and jobs with working conditions classified as IV.
c) Non-arduous, non-hazardous and non-dangerous occupations and jobs are occupations and jobs with working conditions classified as Class I, II, III.
2. Principles of labor classification according to working conditions
The classification of employees according to working conditions must be based on the results of assessment and determination of working conditions according to the method specified in this Circular.
Article 4. Purpose of using the method of classifying labor according to working conditions
The method of classifying labor according to working conditions promulgated together with this Circular is used for the following purposes:
1. Formulate, amend, supplement or remove from the List of arduous, hazardous and dangerous occupations and jobs and particularly heavy, hazardous and dangerous occupations and jobs (hereinafter referred to as the List for short). occupation category).
2. Classification of labor according to working conditions for arduous, hazardous and dangerous occupations and jobs and particularly arduous, hazardous and dangerous occupations and jobs under the responsibility of the employer to implement labor protection and health care regimes for employees as prescribed in Clause 3, Article 22 of the Law on Occupational Safety and Health.
Article 5. Organization of assessment of working conditions
The organization assessing working conditions must be an organization that fully meets the conditions for working environment monitoring activities in accordance with the provisions of the Law on Occupational Safety and Health.
Article 6. Methods and procedures for determining working conditions
Carry out the assessment and determination of working conditions according to the following process:
1. Determine the name of the profession or job to be assessed, and determine the working conditions.
2. Assessment of working conditions according to the criteria system on working conditions:
a) Step 1: Identify factors that have biological impacts on employees in the system of indicators on working conditions specified in Appendix I issued together with this Circular (hereinafter referred to as Appendix I for short). I).
b) Step 2: Select at least 06 (six) characteristic elements corresponding to each profession or job. These factors must ensure to fully reflect 3 groups of factors in the indicator system on working conditions specified in Appendix I.
c) Step 3: Select 01 (one) indicator for each characteristic element selected in Step 2 to conduct evaluation and score, on the basis of ensuring the following principles:
– The scale to assess the level of heavy, hazardous and dangerous of each factor is the 6-point scale (six) specified in Appendix I. The greater the level of arduous, hazardous and dangerous, the higher the score. .
– The employee’s contact time with elements is less than 50% of the working shift, the score will be reduced to 01 (one) point. For toxic chemicals, electromagnetic fields, vibration, noise, ionizing radiation, pressure changes, infectious disease-causing factors, the rating point will be lowered by 01 (one) point when the exposure time is less than 25% of the time. shift time.
– For factors that regulate the allowable exposure time, it will be lowered by 01 (one) point if the actual working contact time is less than 50% of the allowable exposure time.
– For factors that can use multiple criteria (from 02 or more) to evaluate, only 1 main criterion is selected for evaluation and scoring; other indicators can be evaluated for reference and additional data for the main indicator.
d) Step 4: Calculate the average score of the factors according to the formula:

In there:
The average score of the factors.
n: Number of factors assessed in Step 3 (n≥6)
XfirstX2,…Xn: Score of the first, second,…,nth element.
dd) Step 5: Summarize the results in the form according to the form specified in Appendix II issued with this Circular and determine the working conditions according to the average score of the factors ( ) as follows:
– ≤ 1.01: Class I working conditions;
– 1.01 ≤ 2.22: Class II working conditions;
– 2.22 ≤ 3.37: Class III working conditions;
– 3.37 ≤ 4.56: Class IV working conditions;
– 4.56 ≤ 5.32: Class V working conditions;
– > 5.32: Class VI working conditions.
Chapter III
ORGANIZATION OF IMPLEMENTATION
Article 7. Responsibilities of the Department of Occupational Safety
1. Based on the proposal of the employer and line ministries, the Department of Occupational Safety and Health shall assume the prime responsibility for, and coordinate with relevant agencies under, line ministries and other agencies. , a research organization on occupational safety and health shall review and evaluate the list of occupations in order to propose the Minister of Labor, War Invalids and Social Affairs to consider and decide on the modification, supplementation or removal of from the List of occupations as prescribed in Article 22 of the Law on Occupational Safety and Health.
2. Carry out regular, periodical and irregular inspection, examination and supervision of the assessment of working conditions in accordance with the provisions of law.
Article 8. Responsibilities of the Department of Labor – Invalids and Social Affairs
1. Cooperate with relevant agencies in disseminating and guiding enterprises in the locality to implement this Circular.
2. Inspect, examine and report on assessment of working conditions in the locality in accordance with law.
Article 9. Amendment, supplementation or removal from the List of heavy, hazardous and dangerous occupations and jobs and particularly heavy, hazardous and dangerous occupations and jobs
1. The amendment, supplementation or removal from the List of occupations must ensure the following principles:
a) The review and assessment must be carried out for professions and jobs in specific branches or domains.
b) The process of selecting samples for review and evaluation must be carried out in accordance with each type and size of production, business and service establishments and representatives of the sampling region and region.
c) The results of review, assessment and classification of laborers according to working conditions used to propose amendments, supplements or removal from the List of occupations are the results of the review and assessment carried out within a period of time. period not exceeding 12 months until the proposed month.
2. Based on the results of labor classification according to the method prescribed in this Circular, in case it is necessary to amend, supplement or remove from the List of occupations, the employer shall send a written notice to the management ministry. Managers of relevant sectors and fields for consideration, synthesis and concurrently send them to the Ministry of Labor, War Invalids and Social Affairs.
Documents enclosed with the written proposal to amend, supplement or remove from the List of heavy, hazardous and dangerous occupations and jobs and particularly heavy, hazardous and dangerous occupations and jobs:
a) Summary of the current status of job titles and specific jobs of the industry and field and comparison with the List of occupations promulgated by the Minister of Labor, War Invalids and Social Affairs; reasons for proposed additions or amendments.
b) Data on measurement and evaluation of specific factors of working conditions for job titles and jobs requested for supplementation or modification, and a summary record of results according to the form specified in Appendix II to the Circular No. issued together with this Circular.
c) Summary table of proposed amendments and supplements to the classification of heavy, hazardous and dangerous occupations and jobs and particularly arduous, hazardous and dangerous occupations and jobs according to the form specified in Appendix III promulgated together with this Circular.
3. Ministries managing sectors or fields shall review heavy, hazardous and dangerous occupations and jobs and particularly heavy, hazardous and dangerous occupations and jobs within their respective sectors or domains; consider the opinions of the employer to propose amendments and supplements to the List of occupations suitable for socio-economic development, science and technology and management in each period, and send it to the Ministry of Labor – Invalids and Social.
Article 10. Responsibilities of employers and related agencies
1. Employers review, evaluate and classify workers for the first time, and when there is a change in technology, production organization process leading to a change in working conditions or when performing Currently assessing risks of occupational safety and health in accordance with the provisions of the Law on Occupational Safety and Health, but detecting new dangerous and harmful factors compared with the previous assessment but must ensure to review, evaluate and classify working conditions at least once within 05 years.
2. For occupations and jobs at the workplace on the List of occupations for which the employer has taken measures to eliminate and minimize the impact of heavy, hazardous and dangerous factors, the employer shall The employer shall organize the assessment and classification of labor and propose it to the Ministry of Labor – Invalids and Social Affairs for consideration and comments on the results of the assessment and classification of labor. In which, the documents specified in Clause 2, Article 9 of this Circular must be enclosed.
3. Organize the assessment and classification of labor according to the method of labor classification promulgated together with this Circular.
4. Employers and related agencies and organizations are responsible for fully implementing regimes for employees doing heavy, hazardous and dangerous occupations and jobs, and special occupations and jobs. heavy, hazardous and dangerous according to relevant laws.
5. For occupations and jobs that have been assessed and classified according to the provisions of Clause 2 of this Article but no longer have the characteristics and typical working conditions of the profession, heavy, hazardous or dangerous work. and dangerous and dangerous occupations and jobs, the employer is not required to implement regimes for employees doing heavy, hazardous and dangerous occupations and jobs especially heavy, hazardous and dangerous work, after consulting the Ministry of Labor, War Invalids and Social Affairs.
Article 11. Terms of Implementation
1. This Circular takes effect from April 15, 2022.
2. In the course of implementation, if any problems arise, they should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration and settlement./.

Recipients:
– Prime Minister, Deputy Prime Ministers;– Congress office;– Office of the President;– Goverment office;– Central Office and Party Committees;– Supreme People’s Court;– The Central Committee of the Vietnam Fatherland Front;– Central body of Unions;– People’s Councils and People’s Committees of provinces and centrally run cities;– Departments of Labour, Invalids and Social Affairs of provinces and centrally run cities;– Economic groups and special class corporations;– Department of Examination of Legal Documents (Ministry of Justice);– Announcement; Government e-commerce portal;– Information Center (for posting);– Save: VT, ATLD.

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KT. MINISTERDEPUTYLe Van Thanh

……………..
Please download the document file to see more content of the Circular

#Thông #tư #292021TTBLĐTBXH #Hướng #dẫn #phân #loại #lao #động #theo #điều #kiện #lao #động

On December 28, 2021, the Ministry of Labor, War Invalids and Social Affairs issued Circular 29/2021/TT-BLDTBXH on stipulating standards for labor classification according to working conditions.
Accordingly, the classification of labor according to working conditions is based on the results of the assessment and determination of working conditions according to the prescribed methods, specifically the following types of working conditions:
Occupations and jobs with working conditions classified into categories I, II, III are occupations and jobs that are not arduous, non-hazardous and not dangerous.
Occupations and jobs with working conditions classified as IV are heavy, hazardous and dangerous occupations and jobs.
Occupations and jobs with working conditions classified as V and VI are particularly arduous, hazardous and dangerous occupations and jobs.

MINISTRY OF LABOR – TRADEMARKSAND SOCIAL——-

SOCIALIST REPUBLIC OF VIETNAMIndependence – Freedom – Happiness —————

No: 29/2021/TT-BLDTBXH

Hanoi, December 28, 2021

Circular 29/2021/TT-BLDTBXH
STANDARDS FOR CLASSIFICATION OF LABOR BY LABOR CONDITIONS
Pursuant to the June 25, 2015 Law on Occupational Safety and Hygiene;
Pursuant to Decree No. 14/2017/ND-CP dated February 17, 2017 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Labor – Invalids and Social Affairs;
At the proposal of the Director of the Department of Occupational Safety;
The Minister of Labor, War Invalids and Social Affairs promulgates a Circular on standards for classification of laborers according to working conditions.
Chapter I
GENERAL RULES
Article 1. Scope
This Circular prescribes standards for labor classification according to working conditions.
Article 2. Subjects of application
1. Employers and employees as prescribed in Article 2 of the Law on Occupational Safety and Health.
2. Organize the assessment and classification of labor according to working conditions.
3. Other organizations and individuals involved in the assessment and classification of labor according to working conditions.
chapter II
CLASSIFICATION OF LABOR BY LABOR CONDITIONS AND METHOD, PROCEDURES FOR DETERMINATION OF LABOR CONDITIONS
Article 3. Classification of labor according to working conditions
1. Type of working conditions
a) Extremely heavy, hazardous and dangerous occupations and jobs are occupations and jobs with working conditions classified as V, VI.
b) Heavy, hazardous and dangerous occupations and jobs are occupations and jobs with working conditions classified as IV.
c) Non-arduous, non-hazardous and non-dangerous occupations and jobs are occupations and jobs with working conditions classified as Class I, II, III.
2. Principles of labor classification according to working conditions
The classification of employees according to working conditions must be based on the results of assessment and determination of working conditions according to the method specified in this Circular.
Article 4. Purpose of using the method of classifying labor according to working conditions
The method of classifying labor according to working conditions promulgated together with this Circular is used for the following purposes:
1. Formulate, amend, supplement or remove from the List of arduous, hazardous and dangerous occupations and jobs and particularly heavy, hazardous and dangerous occupations and jobs (hereinafter referred to as the List for short). occupation category).
2. Classification of labor according to working conditions for arduous, hazardous and dangerous occupations and jobs and particularly arduous, hazardous and dangerous occupations and jobs under the responsibility of the employer to implement labor protection and health care regimes for employees as prescribed in Clause 3, Article 22 of the Law on Occupational Safety and Health.
Article 5. Organization of assessment of working conditions
The organization assessing working conditions must be an organization that fully meets the conditions for working environment monitoring activities in accordance with the provisions of the Law on Occupational Safety and Health.
Article 6. Methods and procedures for determining working conditions
Carry out the assessment and determination of working conditions according to the following process:
1. Determine the name of the profession or job to be assessed, and determine the working conditions.
2. Assessment of working conditions according to the criteria system on working conditions:
a) Step 1: Identify factors that have biological impacts on employees in the system of indicators on working conditions specified in Appendix I issued together with this Circular (hereinafter referred to as Appendix I for short). I).
b) Step 2: Select at least 06 (six) characteristic elements corresponding to each profession or job. These factors must ensure to fully reflect 3 groups of factors in the indicator system on working conditions specified in Appendix I.
c) Step 3: Select 01 (one) indicator for each characteristic element selected in Step 2 to conduct evaluation and score, on the basis of ensuring the following principles:
– The scale to assess the level of heavy, hazardous and dangerous of each factor is the 6-point scale (six) specified in Appendix I. The greater the level of arduous, hazardous and dangerous, the higher the score. .
– The employee’s contact time with elements is less than 50% of the working shift, the score will be reduced to 01 (one) point. For toxic chemicals, electromagnetic fields, vibration, noise, ionizing radiation, pressure changes, infectious disease-causing factors, the rating point will be lowered by 01 (one) point when the exposure time is less than 25% of the time. shift time.
– For factors that regulate the allowable exposure time, it will be lowered by 01 (one) point if the actual working contact time is less than 50% of the allowable exposure time.
– For factors that can use multiple criteria (from 02 or more) to evaluate, only 1 main criterion is selected for evaluation and scoring; other indicators can be evaluated for reference and additional data for the main indicator.
d) Step 4: Calculate the average score of the factors according to the formula:

In there:
The average score of the factors.
n: Number of factors assessed in Step 3 (n≥6)
XfirstX2,…Xn: Score of the first, second,…,nth element.
dd) Step 5: Summarize the results in the form according to the form specified in Appendix II issued with this Circular and determine the working conditions according to the average score of the factors ( ) as follows:
– ≤ 1.01: Class I working conditions;
– 1.01 ≤ 2.22: Class II working conditions;
– 2.22 ≤ 3.37: Class III working conditions;
– 3.37 ≤ 4.56: Class IV working conditions;
– 4.56 ≤ 5.32: Class V working conditions;
– > 5.32: Class VI working conditions.
Chapter III
ORGANIZATION OF IMPLEMENTATION
Article 7. Responsibilities of the Department of Occupational Safety
1. Based on the proposal of the employer and line ministries, the Department of Occupational Safety and Health shall assume the prime responsibility for, and coordinate with relevant agencies under, line ministries and other agencies. , a research organization on occupational safety and health shall review and evaluate the list of occupations in order to propose the Minister of Labor, War Invalids and Social Affairs to consider and decide on the modification, supplementation or removal of from the List of occupations as prescribed in Article 22 of the Law on Occupational Safety and Health.
2. Carry out regular, periodical and irregular inspection, examination and supervision of the assessment of working conditions in accordance with the provisions of law.
Article 8. Responsibilities of the Department of Labor – Invalids and Social Affairs
1. Cooperate with relevant agencies in disseminating and guiding enterprises in the locality to implement this Circular.
2. Inspect, examine and report on assessment of working conditions in the locality in accordance with law.
Article 9. Amendment, supplementation or removal from the List of heavy, hazardous and dangerous occupations and jobs and particularly heavy, hazardous and dangerous occupations and jobs
1. The amendment, supplementation or removal from the List of occupations must ensure the following principles:
a) The review and assessment must be carried out for professions and jobs in specific branches or domains.
b) The process of selecting samples for review and evaluation must be carried out in accordance with each type and size of production, business and service establishments and representatives of the sampling region and region.
c) The results of review, assessment and classification of laborers according to working conditions used to propose amendments, supplements or removal from the List of occupations are the results of the review and assessment carried out within a period of time. period not exceeding 12 months until the proposed month.
2. Based on the results of labor classification according to the method prescribed in this Circular, in case it is necessary to amend, supplement or remove from the List of occupations, the employer shall send a written notice to the management ministry. Managers of relevant sectors and fields for consideration, synthesis and concurrently send them to the Ministry of Labor, War Invalids and Social Affairs.
Documents enclosed with the written proposal to amend, supplement or remove from the List of heavy, hazardous and dangerous occupations and jobs and particularly heavy, hazardous and dangerous occupations and jobs:
a) Summary of the current status of job titles and specific jobs of the industry and field and comparison with the List of occupations promulgated by the Minister of Labor, War Invalids and Social Affairs; reasons for proposed additions or amendments.
b) Data on measurement and evaluation of specific factors of working conditions for job titles and jobs requested for supplementation or modification, and a summary record of results according to the form specified in Appendix II to the Circular No. issued together with this Circular.
c) Summary table of proposed amendments and supplements to the classification of heavy, hazardous and dangerous occupations and jobs and particularly arduous, hazardous and dangerous occupations and jobs according to the form specified in Appendix III promulgated together with this Circular.
3. Ministries managing sectors or fields shall review heavy, hazardous and dangerous occupations and jobs and particularly heavy, hazardous and dangerous occupations and jobs within their respective sectors or domains; consider the opinions of the employer to propose amendments and supplements to the List of occupations suitable for socio-economic development, science and technology and management in each period, and send it to the Ministry of Labor – Invalids and Social.
Article 10. Responsibilities of employers and related agencies
1. Employers review, evaluate and classify workers for the first time, and when there is a change in technology, production organization process leading to a change in working conditions or when performing Currently assessing risks of occupational safety and health in accordance with the provisions of the Law on Occupational Safety and Health, but detecting new dangerous and harmful factors compared with the previous assessment but must ensure to review, evaluate and classify working conditions at least once within 05 years.
2. For occupations and jobs at the workplace on the List of occupations for which the employer has taken measures to eliminate and minimize the impact of heavy, hazardous and dangerous factors, the employer shall The employer shall organize the assessment and classification of labor and propose it to the Ministry of Labor – Invalids and Social Affairs for consideration and comments on the results of the assessment and classification of labor. In which, the documents specified in Clause 2, Article 9 of this Circular must be enclosed.
3. Organize the assessment and classification of labor according to the method of labor classification promulgated together with this Circular.
4. Employers and related agencies and organizations are responsible for fully implementing regimes for employees doing heavy, hazardous and dangerous occupations and jobs, and special occupations and jobs. heavy, hazardous and dangerous according to relevant laws.
5. For occupations and jobs that have been assessed and classified according to the provisions of Clause 2 of this Article but no longer have the characteristics and typical working conditions of the profession, heavy, hazardous or dangerous work. and dangerous and dangerous occupations and jobs, the employer is not required to implement regimes for employees doing heavy, hazardous and dangerous occupations and jobs especially heavy, hazardous and dangerous work, after consulting the Ministry of Labor, War Invalids and Social Affairs.
Article 11. Terms of Implementation
1. This Circular takes effect from April 15, 2022.
2. In the course of implementation, if any problems arise, they should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration and settlement./.

Recipients:
– Prime Minister, Deputy Prime Ministers;– Congress office;– Office of the President;– Goverment office;– Central Office and Party Committees;– Supreme People’s Court;– The Central Committee of the Vietnam Fatherland Front;– Central body of Unions;– People’s Councils and People’s Committees of provinces and centrally run cities;– Departments of Labour, Invalids and Social Affairs of provinces and centrally run cities;– Economic groups and special class corporations;– Department of Examination of Legal Documents (Ministry of Justice);– Announcement; Government e-commerce portal;– Information Center (for posting);– Save: VT, ATLD.

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KT. MINISTERDEPUTYLe Van Thanh

……………..
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#Thông #tư #292021TTBLĐTBXH #Hướng #dẫn #phân #loại #lao #động #theo #điều #kiện #lao #động

On December 28, 2021, the Ministry of Labor, War Invalids and Social Affairs issued Circular 29/2021/TT-BLDTBXH on stipulating standards for labor classification according to working conditions.
Accordingly, the classification of labor according to working conditions is based on the results of the assessment and determination of working conditions according to the prescribed methods, specifically the following types of working conditions:
Occupations and jobs with working conditions classified into categories I, II, III are occupations and jobs that are not arduous, non-hazardous and not dangerous.
Occupations and jobs with working conditions classified as IV are heavy, hazardous and dangerous occupations and jobs.
Occupations and jobs with working conditions classified as V and VI are particularly arduous, hazardous and dangerous occupations and jobs.

MINISTRY OF LABOR – TRADEMARKSAND SOCIAL——-

SOCIALIST REPUBLIC OF VIETNAMIndependence – Freedom – Happiness —————

No: 29/2021/TT-BLDTBXH

Hanoi, December 28, 2021

Circular 29/2021/TT-BLDTBXH
STANDARDS FOR CLASSIFICATION OF LABOR BY LABOR CONDITIONS
Pursuant to the June 25, 2015 Law on Occupational Safety and Hygiene;
Pursuant to Decree No. 14/2017/ND-CP dated February 17, 2017 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Labor – Invalids and Social Affairs;
At the proposal of the Director of the Department of Occupational Safety;
The Minister of Labor, War Invalids and Social Affairs promulgates a Circular on standards for classification of laborers according to working conditions.
Chapter I
GENERAL RULES
Article 1. Scope
This Circular prescribes standards for labor classification according to working conditions.
Article 2. Subjects of application
1. Employers and employees as prescribed in Article 2 of the Law on Occupational Safety and Health.
2. Organize the assessment and classification of labor according to working conditions.
3. Other organizations and individuals involved in the assessment and classification of labor according to working conditions.
chapter II
CLASSIFICATION OF LABOR BY LABOR CONDITIONS AND METHOD, PROCEDURES FOR DETERMINATION OF LABOR CONDITIONS
Article 3. Classification of labor according to working conditions
1. Type of working conditions
a) Extremely heavy, hazardous and dangerous occupations and jobs are occupations and jobs with working conditions classified as V, VI.
b) Heavy, hazardous and dangerous occupations and jobs are occupations and jobs with working conditions classified as IV.
c) Non-arduous, non-hazardous and non-dangerous occupations and jobs are occupations and jobs with working conditions classified as Class I, II, III.
2. Principles of labor classification according to working conditions
The classification of employees according to working conditions must be based on the results of assessment and determination of working conditions according to the method specified in this Circular.
Article 4. Purpose of using the method of classifying labor according to working conditions
The method of classifying labor according to working conditions promulgated together with this Circular is used for the following purposes:
1. Formulate, amend, supplement or remove from the List of arduous, hazardous and dangerous occupations and jobs and particularly heavy, hazardous and dangerous occupations and jobs (hereinafter referred to as the List for short). occupation category).
2. Classification of labor according to working conditions for arduous, hazardous and dangerous occupations and jobs and particularly arduous, hazardous and dangerous occupations and jobs under the responsibility of the employer to implement labor protection and health care regimes for employees as prescribed in Clause 3, Article 22 of the Law on Occupational Safety and Health.
Article 5. Organization of assessment of working conditions
The organization assessing working conditions must be an organization that fully meets the conditions for working environment monitoring activities in accordance with the provisions of the Law on Occupational Safety and Health.
Article 6. Methods and procedures for determining working conditions
Carry out the assessment and determination of working conditions according to the following process:
1. Determine the name of the profession or job to be assessed, and determine the working conditions.
2. Assessment of working conditions according to the criteria system on working conditions:
a) Step 1: Identify factors that have biological impacts on employees in the system of indicators on working conditions specified in Appendix I issued together with this Circular (hereinafter referred to as Appendix I for short). I).
b) Step 2: Select at least 06 (six) characteristic elements corresponding to each profession or job. These factors must ensure to fully reflect 3 groups of factors in the indicator system on working conditions specified in Appendix I.
c) Step 3: Select 01 (one) indicator for each characteristic element selected in Step 2 to conduct evaluation and score, on the basis of ensuring the following principles:
– The scale to assess the level of heavy, hazardous and dangerous of each factor is the 6-point scale (six) specified in Appendix I. The greater the level of arduous, hazardous and dangerous, the higher the score. .
– The employee’s contact time with elements is less than 50% of the working shift, the score will be reduced to 01 (one) point. For toxic chemicals, electromagnetic fields, vibration, noise, ionizing radiation, pressure changes, infectious disease-causing factors, the rating point will be lowered by 01 (one) point when the exposure time is less than 25% of the time. shift time.
– For factors that regulate the allowable exposure time, it will be lowered by 01 (one) point if the actual working contact time is less than 50% of the allowable exposure time.
– For factors that can use multiple criteria (from 02 or more) to evaluate, only 1 main criterion is selected for evaluation and scoring; other indicators can be evaluated for reference and additional data for the main indicator.
d) Step 4: Calculate the average score of the factors according to the formula:

In there:
The average score of the factors.
n: Number of factors assessed in Step 3 (n≥6)
XfirstX2,…Xn: Score of the first, second,…,nth element.
dd) Step 5: Summarize the results in the form according to the form specified in Appendix II issued with this Circular and determine the working conditions according to the average score of the factors ( ) as follows:
– ≤ 1.01: Class I working conditions;
– 1.01 ≤ 2.22: Class II working conditions;
– 2.22 ≤ 3.37: Class III working conditions;
– 3.37 ≤ 4.56: Class IV working conditions;
– 4.56 ≤ 5.32: Class V working conditions;
– > 5.32: Class VI working conditions.
Chapter III
ORGANIZATION OF IMPLEMENTATION
Article 7. Responsibilities of the Department of Occupational Safety
1. Based on the proposal of the employer and line ministries, the Department of Occupational Safety and Health shall assume the prime responsibility for, and coordinate with relevant agencies under, line ministries and other agencies. , a research organization on occupational safety and health shall review and evaluate the list of occupations in order to propose the Minister of Labor, War Invalids and Social Affairs to consider and decide on the modification, supplementation or removal of from the List of occupations as prescribed in Article 22 of the Law on Occupational Safety and Health.
2. Carry out regular, periodical and irregular inspection, examination and supervision of the assessment of working conditions in accordance with the provisions of law.
Article 8. Responsibilities of the Department of Labor – Invalids and Social Affairs
1. Cooperate with relevant agencies in disseminating and guiding enterprises in the locality to implement this Circular.
2. Inspect, examine and report on assessment of working conditions in the locality in accordance with law.
Article 9. Amendment, supplementation or removal from the List of heavy, hazardous and dangerous occupations and jobs and particularly heavy, hazardous and dangerous occupations and jobs
1. The amendment, supplementation or removal from the List of occupations must ensure the following principles:
a) The review and assessment must be carried out for professions and jobs in specific branches or domains.
b) The process of selecting samples for review and evaluation must be carried out in accordance with each type and size of production, business and service establishments and representatives of the sampling region and region.
c) The results of review, assessment and classification of laborers according to working conditions used to propose amendments, supplements or removal from the List of occupations are the results of the review and assessment carried out within a period of time. period not exceeding 12 months until the proposed month.
2. Based on the results of labor classification according to the method prescribed in this Circular, in case it is necessary to amend, supplement or remove from the List of occupations, the employer shall send a written notice to the management ministry. Managers of relevant sectors and fields for consideration, synthesis and concurrently send them to the Ministry of Labor, War Invalids and Social Affairs.
Documents enclosed with the written proposal to amend, supplement or remove from the List of heavy, hazardous and dangerous occupations and jobs and particularly heavy, hazardous and dangerous occupations and jobs:
a) Summary of the current status of job titles and specific jobs of the industry and field and comparison with the List of occupations promulgated by the Minister of Labor, War Invalids and Social Affairs; reasons for proposed additions or amendments.
b) Data on measurement and evaluation of specific factors of working conditions for job titles and jobs requested for supplementation or modification, and a summary record of results according to the form specified in Appendix II to the Circular No. issued together with this Circular.
c) Summary table of proposed amendments and supplements to the classification of heavy, hazardous and dangerous occupations and jobs and particularly arduous, hazardous and dangerous occupations and jobs according to the form specified in Appendix III promulgated together with this Circular.
3. Ministries managing sectors or fields shall review heavy, hazardous and dangerous occupations and jobs and particularly heavy, hazardous and dangerous occupations and jobs within their respective sectors or domains; consider the opinions of the employer to propose amendments and supplements to the List of occupations suitable for socio-economic development, science and technology and management in each period, and send it to the Ministry of Labor – Invalids and Social.
Article 10. Responsibilities of employers and related agencies
1. Employers review, evaluate and classify workers for the first time, and when there is a change in technology, production organization process leading to a change in working conditions or when performing Currently assessing risks of occupational safety and health in accordance with the provisions of the Law on Occupational Safety and Health, but detecting new dangerous and harmful factors compared with the previous assessment but must ensure to review, evaluate and classify working conditions at least once within 05 years.
2. For occupations and jobs at the workplace on the List of occupations for which the employer has taken measures to eliminate and minimize the impact of heavy, hazardous and dangerous factors, the employer shall The employer shall organize the assessment and classification of labor and propose it to the Ministry of Labor – Invalids and Social Affairs for consideration and comments on the results of the assessment and classification of labor. In which, the documents specified in Clause 2, Article 9 of this Circular must be enclosed.
3. Organize the assessment and classification of labor according to the method of labor classification promulgated together with this Circular.
4. Employers and related agencies and organizations are responsible for fully implementing regimes for employees doing heavy, hazardous and dangerous occupations and jobs, and special occupations and jobs. heavy, hazardous and dangerous according to relevant laws.
5. For occupations and jobs that have been assessed and classified according to the provisions of Clause 2 of this Article but no longer have the characteristics and typical working conditions of the profession, heavy, hazardous or dangerous work. and dangerous and dangerous occupations and jobs, the employer is not required to implement regimes for employees doing heavy, hazardous and dangerous occupations and jobs especially heavy, hazardous and dangerous work, after consulting the Ministry of Labor, War Invalids and Social Affairs.
Article 11. Terms of Implementation
1. This Circular takes effect from April 15, 2022.
2. In the course of implementation, if any problems arise, they should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration and settlement./.

Recipients:
– Prime Minister, Deputy Prime Ministers;– Congress office;– Office of the President;– Goverment office;– Central Office and Party Committees;– Supreme People’s Court;– The Central Committee of the Vietnam Fatherland Front;– Central body of Unions;– People’s Councils and People’s Committees of provinces and centrally run cities;– Departments of Labour, Invalids and Social Affairs of provinces and centrally run cities;– Economic groups and special class corporations;– Department of Examination of Legal Documents (Ministry of Justice);– Announcement; Government e-commerce portal;– Information Center (for posting);– Save: VT, ATLD.

KT. MINISTERDEPUTYLe Van Thanh

……………..
Please download the document file to see more content of the Circular

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