Circular 09/2021/TT-BLDTBXH amending Circular 08/2020/TT-BLDTBXH guiding the job protection of whistleblowers who work under labor contracts issued by the Minister of Labor, War Invalids and Social Affairs Issued by society

CIRCULAR

PROVIDING AMENDMENTS TO CIRCULAR NO. 08/2020/TT-BLDTBXH DATED OCTOBER 15, 2020 OF MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS ON GUIDELINES FOR PROTECTION OF EMPLOYMENT STATUS OF WHISTLEBLOWERS WORKING UNDER EMPLOYMENT CONTRACTS

Pursuant to the Law on denunciation dated June 12, 2018;

Pursuant to the Government’s Decree No. 31/2019/ND-CP dated April 10, 2019 on guidelines for implementation of the Law on denunciation;

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

At the request of the Chief Inspector of Ministry of Labor, War Invalids and Social Affairs;

The Minister of Labor, War Invalids and Social Affairs promulgates a Circular providing amendments to Circular No. 08/2020/TT-BLDTBXH dated October 15, 2020 of Minister of Labor, War Invalids and Social Affairs on guidelines for protection of employment status of whistleblowers working under employment contracts.

Article 1. Amendments to Circular No. 08/2020/TT-BLDTBXH dated October 15, 2020 of Minister of Labor, War Invalids and Social Affairs 

1. Article 4 is amended as follows:

  “Article 4. Procedures for protection

Procedures for protection shall comply with the provisions in Section 2 Chapter VI of the Law on denunciation”.

2. Point b Clause 1 Article 8 is amended as follows:

 “b) In case where the employer fails to implement employee protection measures, the executive board of grassroots trade union or the management board of the internal organization of employees shall give written opinions to the employer, and report the case to the authority that has decided to adopt such employee protection measures and the superior representative organization of the employee (if any) for taking timely actions and further employee protection measures.”.

3. Article 5 and Article 6 are abrogated.

Article 2. Effect

This Circular comes into force from November 01, 2021.

Article 3. Implementation

1. Ministers, heads of ministerial-level agencies, heads of the Government’s affiliates, Chairpersons of People’s Committees of provinces and central-affiliated cities and relevant authorities, organizations and individuals shall implement this Circular.

2. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Labor, War Invalids and Social Affairs for consideration./.

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