Thông tư 01/2009/TT-BLĐTBXH quy định mức điều chỉnh tiền lương, tiền công đã đóng bảo hiểm xã hội đối với người lao động thực hiện chế độ tiền lương do người sử dụng lao động quyết định theo khoản 2 Điều 5 Nghị định 83/2008/NĐ-CP do Bộ Lao động - Thương binh và Xã hội ban hành

CIRCULAR

REGULATING THE ADJUSTMENT RATE OF SALARIES, WAGES PAID FOR SOCIAL INSURANCE FOR EMPLOYEES TO IMPLEMENT OF REGIME OF SALARY DECIDED BY EMPLOYERS ACCORDING TO CLAUSE 2 OF ARTICLE 5 OF THE DECREE NO.83/2008/ND-CP DATED JULY 31, 2008 OF THE GOVERNMENT

Pursuant to the Decree No.83/2008/ND-CP of July 31, 2008 of the Government on adjustment of salaries, wages paid for social insurance for employees to implement regime of salaries decided by the employers (hereinafter referred to as the Decree No.83/2008/ND-CP).

After consulting the Ministry of Finance, Ministry of Labor, War Invalids and Social Affairs guides the adjustment of salaries, wages paid for social insurance for employees to implement regime of salaries decided by the employers as follows:

I. SUBJECTS OF APPLICATION

Subjects to adjustment of salaries, wages paid for social insurance in accordance with provisions in Article 2 of the Decree No.83/2008/ND-CP are the workers engaging in social insurance or reserving duration participated in social insurance, with duration to pay for social insurance under the regime of salaries decided by the employers, from January 01, 2009 onward enjoyed pension, lump-sum allowance upon retirement, lump-sum social insurance or be dead whose relatives are entitled to lump-sum death grant.

II. ADJUSTMENT OF SALARIES, WAGES PAID FOR SOCIAL INSURANCE

1. Adjustment rate for monthly salaries, wages paid for social insurance applied to those specified in Section I of this Circular calculated on the basis of average annual consumption price index defined in Article 3 of the Decree No.83/2008/ND-CP is prescribed as follows:

Adjustment rate for salaries, wages paid for social insurance corresponding to the years paying social insurance from prior to 1995 to 2009 for the employees enjoyed pension, lump-sum allowance upon retirement, lump-sum social insurance or be dead whose relatives are entitled to lump-sum death grant from January 01, 2009 to December 31, 2009, shall comply with the following table:

2. Adjustment formula

3. The average of monthly salaries, wages paid for social insurance used as basis to calculate pension, lump-sum allowance upon retirement, lump-sum social insurance and lump-sum death grant calculated in accordance with provisions of Article 31 of the Government's Decree No.152/2006/ND-CP dated December 22, 2006, guiding a number of Articles of the Law on social Insurance regarding compulsory social insurance and Article 34 of the Government’s Decree No.68/2007/ND-CP dated April 19, 2007 detailing and guiding the implementation of some Articles of the Law on social Insurance regarding compulsory social insurance for military uniform, people’s public security force and cipher workers receiving salary as for military uniform, people’s public security force, including monthly salaries, wages paid for social insurance under the salary regime decided by employers are adjusted in accordance with provisions of Clause 2, Section II of this Circular.

III. IMPLEMENTATION PROVISIONS

1. This Circular takes effect 45 days from the date of signing; the provisions of this Circular shall apply from January 01, 2009.

2. In the course of implementation, if any problems arise, the concerned units should report them to the Ministry of Labor, War Invalids and Social Affairs for timely research, settlement.

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