1. This Code shall take effect from 01 May 2013.
The Labour Code dated 23 June 1994, the Law amending and supplementing a number of articles of the Labor Code No. 35/2002/QH10, the Law amending and supplementing a number of the Labour Code No. 74/2006 / QH11 and the Law amending and supplementing a number of articles of the Labor Code No.84/2007/QH11 that shall be expired from the date this Code takes effect.
2. From the date this Code takes effect:
a) The labor contracts, collective labor agreements, other legal agreements already concluded and the agreements more favorable to the employee than the provisions of this Code shall continue to be performed; the agreements inconsistent with the provisions of the Code must be amended and supplemented;
b) The stipulation on the time of enjoyment of the policies when giving birth in the Social Insurance Law No. 71/2006/QH11 shall comply with the provisions of this Code.
The female employee on maternity leave before the effective date of this Code, is still in the time of maternity leave to May 1, 2013 as prescribed in the Law on social insurance No. 71/2006/QH11, the time of enjoyment of the policies when giving birth complies with the provisions of this Code.
3. The labor regime for cadres, civil servants, officer and the person in the armed forces of the People's Army, People’s public security and other social organizations and cooperative members stipulated by the other legal documents but depending on the object, a number of provisions in this Code shall be applied. The Government has issued the specific salary policies applicable to cadres, civil servants, officer and the person in the armed forces of the People's Army and People’s public security.Article 241. Effect for areas where less than 10 employees employed
The employer who employs less than 10 employees must implement the provisions of this Code, but is reduced and exempted a number of standards and procedures prescribed by the Government.Article 242. Detailed regulations and guidance of execution
The Government and the competent authorities shall stipulate in detail and make guidance of the implementation of articles and clauses in the Code.This Code is adopted by the National Assembly of the Socialist Republic of Vietnam, term XIII, 3rd session on June 18, 2012.
| || CHAIRMAN OF NATIONAL ASSEMBLY |
Nguyen Sinh Hung