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Guiding the determination of heavy and hazardous occupations and jobs

Thu, 04 Oct 2018 10:21:53 AM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – In order to identify occupations and jobs on the list of heavy, hazardous or dangerous occupations and jobs, companies must base themselves about the names of occupations and jobs on the list promulgated by the Ministry of Labor, War Invalids and Social Affairs and characteristics of the labor conditions of the profession, work is described encloses.

The investment license of Vietnam Ford Co., Ltd has the following activities: Assembling, producing all kinds of automobile and auto parts. The Company has determined the heavy and hazardous jobs, especially heavy, hazardous and dangerous jobs according to the prescribed documents. However, during the implementation of the company, there are some problems that need to be solved,advice, guidance through the receiving and respondingsystem to recommendations of the business as follows:

The company's operation is car assembly but the company still has some auxiliary activities such as driving forklift from the truck to the warehouse, transporting garbage; compressor operator ... In the process of considering the determination of heavy and hazardous jobs, the company only considers the field of automobile and motorbike assembly in accordance with Section K of the Circular No. 36/2012 / TT-BLDTBXH. the company would like to request for answer, is this identification of this heavy and hazardous jobssufficient?,does the company need to consider other areas outside the field of automobile assembly, such as Section D - transportation in the Circular No. 36/2012 / TT-BLDTBXH?

When determining a job that is heavy or hazardous, the Company shall consider the name of the occupation or the job with the same name and the job as prescribed in the list of legal documents and characteristics of the conditions of the respectively hazardous and dangerous job. Is the company doing the right thing or is it just the job title or job that is identical to the job title or job prescribed in the legislation that is sufficient to identify the heavy workload?

In addition, every year the company hires an independent unit to carry out environmental monitoring in accordance with the Decree No. 44/2016 / ND-CP. The results show that the climatic, physical, magnetic, dust kinds, gaseous, and occupational physiology - ergonomic factors in all labor positions are within acceptable limits.

Company is based on the above results to evaluate the characteristics of working conditions of the occupations and the hazardous and dangerous jobs. So, in order to use this result to assess the characteristics of working conditions when determining whether are heavy and hazardous jobs, is it correct? If not, what legal documents are based on to determine the characteristics and working conditions of heavy, hazardous and dangerous jobs? Which unit is allowed to these?

Regarding this issue, The Ministry of Labor, War Invalids and Social Affairs responds as follows:

The application of occupation titles and jobs to the occupations and jobs outside the main business fields of the Company as stipulated in Clause 2, Article 2 of the Circular No. 36/2012 / TT-BLDTBXH dated 28 / 12/2012 of the Ministry of Labor, War Invalids and Social Affairs promulgating the supplement of heavy, hazardous and dangerous occupations, and particularly heavy, hazardous and dangerous jobs in the process of determination in addition to the fields of automobile and motorbike production, the company should consider other areas related to the whole production and business sector of the company.

The list of heavy, hazardous, dangerous and particularly heavy, hazardous and dangerous jobs shall be promulgated by the Ministry of Labor, War Invalids and Social Affairs together with the description of labor conditions.

Therefore, it must be based on the names of occupations and jobs on the list promulgated by the Ministry of Labor, War Invalids and Social Affairs and the characteristics of labor conditions of the occupations and jobs described together with the determination of occupations and jobs. The corresponding work at the Company is in the list of occupations, heavy, hazardous, dangerous jobs and especially heavy, hazardous and dangerous jobs issued by the Ministry of Labor, War Invalids and Social Affairs.

The periodical labor-environment measure as stated in Mr. Vu Duc Hung's question is not enough information to assess the working conditions according to the Official Letter No. 2753 / LDTBXH-BHLD dated August 1, 1995 of the Ministry of Labor, Invalids and Social Affairs. Therefore, the Ford Vietnam Company Limited shall comply with the guidance of the Ministry of Labor, War Invalids and Social Affairs in the Official Dispatch No. 2753 / LDTBXH-BHLD

 

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic

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