Let’s study with MVA Vietnam in Official Dispatch 2086/BLDTBXH-TLDLDVN 2022 implementing Decree 38/2022/ND-CP on minimum wage. To grasp the new points and amendments of the official letter, understand the contents of the official letter to help businesses and employees make the right judgments and plan for upcoming projects.
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Thus, the Official Dispatch cannot be competent enough to interpret the decree, so if the decree does not stipulate, the employer is not obligated to follow. The Decree states that “…other legal agreements that are more beneficial to employees than those specified in this Decree will continue to be implemented” but not “…must be done”. This means that employees who previously received 7% higher than the old rate are automatically higher than the new level and are not required to adjust.
If there is a guiding circular, it will be stricter than the Official Letter directing the implementation of the Decree.
Everyone has the right to understand: If the employer has been paying the minimum wage equal to 107%, it is automatically higher than the new level and does not need to be adjusted.
Hopefully with the sharing and analysis of the Official Dispatch on your business, employees can understand the content of the Official Dispatch, the limitations so that businesses and employees can better arrange their projects. determined in the future.
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