Labor Classification According to Working Conditions

OVERVIEW
Classification of Labor According to Working Conditions is a crucial aspect of labor law that mandates manufacturing factories to implement, ensuring the rights and safety of workers. This classification helps determine the level of arduousness, toxicity, and danger of each job, thereby providing appropriate treatment and protection regimes for workers.
The main purposes of classifying labor according to working conditions are:

• Protecting worker health: Ensuring that workers are working in a safe environment, minimizing the risk of accidents and occupational diseases.
• Fair treatment: Workers working in more difficult and dangerous conditions will enjoy preferential regimes such as higher wages, more rest time, special insurance, etc.
• Creating a legal basis: This classification serves as a basis for developing legal regulations on occupational safety, social insurance, and specific working regimes for each profession.

LEGAL BASIS:

• Article 22, Clause 3 of the Law on Occupational Safety and Hygiene.
• Article 21, Clause 5 of Decree 12/2022/ND-CP on administrative sanctions for employers who fail to assess and classify labor according to working conditions.
• Circular No. 11/2020/TT-BLDTBXH issuing the list of arduous, hazardous, and dangerous occupations and jobs, and particularly arduous, hazardous, and dangerous occupations and jobs.
• Circular No. 29/2021/TT-BLDTBXH regulating the method of assessing and classifying labor according to working conditions.

IMPLEMENTATION METHODS:

• Prepare a list of workers, identify the job titles and tasks of workers at each workplace.
• Conduct surveys and consultations on working conditions, necessary requirements for assessing and classifying labor according to working conditions.
• Measure basic parameters of the working environment, monitor and record ergonomic parameters such as the suitability of working posture, work intensity, work psychology, etc., as a basis for analysis, assessment, and classification of labor according to working conditions (the list of indicators to be measured is attached).
• Conduct interviews and listen to the opinions of direct workers and managers to clarify the thoughts and aspirations of workers objectively to reflect to the enterprise about the actual situation.
• Synthesize and analyze data, assess the level of the working environment according to Circular No. 29/2021/TT-BLDTBXH of the Ministry of Labor, Invalids, and Social Affairs, and based on current regulations or guidelines to recommend solutions for businesses to ensure workers' rights in accordance with current regulations.
• Compile a draft assessment report to send to the enterprise and participate in an evaluation meeting (agree on the time between the two parties) before issuing the official assessment report.

The implementation of these tasks is carried out by a team of experts and technicians from PYP with experience in the field of occupational safety and health.