Thông tư 29/2021/TT-BLĐTBXH quy định về tiêu chuẩn phân loại lao động theo điều kiện lao động do Bộ trưởng Bộ Lao động - Thương binh và Xã hội ban hành

CIRCULAR

WORK CLASSIFICATION STANDARDS BASED ON WORKING CONDITIONS

Pursuant to the Law on Occupational Safety and Hygiene dated June 25, 2015;

Pursuant to Decree No. 14/2017/ND-CP dated February 17, 2017 of the Government administers functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;

At request of Director of Work Safety Department;

Minister of Labor - War Invalids and Social Affairs promulgates work classification standards based on working conditions.

Chapter I

GENERAL PROVISIONS

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This Circular prescribes work classification standards based on working conditions.

Article 2. Regulated entities

1. Employers and employees in accordance with Article 2 of the Law on Occupational Safety and Hygiene.

2. Organizations assessing and classifying work based on working conditions.

3. Other organizations and individuals related to work assessment and classification based on working conditions.

Chapter II

WORK CLASSIFICATION BASED ON WORKING CONDITIONS AND METHODS, PROCEDURES FOR DETERMINING WORKING CONDITIONS

Article 3. Work classification based on working conditions

1. Type of working conditions

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b) Arduous, toxic, or dangerous occupations are those with class IV working conditions.

c) Non-arduous, non-toxic, or non-dangerous occupations are those with class I, II, or III working conditions.

2. Principles of work classification based on working conditions

Work classification must be conducted based on working condition assessment and determination results produced using methods under this Circular.

Article 4. Purpose of work classification methods based on working conditions

Work classification methods based on working conditions attached to this Circular shall be utilized to:

1. Develop, amend, add, or remove occupations from the List of arduous, toxic, and dangerous occupations and very arduous, toxic, and dangerous occupations (hereinafter referred to as “List of occupations”).

2. Classify work based on working conditions for arduous, toxic, and dangerous occupations and very arduous, toxic, and dangerous occupations within the responsibilities of employers in order to provide labor protection and healthcare for employees in accordance with Clause 3 Article 22 of the Law on Occupational Safety and Hygiene.

Article 5. Organizations engaging in working condition classification

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Article 6. Methods and procedures for determining working conditions

Conduct working condition assessment and determination as follows:

1. Identify the occupation whose working condition is to be assessed and determined.

2. Assess working condition based on working condition criteria system:

a) Step 1: Identify factors which exert biological impact on employees within the working condition criteria system under Appendix I attached hereto (hereinafter referred to as “Appendix I”).

b) Step 2: Choose at least 6 characteristic factors of the occupation. These factors must be able to fulfill 3 groups in the working condition criteria system under Appendix I.

c) Step 3: Choose 1 criterion for every characteristic factor chose under Step 2 to assess and grade while following the principles below:

- The arduous, toxic, and hazardous level of each factor shall be graded proportionally on a scale from 1 to 6 under Appendix I.

- If a worker is exposed to the factors for less than 50% of a working shift duration, the determined grade shall be lowered by 1. If a worker is exposed to toxic substances, electromagnetic field, vibration, noise, ionizing radiation, change in pressure, factors causing infectious diseases for less than 25% of a working shift duration, the determined grade shall be lowered by 1.

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- If a factor involves at least 2 criteria, choose 1 primary criterion to assess and grade; other criteria play a referencing and supplementary role for the primary criterion.

d) Step 4: Calculate average grade of the factors using the formula below:

In which:

 The average of factors.

N: Number of factors assessed under Step 3 (n≥6)

X1, X2,…, Xn: Grade of the first factor, the second factor, ..., the nthfactor respectively.

dd) Step 5: Log the results in the form under Appendix II attached hereto and determine working conditions using average of factors as follows:

- ≤ 1,01: Class I working condition;

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- 2,22 < ≤ 3,37: Class III working condition;

- 3,37 < ≤ 4,56: Class IV working condition;

- 4,56 < ≤ 5,32: Class V working condition;

- > 5,32: Class VI working condition.

Chapter III

ORGANIZATION FOR IMPLEMENTATION

Article 7. Responsibilities of Work Safety Department

1. Based on proposal of employers and the Ministry, Work Safety Department shall take change and cooperate with relevant authorities and agencies, organizations engaging in occupational safety and hygiene research in reviewing and assessing the List of occupation in order to request the Minister of Labor - War Invalids and Social affairs to consider and decide on amendments to the List of occupation in accordance with Article 22 of the Law on Occupational Safety and Hygiene.

2. Regularly, periodically, and irregularly inspect, examine, and supervise assessment of working conditions as per the law.

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1. Cooperate with relevant agencies in disseminating and guiding enterprises in the provinces implementing this Circular.

2. Inspect, examine, and produce reports on assessment of working conditions in provinces as per the law.

Article 9 Amendment, addition, or removal of occupations from the List of occupation

1. The amendment, addition, or removal of occupation from the List of occupation must fulfill the following principles:

a) The review and assessment must be conducted for occupations in specific sector.

b) The sampling process for review and assessment must be implemented in a manner suitable for models and scale of manufacturing facilities, business facilities, and service facilities and representative of sampling regions.

c) Work review, assessment, and classification results shall be used for proposing amendment, addition, or removal of occupations from the List of occupation if the proposal is made within 12 months from the date on which results are produced.

2. Based on work classification results produced by methods under this Circular, if an occupation needs to be amended, added, or removed from the List of occupation, employer shall submit the request to the Ministry overseeing the sector and Ministry of Labor - War Invalids and Social Affairs.

Documents attached to written request for amendment, addition, or removal of occupations from the List of occupation:

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b) Measurement and assessment data of characteristic factors regarding working conditions of occupations requested to be added, amended and consolidated result form according to Appendix II attached hereto.

c) Consolidated schedule of amendment, addition of arduous, toxic, and dangerous occupations and very arduous, toxic, and dangerous occupations according to Appendix III attached hereto.

3. Ministries overseeing sector shall review arduous, toxic, and dangerous occupations and very arduous, toxic, and dangerous occupations; consider request of employers to submit proposal for amendment or addition to the List of occupation to Ministry of Labor - War Invalids and Social Affairs in order to meet socio-economic development, information technology, and management from time to time.

Article 10. Responsibilities of employers and relevant agencies

1. Employers shall review, assess, and classify work initially and in case of any change to technology, production procedures which lead to changes in working conditions and when discovering new hazardous, dangerous factors which were not discovered in the previous assessment session as long as working condition review, assessment, and classification are conducted once every 5 years.

2. Regarding occupations in the List of occupation where employers have adopted measures to reduce or eliminate arduous, toxic, hazardous factors at workplace, the employers shall organize assessment, and classification and request the Ministry of Labor - War Invalids and Social Affairs to comment on the work assessment and classification results. In this case, attach documents under Clause 2 Article 9 hereof.

3. Organize work assessment and classification using methods under this Circular.

4. Employers and relevant agencies, organizations are responsible for providing adequate policies for employees engaging in arduous, toxic, and dangerous occupations and very arduous, toxic, and dangerous occupations as per relevant laws.

5. If occupations that have been assessed and classified in accordance with Clause 2 of this Article lost the characteristic working conditions of an arduous, toxic, and hazardous occupation or a very arduous, toxic, and hazardous occupation, employers are not required to implement policies for employees engaging in such occupations after consulting Ministry of Labor - War Invalids and Social Affairs.

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1. This Circular comes into force from April 15, 2022.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry for consideration./.

PP. MINISTERDEPUTY MINISTERLe Van Thanh