At a consultation conference and dialogue on social insurance policies with businesses organized by the Ministry of Labor, War Invalids and Social Affairs (MOLISA) in Ho Chi Minh City, the head of the human resources department of a footwear company with tens of thousands of employees reported that this company has many workers working in heavy and toxic positions.
However, these job titles at enterprises are not yet regulated in the list of arduous, toxic, and dangerous occupations (abbreviated as NN-ĐH-NH occupations) issued by the Ministry of Labor, Invalids and Social Affairs, so it is very disadvantageous for workers.
According to regulations, people working in agriculture, forestry, and fisheries are entitled to better sick leave (longer benefit period with higher benefit levels) and retirement benefits (earlier retirement age than the prescribed retirement age) than those working in normal jobs.
The garment and footwear industry has many heavy, toxic jobs (Photo: Pham Nguyen).
A garment enterprise in Tan Phu district (HCMC) also reported many difficulties with paperwork when resolving pension benefits for employees working in agriculture, forestry, and fisheries.
The reason is that the previous title of the above workers was "sewing worker". The name of this job position in the latest list of occupations and jobs of NN-ĐH-NH issued by the Ministry of Labor, Invalids and Social Affairs in Circular 11/2020/TT-BLDTBXH is "industrial sewing machine operator".
Because of different titles, the Social Insurance agency does not resolve the rights to work in agriculture, forestry, and fisheries for the above workers.
At the meeting with the Social Insurance Agency, a representative of Thuan Phuong Embroidery Company Limited (District 6, Ho Chi Minh City) also reported encountering similar difficulties.
This company has many jobs that are identified as heavy and hazardous in the footwear and textile industries. However, the names of the job positions in the company are not exactly the same as the list recently issued by the Ministry of Labor, Invalids and Social Affairs.
Currently, the company has adjusted the job titles to match the list, but it is still difficult to resolve benefits for the previous period of social insurance payment, when the job title at the company does not match the name in the list of occupations in Agriculture, University, and Banking.
Responding to this issue, Mr. Nguyen Duy Cuong, Deputy Director of the Social Insurance Department (Ministry of Labor, Invalids and Social Affairs) affirmed that the list of occupations and jobs in agriculture, entrepreneurship and banking is only general. In reality, businesses have many detailed job positions that the list does not cover.
Therefore, in the process of implementing the regulations, enterprises encountering difficulties can report to the Ministry of Labor, Invalids and Social Affairs for timely adjustments, suitable to production reality.
According to Mr. Cuong, for cases before Circular 11/2020/TT-BLDTBXH takes effect, there is no need to make any adjustments. If the employee's previous social insurance participation period is consistent with the regulations in effect at that time, there is no need to make any adjustments.
Mr. Nguyen Duy Cuong said that Circular 11/2020/TT-BLDTBXH does not have retroactive provisions, so employees working in occupations and jobs in agriculture, forestry, and fisheries before the effective date of this circular, in accordance with the regulations in effect at that time, will still be recognized.
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