Reader Tran Thi Thuy Hang asked: "I work at a joint stock company with over 50% State capital. The company is paying salaries to managers according to the provisions of Decree No. 53/2016/ND-CP and Circular No. 28/2016/TT-BLDTBXH.
According to regulations in Circular No. 28/2016/TT-BLDTBXH, companies with planned profits of less than 50 billion VND, the maximum planned average salary shall not exceed 36 million VND/month (basic salary).
I would like to ask, what content is included in the salary level to calculate the average salary of a manager? Are time-based salaries (holidays, leave, meetings), overtime salaries, salary supplements and salaries of a salary nature (13th and 14th month salary) included in the manager's total salary and are limited ? Is the term not exceeding 36 million VND/month?".
Responding to this content on July 25, the Ministry of Labor, War Invalids and Social Affairs said: Currently, salaries for companies with shares and controlling capital contributed by the State are regulated in Decree No. 53/2016 /ND-CP dated June 13, 2016 of the Government and Circular No. 28/2016/TT-BLDTBXH dated September 1, 2016 of the Minister of Labor, War Invalids and Social Affairs, in which the State stipulates principles for determining Salary fund for full-time managers according to job title and associated with preserving and developing capital, fulfilling obligations and responsibilities to employees and the State according to the provisions of law and directives. production and business targets (Article 3, Article 6 of Decree No. 53/2016/ND-CP and Section 4 of Circular No. 28/2016/TT-BLDTBXH).
On the basis of the received salary fund, the company distributes and pays salaries to managers (specific salaries for each manager are based on working time, level of contribution to production efficiency, business, results of management, administration or control, night work, overtime,...) according to the company's salary regulations and must not exceed the above-mentioned salary fund.