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Pursuant to the Constitution 1992 of the Socialist Republicof Vietnam amended and supplemented under the Resolution No. 51/2001/QH10;
The Labor Code specifies the labor standards; the rights,obligations and responsibilities of the employees, the employers, the laborrepresentative organizations, the employer representative organizations in thelabor relation and other relations directly related to the labor relation, theState management of labor.
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1. Employees are people from 15 years old and above, capableof working, working under labor contracts, receiving salaries and subject tothe management of the employers.
2. The employers are enterprises, agencies, organizations,cooperatives, households and individuals hiring, employing employees underlabor contracts. The individuals must be sufficiently capable of civil acts.
3. The labor collectives are organized collectives of theemployees working for one employer or in one division under the organizationalstructure of the employer.
4. The internal labor representative organizations are theexecutive board of the internal Union or the executive board of the direct superiorUnion if the internal Union has not been established
5. The employer representative organizations areorganizations legally established to represent and protect the lawful rightsand interests of the employers in the labor relation.
6. Labor relation is the social relation occurring whilehiring or employing, paying salaries between the employee and the employer.
7. Labor dispute is the dispute over the rights, obligationsand interests arising in the labor relation.
The labor disputes include the personal labor disputebetween the employee and the employer, and the collective labor dispute betweenthe labor collective and the employer.
8. Collective labor dispute over rights is the disputebetween the labor collective and the employer arising out of the inconsistentexplanation and implementation of the law provisions on labor, the collectivelabor agreement, the labor regulations and other lawful agreements andregulations.
9. The collective labor dispute over interests is the labordispute arising when the labor collective requests the establishment of newworking conditions compared to the law provisions on labor, the collectivelabor agreement, labor regulations and other lawful agreements and regulationsduring the negotiation between the labor collective and the employers.
10. Coercive labor is the use of force, the threat to useforce or other tricks to coerce other people to work involuntarily.
1. Ensuring the legitimate rights and interests of theemployees; encouraging agreements that ensure more favorable conditions for theemployees than that in the law provisions on labor; encouraging employees topurchase stocks and contribute capital to the production and businessdevelopment.
2. Ensuring the lawful rights and interests of theemployers, managing labor in a legal, democratic, equitable, civilized manner,and enhance the social responsibilities.
3. Facilitating the employment creation, self-employment,vocational training and learning towards employment opportunities, facilitatingthe production and business that attract a lot of labor.
4. Planning the development and distribution of labor force;providing vocational training and skill improvement courses for employees,offering incentives to employees with great professional expertise that satisfythe modernization and industrialization requirements of the country.
5. Planning the labor market development, diversifying themeans of connection between the labor supply and demand.
6. Guiding the communication and collective negotiationbetween employees and employers, building stable, progressive and harmoniouslabor relations.
7. Ensuring the gender equality; imposing labor regulationsand social policies in order to protect female employees, disabled employees,elderly employees and underage employees.
a) Work, independently select works, vocations, getvocational training and improvement without discrimination;
b) Receive salaries consistently with the vocational skillsand grade on the basis of the agreement with the employer; receive workprotection, work in safe and hygienic conditions; take official leave, paidannual leave and enjoy collective benefits;
c) Establish, join and participate in activities of theUnion, professional organizations and other organizations as prescribed by law;request and participating in discussions with the employer, exercise thedemocratic regulation and get consultancy at workplaces in order to protect thelawful rights and interests; participate in the management under theregulations of the employer.
a) Employ, arrange and manage labor according to the demandfor production and business; commend and discipline for violations of labordiscipline;
b) Establish, join and participate in the activities ofprofessional organizations and other organizations as prescribed by law;
c) Request the labor collective to discuss, negotiate andconclude the collective labor agreement; participate in settling labor disputesand strikes; discuss with the Union about the problem in labor relations,improve the material and mental life of the employees;
a) Perform the labor contract, collective labor agreementand other agreements with employees, respect the honor and dignity ofemployees;
b) Establish the mechanism and discuss with the laborcollective at the enterprise and strictly observe the internal democraticregulations;
c) Make the labor management book, salary book and presentthem at the request from competent agencies;
d) Declare the employment within 30 days as from startingthe operation, periodically make and send reports on the change in the laborstatus during the operation to local State labor management agencies;
1. Labor relation between the employee or the laborcollective with the employer is established through communication, negotiationand agreement in a voluntary, affable, equitable, cooperative manner, in whichthe lawful rights and interests are mutually respected.
2. The Union, the employer representative organizationsshall join the State agencies in building the stable, progressive andharmonious labor relations, supervising the implementation of law provisions onlabor; protecting the lawful rights and interests of employees and theemployers.
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1. Discrimination by sex, race, social class, maritalstatus, belief, religion, discrimination against HIV sufferers, disabled peopleor against the reasons for establishing, joining and participate in the Unionactivities.
4. Exploiting vocational training and apprenticeship to makeprofit, exploit labor or entice, coerce the vocational learners, apprenticesinto committing unlawful acts.
5. Using untrained employees or employees without nationalvocational certificates to do the jobs that required trained employees oremployees with national vocational certificates
6. Deceitfully enticing and advertising in order to cheatemployees or exploiting the employment services to contractually send employeesabroad to commit unlawful acts.
2. The State, the employers and the society are responsibleto create employments and ensure that everyone capable of working is offeredemployment possibilities.
2. The employee may directly contact the employee or via theemployment services to seek employment towards their expectations, vocationalgrade and health.
The employer is entitled to employ labor directly or viaemployment services, or outsourcing service providers. The employer is entitledto increase or decrease the labor depending on the production and businessdemand.
1. The State shall determine the target for employmentincrease in the five-year and the annual socio-economic development plans.
Depending on the socio-economic condition in each period,the Government shall present the National Assembly to approve the Nationalprogram of vocational training and employment.
2. Establishing the policies on unemployment insurance andincentives for employees to create self-employment, support employers thatemploy females, disabled people or people from ethnic groups.
3. Encouraging and facilitate the investment in productionand business development of domestic, foreign organizations and individuals inorder to create more employments.
5. Establishing the National fund of employments to grantpreferential loans for employment creation and other activities as prescribedby law.
1. People’s Committees of central-affiliated cities andprovinces (hereinafter referred to as provincial People’s Committees) shallestablish and present the local employment programs to the People’s Council atthe same level for approval.
2. Other employers, State agencies, enterprises,socio-political organizations, social organizations, within their scope ofduties and authority, are responsible to participate in the employmentprograms.
1. Employment service organizations shall provideconsultancy, offer employments and provide vocational training to employees;supply and recruit labor at the request of the employer; collect and provideinformation about the labor market, and perform other duties as prescribed bylaw.
2. Employment service organizations include employmentservice centers and enterprises providing employment services.
Employment service centers are established and operated inaccordance with the Government’s provisions.
The enterprises providing employment services areestablished and operated as prescribed by the Law on Enterprise and must obtainthe Licenses to provide employment services issued by provincial State labormanagement agencies.
3. Employment service organizations are eligible forcollecting fees, for tax exemption and reduction as prescribed by lawprovisions on fees and law provisions on tax.
A labor contract is an agreement between the employee andthe employer on the paid job, the work conditions, the rights and obligationsof each party in the labor relation.
1. A labor contract must be concluded in writing and madeinto 02 copies, the employee shall keep 01 copy, the employer shall keep 01copy, except for the case prescribed in Clause 2 this Article.