The employee and the employer are always two subjects associated with each other in the labor relationship. Both parties have their own rights and obligations. So about the matter “Employer’s labor management rights under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Labor Code 2019
The concept of labor management rights
The right to manage labor is an indispensable right in the process of maintaining the labor relationship in particular and in the production and business process in general. Only the employer has this right. In the labor field in general and in the legal field in particular, the labor management rights of the employer are considered under different aspects:
Firstly, from the socio-economic aspect, the right to manage labor is subjective. It is the form of power used in the labor process by the employer. For employers, this right is both a means to help them maintain order in the labor process and a basis for affirming their strengths.
Secondly, the right to manage labor is considered a system of legal provisions on the rights of employers to help them maintain the order of the working process. In this respect, the employer’s right to manage labor is objective.
Employer’s labor management rights under Vietnam law
The right to manage labor is an integrated power, including many different activities. Specifically, the contents of labor management rights include:
Right to select, arrange and arrange labor.
Recruitment is the first step in recruitment activities. During the labor selection process, the employer has begun to use and promote the advantage of power. Employers have the right to unilaterally decide whether or not to accept employees. Moreover, in other stages of the labor selection process, the employer must also use management rights. Therefore, it can be understood that the selection of labor is the first stage, an important premise to create conditions and actually created the situation of labor management.
When receiving employees, the employer has the right to arrange and arrange work. Usually, the employment contract only refers to the type of work that the employee will undertake. Specific work will be arranged by the employer depending on the requirements of production, business and the ability of each person. For example, the labor contract stipulates the working position of the employee who is a salesperson, but specific issues such as what product the employee will be in charge of, which customer group or location will be decided by the employer. In addition, the arrangement of labor is also expressed in another form, which is the case of transferring employees to do other jobs than their current jobs.
Right to promulgate rules and regulations, to issue orders and decisions.
One of the clearest and most profound manifestations of the right to manage labor is the right to promulgate rules, regulations, and make decisions to manage the production and business process or perform jobs according to the functions of the employer. employer has been identified. Promulgating internal regulations is the legal basis for the employer to exercise the right to manage labor. In certain cases, the promulgation of labor regulations is prescribed as a mandatory obligation before the State (Clause 1, Article 119 of the Labor Code 2019). However, not all employers employ up to 10 employees, so the State does not require such units to have internal labor regulations. Therefore, in this case, the employer can (have the right) to use other means to create a legal basis to maintain the general order of its unit.
During the working process, the employer will make specific requirements and instructions suitable for each job through orders and decisions. In addition, the employer also has the right to evaluate the performance of the employee. Evaluation of work efficiency is both a basis for employers to find solutions to improve the working efficiency of employees, as well as a basis for employers to make reasonable decisions in many issues such as layout, labor transfer, salary increase, reward, disciplinary action, etc. However, the orders and decisions of the employer must be within the framework of the law. Therefore, employees have the right to refuse to comply with illegal orders.
Right to organize and operate activities
When it comes to the organization and management of production and business activities or the performance of the work of the employer unit, it is the act of direct instruction of the employer. The act of directing and administering is also indirect, through the activities of subordinates with certain powers assigned by the employer (for example, general director, director, department heads, etc.) , ban, …) by way of decentralization or contract.
Right to inspect and supervise
Inspection and supervision is an important content of labor management rights. The process of labor management requires not only the promulgation of rules or directives, but also the inspection and evaluation of the employee’s performance of obligations. It will not be possible to maintain normal compliance with the rules without monitoring the working process of employees. The inspection and supervision is carried out through the inspection and supervision mechanism set by the employer. At the same time, the inspection and supervision process must comply with the principles and measures implemented through the operation of departments or individuals with the function of labor inspection and supervision. Employers rely on the results of those departments and individuals to make appropriate decisions to maintain and stabilize order at the workplace and in the entire working process.
Right to handle violations of labor discipline
Handling of violations is the most obvious and strongest demonstration of the unilateral power of the employer. Violation handling creates advantages, demonstrating the positivity to the labor management process. The regulations issued by the employer as well as the executive orders they give can hardly be guaranteed to be implemented in practice if the employer does not have the right to handle violations of the employee. Usually, the discipline is to help employees correct their shortcomings, prevent other disciplinary violations and ensure the efficiency of production and business activities. An employee will have to be more cautious knowing that the employer is monitoring his or her work process. The employee will also consider his/her behavior knowing that if he/she violates the code of conduct set by the employer, he/she may suffer adverse consequences from that employer’s handling of the violation.
However, in addition to recognition, the law also sets certain limits to prevent employers from abusing this power and making arbitrary, arbitrary, unjust or harsh disciplinary decisions. . The right to disciplinary action is limited to the following: The law requires the employer to inform the employee of the acts considered as a violation of discipline and the legal consequences of the performance of such acts; in the employee’s behaviors closely related to the labor relations; regulations on procedures and evidence, etc. When there is a violation of discipline and is at fault for the occurrence of such violation, the employee will be disciplined. At the same time, when disciplining an employer, it must be grounded and must comply with the principles and procedures prescribed by the labor law. Currently, according to Article 125 of the Labor Code in 2019, an employer can apply one of three forms of labor discipline, including: reprimand; Extend the salary increase period not more than 6 months or transfer to another job with lower salary for a maximum period of 6 months or remove from office; Dismissal.
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Please see more
- Does the company have to sign a labor contract in Vietnam?
- Penalties when the company does not sign a labor contract in Vietnam
- Labor discipline under Vietnam law
Frequently asked questions
State management of labor is one of the fields of management of the State through competent state agencies, based on the management content, using management measures to influence the subjects. manage, ensure and promote labor relations, the labor market develops according to the orientations set by the State.
State management of labor includes the relationship between the State and the employer and the relationship between the State and the employee.
Discuss with others who have the right to choose the method by themselves:
First, the right to manage labor is a unilateral power. Employers are not responsible for optimal management for work efficiency. However, the employer can still consult around to decide or compromise while making a decision.
Second, the employer has comprehensive control over the general activities as well as the behavior of each employee in different ways and methods.
Third, employers are entitled to apply various methods, including legal responsibilities, to ensure the effective exercise of power.
Fourth, the right to manage labor is administrative. When it comes to management, it is necessary to refer to the authority, subject, measures, procedures, means, objects, space, time, … related to the behavior and management process.
Fifth, the right to manage labor is a limited power. The right to manage labor is only within the scope of the employer unit and cannot cross that boundary, both in terms of geography, political, social and legal status.
The employer’s right to manage labor arises from the following bases:
– Derived from the principles of cybernetics and the science of systems
– Derived from property rights, ownership rights, and property management rights.
– Derived from the requirement to control the labor transfer process of employees.
– Derived from the goals of productivity, quality and efficiency of the production, business and operation organization of the employer.
– Derived from the rule of law.
What are the characteristics of the right to manage labor according to current regulations?
Discuss, discuss with others who have the right to choose the method by themselves:
First, the right to manage labor is a unilateral power. Employers are not responsible for optimal management for work efficiency. However, the employer can still consult around to decide or compromise while making a decision.
Second, the employer has comprehensive control over the general activities as well as the behavior of each employee in different ways and methods.
Third, employers are entitled to apply various methods, including legal responsibilities, to ensure the effective exercise of power.
Fourth, the right to manage labor is administrative. When it comes to management, it is necessary to refer to the authority, subject, measures, procedures, means, objects, space, time, … related to the behavior and management process.
Fifth, the right to manage labor is a limited power. The right to manage labor is only within the scope of the employer unit and cannot cross that boundary, both in terms of geography, political, social and legal status.
Conclusion: So the above is Employer’s labor management rights under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
