Labor standards impact labor relations in Vietnam

by DungTran

Labor standards impact labor relations in Vietnam. What is the concept of labor in Vietnam? And what are the working conditions in Vietnam? Let us learn about this topic with LSX law firm as follow:

What are the working conditions in Vietnam?

Accordingly, working conditions are the sum total of natural, social, economic, and technical factors expressed by tools; means of work, objects of work, working environment; technological processes in a certain time and the arrangement; arrangement, also interaction between those factors on the employees; creating a certain condition for the employees in the working process. 

Working conditions include: work must do, working time, rest time, working location, conditions on occupational safety; occupational hygiene, also social insurance, salary, bonus and allowances, and labor norms for employees.

These conditions are specified in different legal documents suitable for different types of workers; such as working conditions for female employees, working conditions for female employees; etc. minors, working conditions for elderly employees, working conditions for disabled employees; working conditions for employees with high professional and technical qualifications, labor for some other types of labor… 

Labor standards impact labor relations in Vietnam

Regulations on salary impact labor relations in Vietnam

On the basis of recommendations of the National Wage Council; the minimum wage is adjusted annually in accordance with the development process of each period.

The salary of the employee is determined by the employee with the employer on the basis of employment, labor results and the wage level in the market. The State does not interfere in the salary policy and salary payment mechanism of enterprises.

In general, the negotiation and agreement on wages between employees; representatives of the workers’ collective and the employer have not been interested by the parties. Many enterprises have not yet implemented the construction of salary scale; salary table and do not provide sufficient information about salary to employees, so workers lack information to negotiate salaries; The role of the grassroots trade union in negotiating salary policy, the salary scale system of employees has not been promoted; many businesses do not have the content of the agreement on salary in the collective labor agreement. 

Therefore, in the past time, about 80% of strikes occurred due to disputes over wages, mid-shift meals, and bonuses. 

Regulations on working time and rest time impact labor relations in Vietnam

The Labor Code stipulates working time and rest time, in which the working hour in a day does not exceed 8 hours; and the working hour in a week does not exceed 48 hours. In addition, the labor law also stipulates the standard of overtime; the employer has the right to mobilize the employee to work overtime for no more than 4 hours a day; 30 hours a month and 200 hours a year; In special cases, the employer also has the right to agree with the employee on mobilizing overtime not exceeding 300 hours per year. 

Regulations on Occupational Safety and Health in Vietnam

The Labor Code 2019 and the Law on Occupational Safety and Health 2015 stipulate the roles and responsibilities of agencies, enterprises, and employees in ensuring occupational safety and health, organizing the management of occupational safety and hygiene in production and business establishments, policies and regimes for people suffering from occupational accidents and diseases; collective representatives of employees have the right to negotiate agreements with employers on issues related to occupational safety and health.

Report on Labor Relations, ensuring better and more beneficial working conditions for employees than prescribed by law.

However, in reality, the working conditions of workers in many places are still not guaranteed. Many workers have to work in a heavily polluted environment such as heat, dust, noise, and vibration exceed the permissible standards. That has adversely affected the health of workers, causing occupational diseases. On average, every year, the units have measured and tested the working environment with nearly 550,000 samples. Also the number of samples to measure and check the working environment exceeds the allowable standards by over 10%, has not tended to decrease, focusing on radioactive elements, magnetic fields, dust, noise, light, vibration, and toxic gases. Many toxic heavy and especially toxic heavy occupation titles have not been updated and promulgated in reality to serve as a basis for the settlement of benefits and benefits for employees.

Standards of welfare and social security in Vietnam

Social insurance is a guarantee of replacement or partial compensation of an employee’s income; when they have a reduction or loss of income due to illness, maternity, work accident, occupational disease, end of working age, or death, on the basis of contributions to the social insurance fund. 

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Related questions

What is the concept of labor in Vietnam?

In general, Labor is the performance of certain jobs by an employee according to an agreement with the employer; paid a salary, and subject to the management, administration, and supervision of the employer

Labor law relations in Vietnam

Labor relations are social relations arising in the employment; and payment of wages between employees, employers, representative organizations of the parties, also competent state agencies. Labor relations include individual labor relations and collective labor relations. 

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