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Principles of worker protection in Vietnam

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Principles of worker protection in Vietnam. Guarantee the freedom to choose a job and career; pay salary (remuneration, salary) as agreed. Let us learn about this topic with LSX law firm as follow:

Principles of worker protection in Vietnam

The principle of worker protection Vietnam comes from the point that the main goal; and driving force of development are “for the people, promoting the human factor, first of all, the employees.”

The principle of protecting workers has a broad connotation; requiring the law to express a view of protecting them as a protector of people – the subject of labor relations.

Therefore, the principle of worker protection includes not only the purpose of protecting the labor force; the legitimate rights and interests of the workers; but also to protect workers in all aspects: employment, career, income, life, health, dignity, honor; a dash of themselves and their families, rest time, needs demand improvement of labor qualifications; association, and development in a healthy social and labor environment. 

Principles of worker protection: guarantee the freedom to choose a job and career

Clause 1, Article 5 of the Labor Code 2019 provides for the rights of employees:

Firstly, working; freedom to choose jobs, workplaces, occupations, vocational training, and professional improvement; not be subjected to discrimination, forced labor, or sexual harassment at work;

Secondly, to receive a salary suitable to vocational qualifications and skills based on an agreement with the employer; have labor protection, work in conditions that ensure occupational safety and hygiene; leave according to the regime, take annual leave with salary and enjoy collective benefits;

Thirdly, establish, join and operate in employee representative organizations, professional organizations, and other organizations as prescribed by law; request and participate in dialogues, implement democratic regulations; bargain collectively with employers and be; consulted at the workplace to protect their legitimate rights and interests; participate in management according to the rules of the employer;

Moreover, refuse to work if there is a clear; and direct threat to life and health in the course of performing the work; dd) Unilaterally terminate the labor contract;

Also Strike;

In addition, other rights as prescribed by law”.

The law provisions guarantee the right to freedom to choose employment, freedom to choose a workplace. In particular, there will be no discrimination; against female workers compared to male workers.

For employees to enjoy and exercise their rights mentioned above; the labor law recognizes the right to have a job and freely choose where to work; at the same time, it also stipulates the responsibility of the State, enterprises; and society in creating conditions for employees to have jobs and work. 

Principles of worker protection: pay salary (remuneration, salary) as agreed

Starting from the point of view: “labor-power is a commodity; salary (wage, remuneration) is the price of labor-power” the regulations on salary; promulgated by the State must accurately reflect the value of labor power.

Depending on the different characteristics and characteristics of each type of labor; the State shall prescribe a reasonable salary regime and comply with the following principles:

Firstly, high-qualified, creative, high-quality workers who work a lot are paid high wages and vice versa;

Secondly, equally qualified workers must be paid equally.

The Labor Code 2019 stipulates that an employee’s salary shall be agreed upon by the employee; and the employer but must not be lower than the minimum wage prescribed by the State.

At the same time, to ensure the rights of employees in receiving wages and salaries based on an agreement; the labor law also stipulates measures to protect workers’ and workers’ wages. 

Implement labor protection for employees

Starting from the point of view and perception: people are precious capital, the primary labor force of society. Therefore, protecting the health and safeguarding occupational safety; and hygiene for employees is the duty and responsibility of the State and enterprises.

Legal guarantees for employees to enjoy labor protection rights are shown in the following points:

Firstly, Guaranteed to work in occupational safety and health conditions;

Secondly, entitled to the regime of wearing personal protective equipment;

Thirdly, to enjoy health promotion regimes when doing heavy, hazardous, and dangerous jobs;

Moreover, to be able to arrange jobs suitable to their health; to apply shortened working hours for hazardous and arduous jobs;

In addition, to be guaranteed material conditions when examining and treating occupational accidents and occupational diseases. 

Principles of worker protection: ensuring workers’ right to rest

Rest is an indispensable human need. The right to rest is a fundamental right; enshrined in the Constitution and labor laws.

Based on the nature of each industry, profession, and labor characteristics in different areas, the State; in addition to stipulating a reasonable working time; also specifies a rest period for employees to create favorable conditions for employees. Conditions for them to restore health, reproduce labor power, and increase labor productivity. 

Respect for the representative rights of the labor collective

Employees working in enterprises, including private enterprises and state-owned enterprises; have the right to participate in the management of the enterprise under the internal rules; and regulations of the enterprise and the provisions of law; inspect and supervise the implementation of the requirements of the law on employment. Workers exercise these rights through their representative – the Trade Union.

The content of this principle is provided for in the Constitution, the Labor Code, and the Trade Union Law. The right to form, join and operate trade unions to protect their legitimate rights; and interests is one of the fundamental rights of employees; recognized and guaranteed by the labor law. These rights are specified in the Trade Union Law. 

Implement social insurance for employees

Social insurance is an indispensable activity in social life and even more vital for employees. It is a critical and practical guarantee, contributing to stabilizing the life of employees in risky situations.

The right to enjoy social insurance is one of the fundamental rights of employees recognized and protected by law. The State and employers are responsible for implementing insurance regimes for employees.

The content of this principle is that employees of all economic sectors, regardless of occupation; social class, religion, gender, if they are involved in labor relations, contribute to social insurance. All associations under the labor law are guaranteed material conditions in case of temporary; or permanent loss of working capacity or job to help them overcome difficulties; stabilize their lives, create conditions for employees to work with peace of mind, promote production development.

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Related questions

What is an employee ?

In general, an employee is a person who works for an employer under an agreement; is paid a salary; and is subject to the management, administration and supervision of the employer.

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

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