Rights and obligations of employees and employers in accordance with the laws of Vietnam
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Legal grounds:
Labor Code 2019
Rights and obligations of employees
After entering into a labor contract, the employee has the following rights:
- Work; freedom to choose jobs, workplaces, occupations, vocational training, and professional improvement; not be discriminated against, forced to work, or sexually harassed at work;
- To receive a salary suitable to vocational qualifications and skills on the basis of 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;
- To establish, join and operate in employee representative organizations, professional organizations and other organizations in accordance with law; request and participate in dialogues, implement democratic regulations, bargain collectively with employers and be consulted at work to protect their legitimate rights and interests; participate in management according to the rules of the employer;
- So, Refuse to work if there is a clear and direct threat to life and health in the course of performing the work;
- Finally, Strike.
Besides, the employee has the following obligations:
- Implementation of labor contracts, collective labor agreements, and other legal agreements;
- Strictly comply with labor discipline and regulations; comply with the management, administration, and supervision of the employer;
- Obey with the provisions of the law on labor, employment, vocational education, social insurance, health insurance, unemployment insurance, and occupational safety and hygiene.
Rights and obligations of the employer
Like employees and employers after signing a contract. must strictly perform the following rights and obligations:
Employers have the following rights:
- Recruitment, arrangement, management, administration, and supervision of labor; reward and handle violations of labor discipline;
- So, establishing, joining, and operating in employer representative organizations, professional organizations, and other organizations in accordance with law;
- To request the representative organization of employees to negotiate for the purpose of signing a collective labor agreement; participate in the settlement of labor disputes and strikes; dialogue and exchange with representative organizations of employees on issues in labor relations, improvement of the material and spiritual life of employees;
- Finally, Temporary closure of the workplace;
Employers have the following obligations:
- Implementation of labor contracts, collective labor agreements, and other legal agreements; respect the honor and dignity of employees;
- So, Establish a mechanism and conduct dialogue and exchange with employees and employee representative organizations; implement democratic regulations at the grassroots in the workplace;
- Training and retraining, fostering to improve professional qualifications and skills in order to maintain and change careers and jobs for employees;
- Comply with the provisions of the law on labor, employment, vocational education, social insurance, health insurance, unemployment insurance, and occupational safety and hygiene; develop and implement solutions to prevent and combat sexual harassment in the workplace;
- Finally, Participate in the development of national occupational skills standards, assessment and recognition of occupational skills for workers.
Related article:
Employee’s right to unilaterally terminate the labor contract in accordance with Vietnamese law
Rights of employees when working in Vietnam
Related questions:
So, the strike is an employee’s temporary, voluntary, organized cessation of work in order to achieve requirements in the process of settling labor disputes and is a representative organization of workers with the right to collective bargaining. The party to the labor dispute is organized and led.
Entering into a contract is when the parties express to each other their will to establish, change or terminate the rights and obligations in the contract on the basis of compliance with the principles prescribed by law.
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