Rights of employees when working in Vietnam

by NguyenThiThuTrang

Today, LSX Lawfirm will give you an article about: “Rights of employees when working in Vietnam”, as follows:

Labor Code 2019

Increase retirement age to enjoy pension

To be entitled to a pension, employees must meet the conditions for the number of years of insurance coverage as well as their age.

– Full 20 years of social insurance payment  (no change compared to the present);

– Full 62 years old for men by 2028 and full 60 years old for women by 2035.

Protected by employment contract in many cases

In case the employee and the employer agree by another name but have content showing paid jobs, wages, and the management, administration, and supervision of one party, it is considered a contract is called a labor contract.

No more seasonal labor contracts

Labor contracts can only be entered into one of the following categories: An indefinite term labor contract or a definite term labor contract.

It shows that this regulation has eliminated the type of contract according to the season or for a certain job with a term of fewer than 12 months in order to ensure more benefits for employees.

To unilaterally terminate the contract without reason

Instead of having to have a reason and strictly follow the notice before terminating the contract, here, the employee can quit more easily.

This regulation aims to create conditions for employees to have better job opportunities, suitable for themselves as well as to help businesses have time to arrange and arrange replacement personnel.

Get off work without prior notice

Allowing employees in some cases to quit without prior notice. Specifically, when:

– The wrongly assigned work, place of work or the agreed working conditions are not safe

– Salary is not enough or not on time.

– Being abused, beaten by the employer or having insulting words or acts, acts affecting health, honor, and dignity; forced labor;

– Being sexually harassed at work,…

Can authorize others to receive salary

Compared to before, Article 94 of the Code on the principles of salary payment has added a case where employees cannot receive wages directly. At this time, the employee can authorize someone else to receive the salary on his behalf.

Can reward in cash, in-kind, or other forms

The Labor Code 2012 stipulates that the reward for employees is money and specifically “bonus”. But for the Labor Code 2019 has replaced “bonus” with  “reward”.

Halftime break but not included in working hours

Employees who work 6 hours or more in a day have at least 30 minutes of rest between hours. And at night, they have at least 45 minutes of rest between hours.

Have more days off with full salary

In the near future, employees will have 2 days off on National Day. It means bring the total number of public holidays and New Year holidays in the year to 11 days.

In addition, the Code has also added a case where an employee can take a leave of absence and still receive the same salary. That’s when the adoptive father and adoptive mother died, the workers get 3 days off.

Dismiss immediately with the sexual harasser

Article 125 of the new Labor Code on the application of the disciplinary form of dismissal has added the act of “sexual harassment at work”.

Female employees give priority to enter into contracts

Besides the previous forms of maternity protection for female workers such as not arranging night work, overtime, going on a business trip when pregnant from the 7th month, or raising a child under 12 months old… Another benefit that female employees have for the Labor Code 2019 is:

In case the labor contract expires while the female employee is pregnant or raising a child under 12 months old. She shall give priority to entering into a new labor contract.

Related articles:

Rights and obligations of employees and employers in accordance with the laws of Vietnam

New regulations employees should know in labor contracts from 2021

Related questions:

Can an employee unilaterally terminate a labor contract ahead of time?

According to current regulations of law, the employee has the right to unilaterally terminate the contract without reason but must give notice within a definite period of time to the employer. Therefore, the Employee can unilaterally terminate the labor contract ahead of time.

How many times is an enterprise allowed to try a job?

The probationary period shall be agreed upon by the two parties based on the nature and complexity of the job, but only once for a job. Accordingly, an enterprise is only required to have one probationary period for one job as agreed by the parties.
However, the law does not prohibit trying multiple jobs with different jobs at the same enterprise. That is, the employer and the employee can completely agree to try many times, but each probationary period can only perform a job.

Contact LSX Lawfirm

Finally, hope this article is useful for you to answer the question about: “Rights and obligations of employees and employers in accordance with the laws of Vietnam. If you need any further information, please contact LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

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