What are rights and obligations of employees and employers under Viet Nam Labor Law?

hà ngọc July 5, 2022

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Posts : What are rights and obligations of employees and employers under Viet Nam Labor Law? In the section LSX Lawfirm

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Labor relationships are essential to the economic development of every countries. Two main subjects in labor relationships are employees and employers. Viet Nam Labor Law has regulations on rights and obligations of employees and employers. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask if Viet Nam State has any significant policies on labor or not? How are rights and obligations of employees and employers regulated in Viet Nam? Thanks for answering me!”

Legal grounds

Viet Nam Labor Code

Viet Nam State policies on labor

Viet Nam State has significant policies on labor as follows:

– To guarantee the lawful and legitimate rights and interests of employees and persons working without industrial relations; to encourage agreements that provide employees with conditions more favorable than those prescribed by the labor law.

– To guarantee the lawful rights and interests of employers, ensure lawful, democratic, fair and civilized management of labor, and promote their social responsibility.

– To create favorable conditions for job creation, self-employment, and job training and learning activities in order to acquire employment, and for labor-intensive production and business activities; to apply a number of provisions of this Code to persons working without industrial relations.

– To adopt policies on the development and distribution of human resources; to increase labor productivity; to provide training and further training to raise occupational qualifications and skills for employees; to support job maintenance and change for employees; to provide preferential treatment for highly professional and technically qualified employees who meet the requirements of industrial revolution and national industrialization and modernization.

-To adopt policies to develop the labor market and diversify forms of linkage between labor supply and demand.

– To encourage employees and employers to hold dialogues and collective bargains and establish progressive, harmonious and stable industrial relations.

– To ensure gender equality; to prescribe labor regimes and social policies aiming to protect female as well as employees with disabilities and elderly and minor employees.

Regulations on rights and obligations of employees

– The employee has the following rights:

To work; to freely choose a job, a workplace or an occupation, receive vocational training and improve occupational qualifications; to suffer no discrimination, forced labor or sexual harassment at the workplace;
To receive a wage commensurate with his/her occupational qualifications and skills as agreed upon with the employer; to receive labor protection and to work in conditions where their occupational safety and health are assured; to take leaves according to the prescribed regime and paid annual leaves, and enjoy collective welfare benefits;
To form, join and operate in employees’ representative organizations, occupational associations and other organizations in accordance with law; to request and participate in dialogues with the employer, implement democracy regulations, hold collective bargains with the employer, and be consulted at the workplace to protect his/her lawful and legitimate rights and interests; to participate in management work according to the employer’s regulations;
To refuse to work if emerges a clear risk directly threatening his/her life or health during job performance;
To unilaterally terminate his/her labor contract;
To go on strike;
To exercise other rights in accordance with law.

– The employee has the following obligations:

To perform his/her labor contract, the collective labor agreement and other lawful agreements;
To observe labor discipline and internal working regulations; to abide by the employer’s management, administration and supervision;
To implement the laws on labor, employment, vocational education, social insurance, health insurance, unemployment insurance, and occupational safety and health.

Regulations on rights and obligations of employers

– The employer has the following rights:

To recruit, assign tasks to, manage, administer and supervise employees; to perform commendation work and handle breaches of labor discipline;
To form, join and operate in employers’ representative organizations, occupational associations and other organizations in accordance with law;
To request the employees’ representative organization to hold bargains for the purpose of signing a collective labor agreement; to participate in the resolution of labor disputes and strikes; to hold dialogues and exchange opinions with the employees’ representative organization on issues concerning industrial relations and improvement of material and spiritual lives for employees;
To temporarily close the workplace;
To exercise other rights in accordance with law

– The employer has the following obligations:

To perform labor contracts, the collective labor agreement and other lawful agreements; to respect the honor and dignity of employees;
To establish a mechanism for and hold dialogues and exchanges of opinions with employees and the employees’ representative organization; to implement the regulations on grassroots-level democracy at the workplace;
To provide training, retraining and further training for raising occupational qualifications and skills in order to maintain or change occupations or jobs for employees;
To implement the laws on labor, employment, vocational education, social insurance, health insurance, unemployment insurance, and occupational safety and health; to work out and implement solutions for preventing and combating sexual harassment at the workplace;
To participate in developing national occupational skills standards, and evaluating or recognizing occupational skills for employees.

Regulations on establishment of industrial relations

– Industrial relations shall be established through dialogue, bargaining or agreement on the principles of voluntariness, goodwill, equality, cooperation and respect for each other’s lawful rights and interests.

– Employers, employers’ representative organizations as well as employees and employees’ representative organizations shall establish progressive, harmonious and stable industrial relations with the assistance from competent state agencies.

– Trade union organizations shall join competent state agencies in facilitating the establishment of progressive, harmonious and stable industrial relations; supervise the implementation of the labor law; and protect lawful and legitimate rights and interests of employees.

– The Vietnam Chamber of Commerce and Industry, Vietnam Cooperative Alliance and other lawfully established employers’ representative organizations shall represent and protect the lawful rights and interests of employers and participate in establishing progressive, harmonious and stable industrial relations.

Regulations on prohibited acts in the field of labor

There are prohibited acts in the field of labor as follows:

– Practicing labor discrimination.

– Maltreating employees or practicing forced labor.

– Committing sexual harassment in the workplace.

– Making use of apprenticeship or on-the-job training for seeking personal gains, exploiting labor, or enticing, inducing or compelling apprentices or on-the-job trainees to carry out illegal activities.

-Using untrained employees or employees who possess no national occupational skills certificates for occupations or jobs which require trained employees or require such certificates.

– Enticing, inducing, promising, making false advertisements, or using other tricks to deceive employees or recruit employees for the purpose of trafficking in humans, or exploiting or forcing labor, or making use of employment services or the sending of guest workers to commit illegal acts.

– Illegally using minor employees.

Services of Lawyer X

Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.

On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.

Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: Finally, all personal information of clients Lawyer X will be 100% confidential.

If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]

Frequently asked questions

Does Viet Nam State encourage agreements that provide employees with conditions more favorable than prescribed by the labor law?

Yes! Viet Nam State guarantee the lawful and legitimate rights and interests of employees and persons working without industrial relations; to encourage agreements that provide employees with conditions more favorable than those prescribed by the labor law.

Shall the employer have the right to perform commendation work and handle breaches of labor discipline?

Yes! The employer has the right to recruit, assign tasks to, manage, administer and supervise employees; to perform commendation work and handle breaches of labor discipline.

Shall the employer have the right to operate in employers’ representative organizations?

Yes! The employer have the right to form, join and operate in employers’ representative organizations, occupational associations and other organizations in accordance with law;