Legal compliance with labor laws in Vietnam

A written employment agreement must be based on the principles of voluntariness, freedom, equality, and mutual respect. When entering into a labor contract, employees and employers must freely agree on employment contract requirements, and must fully demonstrate the rights and obligations of the parties to each other. This is protected by law and recognized in the Constitution, and is specified in the Labor Code and other relevant laws. However, in labor relations, employees are always in a weaker position, so when signing a labor contract, they are more or less in a passive position, following the instructions and instructions of the employer, leading to the possibility of their legitimate rights and interests being violated.

Aiming to build a harmonious and stable labor relationship between employees and employers, in order to protect their work hours and schedules, employees need to know the regulations on the rights and obligations that employees must perform and enjoy according to the provisions of the law. Only then can we limit the increase in violations of workers' rights.

1. Who are workers?

Workers are a large group of workers who play a special role in socio-economic development, who create material wealth to serve the life and development of society. According to Clause 1, Article 3 of the 2019 Labor Code, workers are people who work for employers according to an agreement, are paid and are managed, operated and supervised by employers.

Workers are individuals who directly participate in the labor process, can work by physical labor or mental labor, through actual labor behavior that is paid, working under the management of employers. The minimum working age for employees is 15 years old, except for the case of underage employees specified in Section 1, Chapter XI of the 2019 Labor Code.

Employees are a large group of workers who play a special role in socio-economic development
 

Employment contract requirements in Vietnam

2. Employee rights and obligations

The labor relationship established through a labor contract between an employee and an employer is a recognition of the rights and obligations of the parties to the other party. What are employee rights and obligations?

The rights of employees are recognized by law in Clause 1, Article 35 of the 2013 Constitution: "Citizens have the right to work, choose a career, employment and workplace". And Clause 1, Article 5 of the 2019 Labor Code also stipulates that employees have the right to "Work, freely choose a job role and responsibilities, occupation, learn a trade, improve their professional qualifications and not be discriminated against".

Along with the authority, Clause 2, Article 5 of the 2019 Labor Code also stipulates the obligations that employees must perform. Employees must: Implement labor contracts, collective labor agreements and other legal agreements. Comply with labor discipline, labor regulations, and comply with the management, operation and supervision of the employer. Implement the provisions of the law on labor, employment, vocational education, social insurance, health insurance, unemployment insurance and occupational safety and hygiene.

2.1 Laborer's rights

The rights of employees are always considered an important part of the system of human rights in general. According to Clause 1, Article 5 of the 2019 Labor Code, employees have the rights to:

• Work, freely choose work, workplace, occupation, vocational training, improve professional qualifications, not be discriminated against, forced labor, or sexually harassed at work.
• Receive wages appropriate to qualifications and professional skills based on agreements with employers; receive labor protection, work in conditions that ensure occupational safety and hygiene; take leave according to the regime, take compensation and benefits terms.
• Establish, join and operate in organizations representing employees, professional organizations and other organizations according to the provisions of law; implement democratic regulations, collective bargaining with employers and be consulted at the workplace to protect their legitimate and legal rights and interests; participate in management according to the employer's internal regulations.
• Refuse to work if there is a clear risk that directly threatens life and health during the performance of work.
• Unilaterally terminate the labor contract.
• Strike.
• Other rights according to the provisions of law. 

Understanding Vietnam Labor Law for Foreigners

2. Obligations of employees

Employees have the following obligations:

• Perform Employment contract requirements, collective labor agreements and Non-compete and confidentiality clauses agreements.
• Comply with labor discipline, labor regulations; comply with the management, termination and resignation conditions, operation and supervision of the employer.
• Implement legal provisions on labor, Probationary period terms, employment, vocational education, social insurance, health insurance, unemployment insurance and occupational safety and hygiene.

3. Prohibited acts in the field of labor

Article 8 of the 2019 Labor Code stipulates prohibited acts in the field of labor:

• Discrimination in labor.
• Abuse of workers, forced labor.
• Sexual harassment in the workplace.
• Taking advantage of vocational training and apprenticeship to profit, exploit labor or entice, entice, or force apprentices and trainees into illegal activities.
• Using untrained labor or labor without national vocational skill certificates for occupations and job role and responsibilities that require trained labor or labor with national vocational skill certificates.
• Attracting, enticing, promising, falsely advertising or other tricks to deceive workers or to recruit workers for the purpose of human trafficking, exploitation, forced labor or taking advantage of employment services, activities of sending workers to work abroad under contracts to commit illegal acts.
• Illegal use of minor labor.

When employees have legal knowledge and understand the rights and obligations of employees as stipulated by legal compliance with labor laws, they will know how to protect their own legal rights and interests, and limit violations and wrongdoings of labor law.

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