General provisions

General provisions

LABOR CODE

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, which was amended and supplemented some under Resolution No. 51/2001 / QH10;

Congress enacted the Labor Code.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

Labor law provisions of labor standards; rights, obligations and responsibilities of workers, employers who, organizations representing labor collectives, organizations representing employers in labor relations and other relations directly related labor relations; State management over labor.

Article 2. Subjects of application

1. Vietnam Workers, apprentices, apprentices and other workers are defined in the Code.

2. employers.

3. The work of foreign workers in Vietnam.

4. Agencies, organizations and individuals that are directly related to labor relations.

Article 3. Definitions

In this Code, the following terms are construed as follows:

1. The employee is a person from 15 years of age or older and have a working capacity, working under labor contracts, paid and subject to the management and administration of the employer.

2. The employers are enterprises, agencies, organizations, cooperatives, families and individuals who hire or employer according to the labor contract; an individual must be capable of full civil behavior.

3. Collective labor is organized gathering of employees working for an employer or in a part of the organizational structure of the employer.

4. Organization of labor collective representatives at the facility is the union executive committee or executive committee grassroots unions immediate superior facilities in places where the union premises.

5. Organizations representing employers who are held to be legally constituted, represent and protect the rights and legitimate interests of the employer in labor relations.

6. Labor relations are social relations arising in hiring, employers, paid between the employee and the employer.

7. Labor disputes are disputes about the rights, obligations and interests arising between the parties in labor relations.

Labor disputes include individual labor disputes between the employee and the employer and collective labor disputes between labor collectives with employers.

8. Collective labor dispute is a dispute between the rights of labor collectives with employers arising from the interpretation and implementation of various provisions of labor law, collective labor agreements , labor rules, regulations and other legal agreements.

9. collective labor disputes of interests are labor disputes arising from the collective labor requirements establish new working conditions compared with provisions of labor law, collective labor agreements possible labor rules or regulations, other legal agreement during collective bargaining between the employee and the employer.

10. Forced labor is the use of force, threat of force or other tricks to the labor force others left their will.

Article 4. State policy on labor

1. To ensure the legitimate rights and interests of workers; to encourage agreements guarantee workers conditions more favorable than the provisions of the labor law; policies to employees to buy shares or contribute capital to develop production and business.

2. To ensure the legitimate rights and interests of employers, labor management and lawful, democratic, equitable, civilized and enhance social responsibility.

3. Create favorable conditions for job creation activities, self-employment, vocational training and vocational training for employment; manufacturing operations, business attract more workers.

4. Policy development, distribution of human resources; vocational training, training, retraining and raising the level of professional skills for workers, incentives for workers with professional qualifications, high-tech to meet the requirements of industrialization and modernization of the country.

5. policies Labor market development, diverse forms of labor demand and supply connection.

6. Guidance workers and employers dialogue, collective bargaining, building harmonious labor relations, stability and progress.

7. Ensure that the principle of gender equality; labor regulation regime and social policies to protect women workers, workers with disabilities, older workers, workers are minors.

Article 5. Rights and obligations of workers

1. The employee has the following rights:

a) Work, free choice of employment, occupation and vocational training, advanced vocational qualifications and not be discriminated against;

b) Salary matching skill level on the basis of agreement with the employer; protected workers, working in conditions that ensure the occupational safety, occupational health; on vacation, paid annual vacation and enjoyed collective welfare;

c) To establish, join, union activities, professional organizations and other organizations in accordance with law; request and participate in dialogue with the employers, the implementation of democracy and consultation in the workplace to protect the legitimate rights and interests of their own; participate in the management under the rules of the employer;

d) unilaterally terminate the labor contract in accordance with law;

e) strike.

2. The employee shall have the following obligations:

a) Implementation of labor contracts, collective labor agreements;

b) To observe labor discipline, labor rules, obey the lawful direction of the employer;

c) Implementation of the provisions of the law on social insurance and the law on health insurance.

Article 6. The rights and obligations of employers

1. The employer shall have the following rights:

a) Recruitment, layout, operating labor-demand production and business; commendation and handling of violations of labor discipline;

b) To establish, join and active in professional organizations and other organizations in accordance with law;

c) Require the labor collective dialogue, negotiation and signing of collective labor agreements; participate in solving labor disputes, strikes; discussions with the union on issues of labor relations, improve material life and spirit of the workers;

d) Close the temporary workplace.

2. The employer has the following obligations:

a) Implementation of labor contracts, collective labor agreements and other agreements with employees, respect the honor and dignity of workers;

b) Establish and implement mechanisms for dialogue with the labor collective in the enterprise and strictly implement democratic regulations at grassroots level;

c) Make a book of labor management, payroll and produce when the competent authority so requests;

d) The Declaration of the employer within 30 days from the date of commencement of operations and periodically report on the changes in labor during the operation with state authorities about labor local;

e) Implement the provisions of the labor law, the law on social insurance and the law on health insurance.

Article 7. Labour Relations

1. The labor relations between workers or labor collective to the employer shall be established through dialogue, negotiation and agreement on the principles of voluntariness, goodwill, equality, cooperation, respect legitimate rights and interests of each other.

2. Trade unions, organizations representing employers who participated along with government agencies to support the development of labor relations harmony, stability and progress; monitor the implementation of the provisions of the labor law; protect the legitimate rights and interests of workers, the employer.

Article 8. Prohibited Acts

1. Discrimination on gender, ethnicity, color, social background, marital status, creed, religion, HIV, disability or for reasons founded, accession and activities guess.

2. worker abuse, sexual harassment in the workplace.

3. Forced labor.

4. Taking advantage of apprenticeship, apprentices in order to profit, labor exploitation or enticement, coercion apprentices, the apprenticeship in unlawful activities.

5. Employers are not trained or do not have the certificate of national vocational skills for occupations and jobs employers have been trained or certified to national vocational skills.

6. Enticing, promises and false advertisements to deceive or exploit workers employment services, the sending of laborers to work abroad under contracts to perform illegal acts.

7. Employers illegal minors.

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