Tiếng Việt
中文 (中国)
Labor is a relatively abstract concept in Vietnam, present every day in social life. Labor is the foundation of a civilized society, the most basic force for social construction. In the following article, ASL Law Firm will analyze some basics about the concept of labor in Vietnam.
The Labor Code 2019 clearly stipulates common concepts surrounding labor, including:
- Employee: A person who works for the employer under an agreement, is paid a salary, and is subject to the management, administration, and supervision of the employer.
It should be noted that not everyone can be an employee but only those who are of full age (from full 15 years old, unless otherwise specified) and fully satisfy other conditions and requirements as prescribed by law to join the labor force.
- Employers: Enterprises, agencies, organizations, cooperatives, households and individuals that hire or use employees to work for them as agreed; In case the employer is an individual, he/she must have full civil act capacity.
- Labor contract: An agreement between an employee and an employer on paid employment, wages, working conditions, rights, and obligations of each party in the labor relationship.
- Labor rules: Contents and terms to establish regulations and working rules at agencies and organizations. Labor regulations include the contents of working time, rest time, occupational safety and health, order at the workplace, etc.
- Labor discipline: The regulations on compliance with time, technology and production, and business management are promulgated by the employer in the labor regulations and as prescribed by law.
- Labor relations: Social relations arise in hiring, using labor, and salary payment between employees, employers, representative organizations of the parties, and competent state agencies. Labor relations include individual labor relations and collective labor relations.
However, Vietnamese laws do not have specific provisions on the concept of ‘labor’.
General concept of labor
Although there is no specific definition or concept in the laws, “labor” in Vietnam can be understood as a collection of intentional actions, human purposes, using tools and means of labor to create wealth, material and other assets in service of life, economic and social development.
Labor is the source of human life. Labor creates wealth and material things in different forms to help feed and develop society. On the contrary, as payment for that dedication, employees will receive commensurate remuneration, most commonly in the form of salary, bonus, and allowance.
Labor plays a very important role in society. Without labor, there would be no society.
Labor has many important roles, but for people and employees, the role of generating income for employees, helping to feed employees and their families is the most important.
Only with labor can people generate income. The exchange of money and products, human labor is an exchange that creates a source of income to support and enrich people, to help the organization of employees, and to the country in which the organization is headquartered.
Further, labor helps a group of countries in particular and the world, in general, to develop, although at that scale, the impact of one labor, one employee is very small.
It is because of such an important influence of labor that Vietnam and other developed, developing and underdeveloped countries all have strict regulations on labor, because labor is the most basic factor for national development.
The high regard of the Government of Vietnam is clearly demonstrated through the continuous revision, update, and supplementation of current labor regulations.
For example, the Labor Code 2019, which took effect from January 1, 2021, has 3 decrees that are Decree 152/2020/ND-CP, Decree 145/2020/ND-CP, Decree 135/2020/ ND-CP, and 3 circulars that are Circular 09/2020/TT-BLDTBXH, Circular 10/2020/TT-BLDTBXH, Circular 11/2020/TT-BLDTBXH amending and guiding the implementation of the Labor Code 2019.
According to Decision 24/QD-TTg dated January 6, 2020, Vietnam is expected to have a total of 14 Decrees, 06 Circulars and 01 Prime Minister’s Decision to guide the Labor Code 2019.
ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.
|
***Other service of ASL LAW – full service Vietnam law firm *** |
|
|
|
|
||
|
Oversea investment consultancy for Vietnamese enterprises |
|
|
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
