The relationship between the employee and the employer is established through an employment contract. To limit disputes arising as well as to resolve disputes, both parties need to abide by their rights and obligations.
In the relationship with the employer, the employee is always in a weak position, being controlled and dependent on the employer. Therefore, the rights of workers have great significance and are covered in many different aspects.
Article 5. Rights and obligations of employees
1. An employee has the rights to:
a) work, freely choose an occupation, workplace, or occupation; participate in basic and advanced occupational training; develop professional skills; suffer no discrimination, forced labor, and sexual harassment in the workplace.
Employees have the right to work, to freely choose their profession, occupation, and workplace. This is one of the most essential human rights in the labor code.
In addition, employees can also be trained to develop professional skills, not subject to any discrimination as well as forced labor or sexual harassment in the workplace.
Salary is the amount of money that the employer pays to the employee for performing the work as agreed. Therefore, salary means a lot to employees, helping them and their families to have a stable life.
To ensure/guarantee the salary of employees, the law stipulates the employer to pay salary which is commensurated with their occupational skills based on an agreement. Workers are paid equally, regardless of gender. Moreover, employees are provided with personal protective equipment and work in an occupationally safe and healthy environment
Employees are also entitled to social benefits such as statutory sick leaves, annual paid leaves and receive collective welfare benefits.
b) receive a salary commensurate with his/her occupational skills based on an agreement with the employer; trả lương bình đẳng, không phân biệt giới tính; be provided with personal protective equipment and work in an occupationally safe and healthy environment; (take statutory sick leaves, annual paid leaves and receive collective welfare benefits)
c) (establish, join a representative organization of employees, occupational associations, and other organizations following law);
Taking care of and protecting the legitimate rights and interests of employees is the right and responsibility of a representative organization of employees. Therefrom, we see that the employee has the right to establish, join a representative organization of employees, occupational associations, and other organizations following the law.
(They can request and participate in dialogues with the employer, implementation of democracy regulations and collective bargaining with the employer; receive consultancy at the workplace to protect his/her legitimate rights and interests; participate in management activities according to the employer’s regulations)
d) refuse to work if he/she finds that the work directly threatens his/her life or health;
this is a new benefit for employees compared to the provisions of the 2012 Labor Code. Accordingly, the employee can refuse to work if he/she finds that the work directly threatens his/her life or health. In other words, employers need the employee's permission to work overtime.
đ) unilaterally terminate the employment contract; (hợp đồng lao động)
e) go on strike;
The right to strike of employees is stipulated in the Labor Code 2019. In which, a strike is a temporary stoppage of work of the labor collective in order to meet the requirements in the resolution of labor disputes. A strike is a direct method of workers to claim their legitimate rights and interests including wages, working conditions, or social guarantees.
g) exercise other rights prescribed by law.
2. An employee has the obligations to:
a) implement the employment contract, collective bargaining agreement and other lawful agreements
This is the most important condition to ensure the labor-management system and the efficiency of the enterprise. In the agreements of the labor contract, the common obligations for each party are clearly stated under the characteristics and aspirations of each. However, each contract has particular contents, rights, obligations, and responsibilities depending on the issues of interest of the two parties. So that not only the employee but the employer must implement the employment contract, collective bargaining agreement, and other lawful agreements.
b) obey internal labor regulations, the lawful management, administration, and supervision by the employer;
For the stability and order of the business, the safety of the investment property, the employees must obey internal labor regulations, the lawful management, administration, and supervision by the employer.
c) implement regulations of laws on labor
Implementing regulations of laws on labor means requiring employees to strictly and fully comply with regulations on employment, vocational education, social insurance, health insurance, unemployment insurance, occupational safety, and health.
Article 6. Rights and obligations of employers
1. An employer has the rights to:
a) -recruit, arrange, manage and supervise employees.
-give commendation and take actions against violations of internal labor regulations
Recruitment is the very first step of the labor organization process. Through labor recruitment, employers can actively arrange, manage, and supervise employees. They can also manage human resources, give commendation and take actions against violations of internal labor regulations, maintain and develop the necessary workforce for their units, in order to successfully complete the set targets, production plans and work. Labor recruitment also creates conditions for employees to exercise their right to have jobs and work with high productivity.
b) establish, join and operate in employer representative organizations, occupational associations, and other organizations in accordance with law.
In order to protect their rights, the current law gives employers the right (…) This is a new and progressive power that is appropriate for labor relations in the market economy and shows fairness among labor subjects.
c)
-Employers request the representative organization of employees to negotiate the conclusion of the collective bargaining agreement;
-participate in settlement of labor disputes and strikes;
-discuss with the representative organization of employees about issues related to labor relations and improvement of the material and spiritual lives of employees
d) temporarily close the workplace => For the rights, interests and safety of the enterprises.
Employers have the right to temporarily close the workplace to protect the rights, interests and safety of the enterprises. However, the closure could result in restrictions on workers' right to work, which in turn restricts their right to earn a living. Therefore, it is not a right to be widely used but must be controlled by law.
đ) exercise other rights prescribed by law.
2. An employer has the obligations to:
a) (implement the employment contracts, collective bargaining agreement and other lawful agreements with employees)
implement the employment contracts, collective bargaining agreement, and other lawful agreements with employees => this is the most basic and important obligation as the subject of the employment relationship. Besides, employers have to respect the honor and dignity of employees; do not abuse their power or positions to trample or damage the honor and dignity of the employee.
b) establish a mechanism for and hold dialogue with the employees and the representative organization of employees; implement the regulations on grassroots-level democracy;
c) Provide basic training and advanced training to help employees improve their professional skills or change their occupations;
d) implement regulations of laws on labor, employment, vocational education, social insurance, health insurance, unemployment insurance, occupational safety, and health; develop and implement solutions against sexual harassment in the workplace;
đ) Participate in the development of the national occupational standards, assessment, and recognition of employees’ professional skills.
The law requires employers to comply with principles, procedures, and practices related to employment, to ensure democratic rights and working conditions in enterprises. Employers have to be controlled and to be responsible under the labor code of the State.
The relationship between the
employee
and the
employer
is
established through an
employment
contract
. To limit
disputes
arising
as well
as to resolve
disputes
, both parties need to abide by their
rights
and obligations.
In the relationship with the
employer
, the
employee
is always in a weak position,
being controlled
and dependent on the
employer
.
Therefore
, the
rights
of workers have great significance and
are covered
in
many
different
aspects.
Article 5.
Rights
and
obligations
of
employees
1
. An
employee
has the
rights
to:
a)
work
,
freely
choose an occupation,
workplace
, or occupation;
participate
in basic and advanced occupational training;
develop
professional
skills
; suffer no discrimination, forced
labor
, and sexual harassment in the workplace.
Employees have the
right
to
work
, to
freely
choose their profession, occupation, and
workplace
. This is one of the most essential human
rights
in the
labor
code.
In addition
,
employees
can
also
be trained
to
develop
professional
skills
, not subject to any discrimination
as well
as forced
labor
or sexual harassment in the workplace.
Salary is the amount of money that the
employer
pays to the
employee
for performing the
work
as
agreed
.
Therefore
,
salary
means a lot to
employees
, helping them and their families to have a stable life.
To ensure/guarantee the
salary
of
employees
, the
law
stipulates the
employer
to pay
salary
which is
commensurated
with their occupational
skills
based on an
agreement
. Workers
are paid
equally
, regardless of gender.
Moreover
,
employees
are provided
with personal protective equipment and
work
in an
occupationally
safe and healthy environment
Employees are
also
entitled to
social
benefits such as statutory sick
leaves
, annual paid
leaves
and
receive
collective
welfare benefits.
b)
receive
a
salary
commensurate with
his/her
occupational
skills
based on an
agreement
with the
employer
;
trả
lương
bình
đẳng
,
không
phân
biệt
giới
tính
;
be provided
with personal protective equipment and
work
in an
occupationally
safe and healthy environment; (take statutory sick
leaves
, annual paid
leaves
and
receive
collective
welfare benefits)
c)
(establish
,
join
a representative
organization
of
employees
, occupational associations, and
other
organizations
following law);
Taking care of and protecting the legitimate
rights
and
interests
of
employees
is the
right
and responsibility of a representative
organization
of
employees
. Therefrom, we
see
that the
employee
has the
right
to
establish
,
join
a representative
organization
of
employees
, occupational associations, and
other
organizations
following the law.
(They can request and
participate
in dialogues with the
employer
, implementation of democracy
regulations
and
collective
bargaining
with the
employer
;
receive
consultancy at the
workplace
to protect
his/her
legitimate
rights
and
interests
;
participate
in management activities according to the
employer’s
regulations)
d) refuse to
work
if he/she finds that the
work
directly
threatens
his/her
life or health;
this is a new benefit for
employees
compared to the provisions of the 2012
Labor
Code.
Accordingly
, the
employee
can refuse to
work
if he/she finds that the
work
directly
threatens
his/her
life or
health
. In
other
words,
employers
need the employee's permission to
work
overtime.
đ
)
unilaterally
terminate the
employment
contract
; (
hợp
đồng
lao
động
)
e) go on strike;
The
right
to strike of
employees
is stipulated
in the
Labor
Code 2019. In which, a strike is a temporary stoppage of
work
of the
labor
collective
in
order
to
meet
the requirements in the resolution of
labor
disputes
. A strike is a direct method of workers to claim their legitimate
rights
and
interests
including wages, working conditions, or
social
guarantees.
g) exercise
other
rights
prescribed by
law.
2
. An
employee
has the
obligations
to:
a)
implement
the
employment
contract
,
collective
bargaining
agreement
and
other
lawful
agreements
This is the most
important
condition
to ensure the labor-management system and the efficiency of the enterprise. In the
agreements
of the
labor
contract
, the common
obligations
for each party are
clearly
stated under the characteristics and aspirations of each.
However
, each
contract
has particular contents,
rights
,
obligations
, and responsibilities depending on the issues of
interest
of the two parties.
So
that not
only
the
employee
but
the
employer
must
implement
the
employment
contract
,
collective
bargaining
agreement
, and
other
lawful
agreements.
b) obey
internal
labor
regulations
, the
lawful
management, administration, and supervision by the employer;
For the stability and
order
of the business, the
safety
of the investment property, the
employees
must
obey
internal
labor
regulations
, the
lawful
management, administration, and supervision by the employer.
c)
implement
regulations
of
laws
on labor
Implementing
regulations
of
laws
on
labor
means requiring
employees
to
strictly
and
fully
comply with
regulations
on
employment
, vocational education,
social
insurance
,
health
insurance
, unemployment
insurance
, occupational
safety
, and health.
Article 6.
Rights
and
obligations
of
employers
1
. An
employer
has the
rights
to:
a) -recruit, arrange, manage and supervise employees.
-give commendation and take actions against violations of
internal
labor
regulations
Recruitment is the
very
first
step of the
labor
organization
process. Through
labor
recruitment,
employers
can
actively
arrange, manage, and supervise
employees
. They can
also
manage human resources, give commendation and take actions against violations of
internal
labor
regulations
, maintain and
develop
the necessary workforce for their units, in
order
to
successfully
complete the set targets, production plans and
work
.
Labor
recruitment
also
creates conditions for
employees
to exercise their
right
to have jobs and
work
with high productivity.
b)
establish
,
join
and operate in
employer
representative
organizations
, occupational associations, and
other
organizations
in accordance with law.
In
order
to protect their
rights
, the
current
law
gives
employers
the
right
(…) This is a new and progressive power
that is
appropriate for
labor
relations in the market economy and
shows
fairness among
labor
subjects.
c)
-Employers request the representative
organization
of
employees
to negotiate the conclusion of the
collective
bargaining
agreement;
-participate in settlement of
labor
disputes
and strikes;
-discuss with the representative
organization
of
employees
about issues related to
labor
relations and improvement of the material and spiritual
lives
of employees
d)
temporarily
close the
workplace
=>
For the
rights
,
interests
and
safety
of the enterprises.
Employers have the
right
to
temporarily
close the
workplace
to protect the
rights
,
interests
and
safety
of the enterprises.
However
, the closure could result in restrictions on workers'
right
to
work
, which in turn restricts their
right
to earn a living.
Therefore
, it is not a
right
to be
widely
used
but
must
be controlled
by law.
đ
)
exercise
other
rights
prescribed by
law.
2
. An
employer
has the
obligations
to:
a)
(implement
the
employment
contracts
,
collective
bargaining
agreement
and
other
lawful
agreements
with employees)
implement
the
employment
contracts
,
collective
bargaining
agreement
, and
other
lawful
agreements
with
employees
=>
this is the most basic and
important
obligation
as the subject of the
employment
relationship.
Besides
,
employers
have to
respect the honor and dignity of
employees
; do not abuse their power or positions to trample or damage the honor and dignity of the employee.
b)
establish
a mechanism for and hold dialogue with the
employees
and the representative
organization
of
employees
;
implement
the
regulations
on grassroots-level democracy;
c) Provide basic training and advanced training to
help
employees
improve
their
professional
skills
or
change
their occupations;
d)
implement
regulations
of
laws
on
labor
,
employment
, vocational education,
social
insurance
,
health
insurance
, unemployment
insurance
, occupational
safety
, and
health
;
develop
and
implement
solutions against sexual harassment in the workplace;
đ
)
Participate
in the development of the national occupational standards, assessment, and recognition of
employees’
professional
skills
.
The
law
requires
employers
to comply with principles, procedures, and practices related to
employment
, to ensure democratic
rights
and working conditions in enterprises.
Employers
have to
be controlled
and to be responsible under the
labor
code of the State.
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