Đang online: 19  |   Hôm qua: 1708  |   Lượt truy cập: 1606935
vi  en
Trang chủ > Chia sẻ > Văn bản pháp luật về Lao Động
Văn bản pháp luật về Lao Động

Comparison 2012 Labor Code Vs 2012 Labor Code 2019 Labor Code (in force from January 1, 2021)

For your convenience in studying, learning and accessing updated information about highlights of the Labor Code, below is the summary chart of differences between the 2019 Labor Code (in force from January 1, 2021) and the 2012 Labor Code (currently in force).

Description of comparison

2012 Labor Code

2019 Labor Code

(in force from January 1, 2021)

Existing regulations

New regulations

GENERAL PROVISIONS

1. Subjects and scope of application are expanded

Subjects of application prescribed in Article 2 as follows:

1. Vietnamese workers, occupational internship or apprenticeship workers or other workers prescribed in this Code.

2. Employers.

3. Foreign workers working in Vietnam.

4. Other entities and persons directly involved in industrial relations.  

Article 2 sets out new regulations supplementing the following subjects of application:

Employees not engaged in industrial relations

2. Employee has access to higher rights

Clause 1 of Article 5 sets out the following regulations:

Employees hold the following rights:

a) Work, freely choose their jobs or occupations, take part in occupational and professional development training programs and receive indiscrimination treatment;

b) Receive wages and salaries corresponding to their occupational training levels and qualifications under terms and conditions of employment contracts with employers; have access to labor protection measures, work under occupational safety and sanitation conditions; take days off under leave regulations,  annually paid leave and receive collective benefits;

c) Establish, accede to and take part in trade unions, occupational associations and other organizations prescribed in laws; request and participate in conservation with employers, carry out democracy regulations and have access to these regulations at workplace in order to protect legitimate rights and interests of their own; get involved in management in accordance with employer's internal rules and regulations;

d) Unilaterally terminate employment contracts under laws;

dd) Go on strike.

New regulations additionally address employee’s rights. In particular, Article 5 provides the following supplementary regulations:

a) Newly added regulations protect employees from labor coercion or sexual harassment at work;

d) Employees may refuse to work on definite grounds that their life and health are directly threatened at workplace;

g) Employees may be entitled to other rights prescribed by laws.

3. Differences in industrial relations arise

Article 7 prescribes that:

1. Industrial relations between employees or associations of employees and employers are established through conservations, negotiations or agreements carried out according to principles of voluntariness, good will, equity, cooperativeness and respect for mutual legitimate rights and interests.

2. Trade unions and employee representation organizations in collaboration with state agencies assist in setting up industrial relations on a harmonious, stable and progressive basis; oversee implementation of legislative regulations on labor; protect legitimate rights and interests of employees and employers.

Article 7 in this new law code provides additional regulations on entities vested with authority over industrial relations, specifically including:

 4. Vietnam Chamber of Commerce and Industry; Cooperative Alliance of Vietnam and other employer’s representative organizations set up under laws shall play their roles in representing and protecting legitimate rights and interests of employers; shall get involved in developing progressive, harmonious and stable industrial relations. 

4. Regulations on prohibited acts in the labor sector are added

According to Article 8, followings are prohibited acts arising in the labor sector:

“6. Enticing, promising or making false advertising to deceive employees or making use of employment services or the sending of labor to work abroad under contracts to commit illegal acts.”

Regulations in Article 8 are supplemented with prohibited acts arising in the labor sector:

“6. Enticing, promising, making false advertising or other tricks to deceive employees or recruit employees for the purposes of human trafficking, exploitation of labor, labor coercion or abuse of employment services or the sending of labor to work abroad under employment contracts to commit illegal acts.”

NEW REGULATIONS FOR EMPLOYEES

Seasonal contracts are no longer suitable

Article 22 sets out the following regulations: There shall be 03 contract types, including:

- Indefinite-term employment contracts;

- Fixed-term employment contracts (valid for the period from 12 months to 36 months)

- Seasonal contracts (the validity period of below 12 months)

In Article 20 in the new law code, there shall only be 2 contract types, including:

- Fixed-term employment contracts;

-  Indefinite-term employment contracts.

Seasonal labor contracts will be repealed from the effective date of this new Labor Code.

6. Electronic form of employment contracts is considered as paper form thereof

Article 15 prescribes that:

“Labor contract is an agreement between an employee and an employer on a paid job, working conditions and the rights and obligations of each party in industrial relations.”

Regulations on employment contracts set forth the in the new law code provide better protection for employees, specifically including regulations laid down in Article 13.

There are the following supplementary regulations:

- Clause 1: Employment contracts concluded in electronic form shall have the same value as those concluded in documentary form

- Clause 2: “Before hiring and placing employees, employers must enter into employment contracts with employees”

7. Employees may unilaterally terminate their employment contracts without prior notice

The provision “When unilaterally terminating employment contracts…” prescribed in clause 2 of Article 37 says that:   Employees shall be obliged to send employers prior notice for:

at least 30 days in case of fixed-term employment contracts; at least 03 working days in case of seasonal or task-based contracts lasting for 12 months if cases specified in point d and dd of clause 1 of this Article occur;

Clause 2 of Article 35 in the new labor code prescribes that employees are entitled to unilaterally terminate employment contracts without prior notice if they fall into 7 specific cases.

Click here for more details.

 

EMPLOYMENT CONTRACT

8. Form of conclusion of employment contracts

According to Article 16 prescribing forms of conclusion of employment contracts

“2. For temporary jobs with duration of under 3 months, the parties may enter into a verbal labor contract.

Clause 2 of Article 14 prescribes that employment contracts can be concluded in oral form as follows:

“Both contracting parties may conclude employment contracts in oral form with respect to under-1-month employment contracts, except the following cases:

- (clause 2 of Article 18) With respect to seasonal jobs or certain work lasting less than 12 months, a group of employees aged at least 18 years can authorize an employee in the group to conclude employment contracts;

- (point a of clause 1 of Article 145) Employment contracts with employees under 15 years of age and their legal representatives must be concluded in documentary form;

- (clause 1 of Article 162) Employers must conclude employment contracts in documentary form with employees who are hired as domestic workers.

Article 16 prescribes forms of conclusion of employment contracts, including the following 2 forms:

- Documentary form;

- Oral form.

The new labor code adds one more form of conclusion of employment contract, that is to say electronic form. This allows sending messages conveying data as prescribed by laws on electronic transactions which have the same value as those employment contracts concluded in documentary form.

This means that, from January 1, 2021, there will be 3 forms of conclusion of employment contracts, including: Documentary form, oral form and electronic form.

9. Employers are not allowed to compel employees to work as repayment of debts

Article 20 prescribes 2 acts that employers are prevented from committing during the process of conclusion and execution of employment contracts:

1. Keeping the employees’ original identity cards, diplomas and certificates.

2. Requesting employees to make a deposit in cash or property as security for the performance of labor contracts.

Article 17 in the new labor code prescribes that employers are prevented from committing 3 prohibited acts while clause 3 adds one more prohibited act as follows: 

“3. Compelling employees to obey employment contracts in order to repay debts to employers”

10. Additional condition relating to the probationary period of employees is regulated

Article 27 prescribes that the probationary period varies based on the nature and complicatedness of job positions, but an employee may make only one job probation effort for a specific work and must meet the following requirements:   

1. Such probation lasts for the maximum period of 60 days with regard to employees hired to hold professional titles conforming to professional and technical qualification requirements which are at least associate degrees.

2. Such probation last for the maximum period of 30 days with regard to employees hired to hold professional titles requiring secondary or postsecondary vocational qualifications, technical workers and operation staff.

3. Such probation lasts for the maximum period of 6 working days with regard to other job positions.

The new labor code sets out the following regulations: The probationary period must be agreed upon between parties based on the nature and complicatedness of job positions. An employee may make only one job probation effort for a specific work which must meet the following 4 requirements which are one greater than previously as follows:   

Each probation lasts for the maximum duration of 180 days with regard to employees hired to hold corporate administration positions as provided in the Law on Enterprises, the Law on Management and Use of State Capital Investments in Enterprises”

11. Cases of temporary suspension from execution of employment contracts

Article 32 prescribes 5 cases in which execution of employment contracts can be temporarily suspended as follows:

1. The employee is called up for military service.

2. The employee is held in custody or detention in accordance with the criminal procedure law.

3. The employee is subject to a decision on application of the measure of consignment to a reformatory, compulsory drug detoxification center or compulsory education institution.

4. The female employee is pregnant in accordance with Article 156 of this Code.

5. Other cases as agreed upon by the two parties.

Article 30 prescribes 08 cases in which execution of employment contracts can be temporarily suspended as follows:

a) The employee is called up for military or militia or self-defence service;

b) The employee is held in custody or detention in accordance with the criminal procedure law;

 c) The employee is subject to a decision on application of the measure of consignment to a reformatory, compulsory drug detoxification center or compulsory education institution.

d) The female employee is pregnant in accordance with Article 138 of this Code.

dd) The employee is appointed to a manager of a single-member limited liability company of which charter capital is wholly owned by the State;

e) The employee is authorized to implement rights and responsibilities of representatives of owners of state capital invested in enterprises;

g) The employee is authorized to implement rights and responsibilities on behalf of enterprises to an enterprise’s share of capital invested in another enterprise;

h) Other cases as agreed upon by the two parties.

 

12. 3 cases of termination of employment contracts are added

Article 36 in the existing Labor Code stipulated 10 contract termination cases, specifically including:

1. The labor contract expires, except the case specified in Clause 6, Article 192 of this Code.

2. The work stated in the labor contract has been completed.

3. Both parties agree to terminate the labor contract.

4. The employee fully meets the requirements on the time of payment of social insurance premiums and the age of retirement stated in Article 187 of this Code.

5. The employee is sentenced to imprisonment or death or is prohibited from performing the job stated in the labor contract under a legally effective judgment or ruling of a court.

6. The employee dies or is declared by a court to have lost civil act capacity, be missing or dead.

7. The individual employer dies or is declared by a court to have lost civil act capacity, be missing or dead; the institutional employer terminates operation.

8. The employee is dismissed under Clause 3, Article 125 of this Code.

9. The employee unilaterally terminates the labor contract under Article 37 of this Code.

10. The employer unilaterally terminates the labor contract under Article 38 of this Code; the employer lays off the employee due to structural or technological changes or because of economic reasons, merger, consolidation or division of the enterprise or cooperative.

Article 34 in the new Labor Code prescribes 13 cases of contract termination, specifically including the following additional cases:

5. The employee who is a foreigner working in Vietnam is expelled according to the Court’s judgement or decision already in force, or a competent regulatory authority's decision.

7. The employee dies or is declared by a court to have lost civil act capacity, be missing or dead. The non-individual employer closes their business or are warned by a business registry under the control of a provincial People’s Committee of not having a legal representative or a person authorized to implement rights and obligations on behalf of the legal representative.

12. Work permit expires if the employee is a foreigner working in Vietnam under Article 156 in this Code.

13. The employment contract may be terminated if the employee at his/her fault fails to meet probationary work requirements specified in an employment contract, or either party cancels any probation agreement. 

13. Employees may unilaterally terminate their employment contracts without prior notice

The provision “When unilaterally terminating employment contracts…” prescribed in clause 2 of Article 37 says that:   Employees shall be obliged to send employers prior notice for:

at least 30 days in case of fixed-term employment contracts; at least 03 working days in case of seasonal or task-based contracts lasting for 12 months

Clause 2 of Article 35 in the new labor code prescribes that employees are entitled to unilaterally terminate employment contracts without prior notice if they fall into 7 specific cases.

Click here for more details.

14. Employees may authorize others to receive wages or salaries on their behalf.

Employers are not allowed to compel employees to purchase their goods or services

Article 96 in the existing labor code prescribes the following payment principles:

An employee must be paid with a full wage in a direct and timely manner.

In special cases in which an employer cannot pay a wage on time to an employee, the employer may not postpone the payment for more than 1 month and shall pay the employee with an additional amount at least equal to the deposit interest rate announced by the State Bank of Vietnam at the time of wage payment.

Article 94 in the new labor code provides additional regulations on wage payment principles

The employer must pay wages or salaries to the employee in a direct, full and timely manner.

If the employee is unable to receive wages or salaries in person, the employer must pay wages or salaries to the employee’s legal representative.

The employer is not allowed to restrict or intervene in rights to spend the employee's wages or salaries; is not allowed to compel the employee to spend wages or salaries on buying goods or services of the employer or any entity designated by the employer.

 

WAGES AND SALARIES

15. Employers are not required to submit their payrolls to competent regulatory authorities

The existing labor code sets out the following regulations:

When formulating the wage scale, wage table and labor norms, an employer shall consult the representative organization of the grassroots-level employees’ collective and publish this information at the workplace of the employees before implementation, and concurrently send them to the district-level state management agency of labor of the locality in which the employer’s production and business establishments are located.

According to the new labor code, Article 93 prescribes responsibility for formulation of the employer’s pay scale or table as follows:

The employer must consult the employee’s representative association operating within a company establishing the representative association during the period of formulation of pay scale or table and labor norms.

 

The pay scale or table and labor norms must be publicized at workplace before their effective date.

16. Employers must pay fees related to opening of accounts and transfer of wages or salaries to employees

According to the existing labor code, clause 2 of Article 94 prescribes that:

Wage may be paid by cash or via the employee’s personal account opened at a bank.

 

In case the wage is paid into the bank account, the employer shall negotiate with the employee on any fees related to the opening and maintenance of the account.

In the new labor code, Article 96  sets out the following regulations:

Wage may be paid by cash or via the employee’s personal account opened at a bank.

 

In case wage is paid into the personal account opened at bank, the employer must pay fees relating to opening of such account and transfer of wages or salaries.

17. Employers must send pay statements to employees

There is none of existing regulations on this matter.

In the new labor code, Article 95 sets out the following regulations:

“In each payment of wage or salary, the employer must send the employee a pay statement, which clarifies amount of wage or salary, overtime pay, overnight pay, description of amount to be withheld and withheld amount (if any)”

18. Employee’s bonuses may be non-cash

In the existing labor code, Article 103  sets out the following regulations on bonuses:

“1. Bonus is a sum that the employer pays the employee as a reward, based on annual business income and employee performance”

In the new labor code, Article 104 sets out the following regulations:

“1. Bonus is a monetary amount or property or a reward paid in other form that the employer pays the employee, based on business income or the employee's performance."

19. Additional cases in which employees may be paid in advance 

Article 100 in the existing labor code prescribes that the employee is entitled to advance payment of wage or salary in either following cases:

- An employee may be given a wage in advance according to the conditions agreed upon by the two parties (clause 1).

- An employer shall advance a wage amount to an employee corresponding to the number of days off which the employee takes to perform citizens’ obligations from 1 week to 1 month at most. The employee shall refund this advance amount, except the case that he/she performs military services (clause 2).

Article 101 in the new labor code adds one more case: When taking annual leave, the employee is entitled to advance payment amount at least equal to wage or salary paid in his/her day-off (clause 3).

WORK AND REST TIME

20. Employers are responsible for meeting limits on time of work in contact with dangerous or hazardous elements  

In the existing labor code, clause 3 of Article 104 prescribes that:

3. The working time must not exceed 6 hours per day for employees who perform extremely heavy, hazardous or dangerous jobs on a list issued by the Ministry of Labor, War Invalids and Social Affairs in coordination with the Ministry of Health.

The 2019 Labor Code sets out new regulations on the timelength of each employee’s work in contact with dangerous or hazardous elements in clause 3 of Article 105 as follows:

Employers are responsible for ensuring that limits on timelength of work in contact with dangerous or hazardous elements as prescribed in relevant national technical regulations and laws are met.

21. Overtime hours per month is increased to 40 hours

In the existing labor code, Article 106 sets out the following regulations:

Ensuring that the number of overtime working hours of the employee does not exceed 50% of the normal working hours per day;

In case of applying regulations on weekly work, the total of normal working hours and overtime working hours must not exceed 12 hours per day; does not exceed 30 hours per month and the total of overtime working hours must not exceed 200 hours per year, except some special cases as stipulated by the Government in which overtime working hours must not exceed 300 hours per year; 

In the new labor code, point b of clause 2 of Article 107 sets out the following regulations:

Ensuring that the number of overtime working hours of the employee does not exceed 50% of the normal working hours per day; 

In case regulations on normal working hours per week are applied, an aggregate of normal working hours and overtime working hours shall not exceed 12 hours per day; 40 hours per month;

22. Weekly days-off of employees are increased

Article 110 prescribes that an employee is entitled to a break of at least 24 consecutive hours.   In case it is impossible for an employee to have a weekly break due to the cycle of work, the employer shall ensure an employee has at least 4 days off on average in a month.

In the new labor code, Article 111 adds new regulations on cases where weekly days-off coincide with prescribed lunar new year or national holidays, an employee may take compensatory weekly days-off falling on the succeeding working days.

23. Regulations on fully-paid leave of underage employees and employees working less than 12 months

Article 111 in the existing labor code prescribes that An employee who has been working for an employer for full 12 months is entitled a fully paid annual leave as stated in his/her labor contract as follows:

a) Twelve working days for an employee working in normal conditions;

b) Fourteen working days for an employee doing a heavy, hazardous or dangerous job; or an employee working in a place with harsh living conditions;

c) Sixteen working days for an employee doing an extremely heavy, hazardous or dangerous job; an employee working in a place with extremely harsh living conditions.

The 2019 Labor Code adds regulations on days-off of underage employees and employees not yet working for 12 months in full in Article 113 as follows:

- 14 days-off for underage employees, employees who are disabled or work under arduous, toxic and hazardous condition;

- An employee who has not yet worked for 12 months in full for an employer is entitled to the number of annual days-off in proportion to his/her working month.

24. Cases of fully-paid personal leave are added

In the existing labor code, Article 116 prescribes that an employee is entitled to fully-paid personal leave in the following cases:

a) Marriage: 3 days;

b) Marriage of his/her child: 1 day;

c) Death of a blood parent or a parent of his/her spouse, his/her spouse or child: 3 days.

In the new labor code, the case of “marriage of the employee’s child” are provided (point b of clause 1 of Article 116 "b) Marriage of his/her child: 1 day”) now covers both foster and natural child.  

25. Two days-off on National Day celebration

In the existing labor code, Article 115 sets out the following regulation:

“dd) Employees can take only one day-off to celebrate the National Day (on September 2 in the solar calendar year);”

In the new labor code, Article 112  sets out the following regulations:

“dd) Employees can take two days-off to celebrate the National Day (on September 2 and the preceding or subsequent day in the solar calendar year);”

LABOR DISCIPLINE AND MATERIAL RESPONSIBILITY

26. 4 regulations on protection of employee rights are added to labor regulations

In the existing labor code, Article 118 deals with labor etiquette, comprising the following main points:

a) Work and rest time;

b) Workplace order;

c) Occupational safety and hygiene at workplace;

d) Protection of property and trade secret, technology and intellectual property secret for employers;

dd) Acts of violation against labor discipline committed by employees and sanction forms and material responsibility.

The new labor code provides 4 additional regulations (Article 119):

d) Prevention and control of sexual harassment at workplace; processes and procedures for handling of sexual harassment at workplace;

e) Cases in which employees may be temporarily transferred to other work in comparison with the work mentioned in the employment contract;

h) Material responsibility;

i) Persons having competence in handling issues arising from labor discipline.

 

27. Sanction imposed in “removal from office" form is added

In the existing labor code, Article 125 prescribes forms of sanction against breach of labor discipline, including 3 types of sanction as follows:

1. Reprimand.

2. Prolongation of the wage rise period for no more than 6 months; removal from office.

3. Dismissal.

In the new labor code, Article 124 sets out additional regulations on handling of violation against labor discipline in "3. Removal from office”.

28. Government regulates processes, procedures and statutes of limitation for compensation for employees

In the existing labor code, clause 2 of Article 131 regulates that “2. Processes, procedures and statutes of limitation for compensation shall be subject to Article 123 and 124 in this Labor Code”

In the new labor code, clause 2 of Article 130 sets out the following regulations: “2. Government regulates processes, procedures and statutes of limitation for compensation for employees”.

This means new regulations focus more on employee’s rights and interests concerning payment of compensation for employees.

PARTICULAR PROVISIONS FOR FEMALE WORKERS AND ASSURANCE OF GENDER EQUALITY

29. Rights to unilateral termination or temporary suspension of employment contracts of pregnant female workers

In the existing labor code, Article 156 sets out the following regulations:

“In case a pregnant employee has a certificate of a competent health establishment which states that continued work will adversely affect her pregnancy, she may unilaterally terminate the labor contract or temporarily postpone the performance of the labor contract. The period for the female employee to give advance notice to the employer depends on the period determined by the competent health establishment.

In the new labor code, Article 138 adds clause 2 on rights of female employees as follows:

“2. In case of temporary postponement of employment contract, the time of such temporary postponement will be subject to an agreement between the employee and the employer, but must be at least equal to the time during which the authorized health establishment prescribes the employee temporary leave from work.

Without the authorized health establishment’s prescription for the employee’s leave, both parties must agree on the time of temporary suspension of execution of their employment contract”.

30. Provisions on paternity leave policy for male workers

In the existing labor code, Article 157 only has regulations on maternity leave for female workers. 

In the new labor code, clause 5 is added to Article 139 to regulate paternity leave policy for male workers as follows: “5. If a male employee’s wife is born to a child; an employee adopts a child aged under 6 months; a female employee is a surrogate mother; or an employee is an intended mother, he/she will be entitled to maternity/paternity leave policy in accordance with laws on social insurance". 

PARTICULAR PROVISIONS FOR UNDERAGE AND OTHER EMPLOYEES

31. Underage employees

In the existing labor code, Article 161 sets out the following regulations:

“Underage employees are workers under 18 years”.

Article 143 in the new labor code provides more details on regulations for underage employees as follows:

2. Persons aged from 15 years to below 18 years do not work or work at workplaces prescribed in Article 147 herein.

3. Persons aged from 13 years to under 15 years are offered light work classified according to the list approved by the Minister of Labour, War Invalids and Social Affairs.

4. Persons not reaching 13 years are allowed to do work prescribed in clause 3 of Article 145 in this Labor Code.

32. Signing fixed-term employment contracts with the elderly in multiple times is permitted

In the existing labor code, clause 3 of Article 106 sets out the following regulations:

2. The elderly employee is entitled to shortened work time each day or part-time work regime.

3. In the final year before retirement, the elderly employee is entitled to shortened work time or part-time work regime.

In the new labor code, additional regulations are set out in specific clauses as follows:

2. The elderly employee is entitled to negotiate with the employer about shortened work time each day or part-time work regime.

3. As a state incentive policy, the elderly employees are offered work designed for their health condition in order to assure their labor rights and effective use of human resource.

33. Additional regulations on extension of the validity period of foreign employee’s work permit

In the existing labor code, Article 173 prescribes that the maximum validity period of foreign employee's work permit for working in Vietnam is 2 years.

In the new labor code, Article 155 prescribes that the maximum validity period of work permit of foreign employee working in Vietnam is 02 years, and may be extended to the maximum period of 02 years.

34. Increases in retirement age for employees are made according to the schedule

In the existing labor code, Article 187 sets out the following regulations:

1. An employee who meets the conditions on the period of payment of social insurance stipulated by the law on social insurance is entitled to a pension when reaching full 60 years of age, for males, or full 55 years of age, for females.

The new labor code prescribes increases in retirement age according to the schedule, specifically including clause 2 of Article 169 setting out the following regulations:

2. According to the schedule of adjustment to mandatory retirement age, male employees hired in ordinary working condition will retire at 62 years of age by 2028 while female employees hired in ordinary working condition will retire at 60 years of age by 2035.

From 2021 onwards, mandatory retirement age of male and female employees hired in ordinary working condition will be 60 years and 3 months, and 55 years and 4 months, respectively; in each subsequent year, 3 months and 4 months will be added, respectively, to mandatory retirement age of male and female employees.

RESOLUTION OF LABOR DISPUTES

35. Labor strikes and settlement of labor strikes

In the existing labor code, Article 209 sets out the following regulations:

“1. Strike is a temporary, voluntary and organized work stoppage of an employees’ collective in order to achieve their demands in the process of labor dispute settlement.

The new existing labor code prescribes additional cases in which employees make go on strike in Article 199 as follows:

1. Mediation efforts are proved unsuccessful or, if the period of mediation expires (5 working days of labor mediator's receipt of request from the party requesting settlement of dispute or from competent authority as provided in clause 2 of Article 188 in this Labor Code), such labor mediator has not yet taken any action;

2. Labor arbitrator panel has not yet been established or has been established but not issued any decision on settlement of dispute, or the employer as the disputing party has rejected the judgement on settlement of dispute made by the labor arbitration panel.

36. Procedures for collection of labor collective’s opinions

In existing regulations, clause 2 of Article 212 prescribes opinions may be collected by using written forms or signatures

In the new labor code, clause 3 of Article 201 prescribes that opinions are collected directly by using written forms or signatures or in other form.

Clause 4 of this Article sets out the following regulations:

“The time and method of collecting opinions on going on a strike must be determined by the executive committee of the trade union and notified to the employer at least 1 day in advance.”

Similarly, clause 4 of this Article in the new labor code adds more regulations in order to assure the employer’s rights as follows:  “4. Time, location and method of collection of opinions about a strike shall be decided by an organization representing employees and must be informed the employer at least 1 day in advance. The collection of opinions is required not to affect normal production and business activities of the employer.   The employer shall not be allowed to cause any difficulty, hinder or intervene in the opinion poll organized by the organization representing employees”

37. The number of receivers of notice of temporary closure of workplace is reduced

In the existing labor code, Article 216 prescribes that, at least 03 working days prior to temporary closure of workplace, the employer must publicly inform the decision on temporary closure at workplace and to 5 entities or organizations, including:

1. Executive Committee of trade union organizing and leading strikes;

2. Provincial-level Trade Unions;

3. Employer’s representative organizations;

4. Regulatory authorities over labor affairs at the provincial level;

5. People’s Committees of districts where employee’s companies are located.

In the new labor code, Article 205 prescribes reduction in the number of recipients of notice from companies to 3 entities or organizations, including:

1. Organizations representing employees that are organizing and leading strikes;

2. People’s Committees of provinces where workplaces are planned to be closed;

3. People’s Committees of districts where workplaces are planned to be closed.

 

 

Source: vietnameselegal.blogspot.com 

 

Hệ thống đang xử lý. Vui lòng đợi!