What is the employer? What are the rights of employers in Vietnam?
Vietnam: What is the employer?
Pursuant to Article 3 of the Labor Code 2019, it is explained about employers as follows:
Definitions
For the purposes of this document, the terms below shall be construed as follows:
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2. “employer” means an enterprise, agency, organization, cooperative, household or individual who employs other people under agreements. An employer that is an individual shall have full legal capacity.
Thus, employer means an enterprise, agency, organization, cooperative, household or individual who employs other people under agreements. An employer that is an individual shall have full legal capacity.
What is the employer? What are the rights of employers in Vietnam?
What are the rights of employers in Vietnam?
Pursuant to Article 6 of the Labor Code 2019, there are regulations on the rights of employers as follows:
Rights and obligations of employers
1. An employer has the rights to:
a) recruit, arrange and manage and supervise employees; give commendation and take actions against violations of internal labor regulations;
b) establish, join and operate in employer representative organization, occupational associations and other organizations in accordance with law;
c) 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;
dd) 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; respect the honor and dignity of employees;
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 in order to help employees improve their professional skills or change their occupations;
d) implement regulations of laws on labor, employments, vocational education, social insurance, health insurance, unemployment insurance, occupational safety and health; develop and implement solutions against sexual harassment in the workplace;
dd) Participate in development of the national occupational standards, assessment and recognition of employees’ professional skills.
Thus, an employer has the rights to:
- recruit, arrange and manage and supervise employees; give commendation and take actions against violations of internal labor regulations;
- establish, join and operate in employer representative organization, occupational associations and other organizations in accordance with law;
- 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;
- temporarily close the workplace;
- exercise other rights prescribed by law.
At the same time, in order to protect the legitimate rights and interests of employers as well as create fairness and transparency in the labor relationship, the Labor Code has additional provisions on prohibited acts in Article 8 Labor Code 2019 includes:
- Labor discrimination.
- Maltreatment of employees, forced labor.
- Sexual harassment in the workplace.
- Taking advantage of occupational training or apprenticeships to exploit the trainees or apprentices, or persuade or force them to act against the law.
- Employing untrained people or people without occupational training certificates to do the jobs or works that have to be done by trained workers or holders of occupational training certificates.
- Persuading, inciting, promising advertising or otherwise tricking employees into human trafficking, exploitation of labor or forced labor; taking advantage of employment brokerage or guest worker program to commit violations against the law.
- Illegal employment of minors.
What are the responsibilities of employers for employee management in Vietnam?
Pursuant to Article 12 of the Labor Code 2019, there are regulations on the responsibility of an employer for employee management as follows:
Responsibility of an employer for employee management
1. Prepare, update, manage, use the physical or electronic employee book and present it to the competent authority whenever requested.
2. Declare the employment status within 30 days from the date of commencement of operation, and report periodically on changes of employees during operation to the local labor authority under the People’s Committee of the province (hereinafter referred to as “provincial labor authority") and to the social security authority.
3. The Government shall elaborate this Article.
Thus, employers are responsible for:
- Prepare, update, manage, use the physical or electronic employee book and present it to the competent authority whenever requested.
- Declare the employment status within 30 days from the date of commencement of operation, and report periodically on changes of employees during operation to the local labor authority under the People’s Committee of the province (hereinafter referred to as “provincial labor authority") and to the social security authority.
This responsibility is more specifically guided by law by Chapter II of Decree 145/2020/ND-CP.
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