Vietnam: Employees must report the result of the employment protection measures

On October 15, 2020, the Ministry of Labor - War Invalids and Social Affairs of Vietnam issued the Circular No. 08/2020/TT-BLĐTBXH on guidelines for protection of employment status of whistleblowers working under labor contracts.

UBND các cấp chỉ đạo yêu cầu NSDLĐ bảo vệ việc làm của người tố cáo

According to Article 7 of the Circular No. 08/2020/TT-BLĐTBXH of the Ministry of Labor - War Invalids and Social Affairs of Vietnam, responsibilities of employers are as follows:

- Do not place employment discrimination against the protectee.

- Do not retaliate, slam or threaten to affect the protectee's employment, income and other legitimate interests from their job.

- Promptly and fully comply with the employment protection measures in favor of the protectee at the request of the enforcing authority.

- Report the enforcing authority on and notify the employee representative of the result of the employment protection measures.

- The governing body of the enterprise, agency, or business entity; and the immediate employer of the protectee who is working at the branch, representative office or affiliated entity shall cooperate, provide information and relevant documents upon request of the competent authorities during the receipt, verification and adoption of the employment protection measures.

Responsibilities of employee representatives are specified in Article 8 of the Circular No. 08/2020/TT-BLĐTBXH of the Ministry of Labor - War Invalids and Social Affairs of Vietnam as follows:

- Grassroots employee representative

+ Supervise the employer in the compliance with employment protection measures at the request of the enforcing authority.

+ In a case where the employer fails to comply with the employment protection measure, the executive board of grassroots trade union or other legal representative organization of the employee must request the employer to comply with the employment protection measure in writing, and report to the enforcing authority and immediate superior trade union or the immediate superior legal representative organization of the employee (if any) for timely handling and further protection measures.

- Confederation of Labor of district, province

+ Direct the executive board of grassroots trade union to supervise the employer in compliance with the employment protection measures.

+ Supervise the enforcing authority of the same level in taking charge and cooperating with relevant entities in adoption of the employment protection measures.

+Cooperate with People’s Committee of the same level in requesting the employer to comply with the employment protection measures under the decision of competent authority.

View more details at the Circular No. 08/2020/TT-BLĐTBXH of the Ministry of Labor - War Invalids and Social Affairs of Vietnam, effective from February 06, 2020.

Le Vy

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