Labor is the most important activity of humans, creating material wealth and the spiritual values of society. Labor law stipulates the rights and obligations of employees and employers, labor standards, principles of labor use and management, contributing to the promotion of production. Therefore, it holds an important position in social life and in the national legal system.
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DOWNLOAD LABOR CODE 2019 (OFFICIAL)
Inheriting and developing our country's labor law since the August Revolution in 1945 until now, the Labor Code has institutionalized the renewal policy of the Communist Party of Vietnam and concretized the provisions of the 1992 Constitution of the Socialist Republic of Vietnam regarding labor, labor use, and management. Since 1994 to now, over the past 25 years, the Vietnam Labor Code through various periods has continuously developed and gradually perfected the regulations to best ensure the legitimate rights and interests of both employees and employers.
LABOR CODE 1994
The Labor Code 1994 was passed by the National Assembly of the Socialist Republic of Vietnam, 9th Session, 5th Meeting on June 23, 1994, and took effect on January 1, 1995, based on inheriting and developing our country's labor law since the August Revolution in 1945 until now. This was the first time our country had a complete Labor Code to institutionalize the renewal policy and build a socialist-oriented market economy of the Communist Party of Vietnam, concretizing the 1992 Constitution's provisions on the fundamental rights of humans in labor, labor use, and management.
The Labor Code 1994 includes a Preface, 17 Chapters, and 198 Articles. This is the highest-value legal document on labor to date, with a wide scope of adjustment, including labor relations (QHLD) and relations directly related to labor relations. Through amendments and supplements in 2002, 2006, it reached 223 Articles, arranged in 17 Chapters. The Labor Code 1994 adjusted labor relations and social relations directly related to labor relations in line with the country's practical development through each period and contributed to gradual international integration. The provisions of the Labor Code relatively comprehensively address issues related to recruitment, management, and utilization of labor; clearly define the roles, responsibilities, and powers of state management agencies, political organizations, and socio-political organizations in labor; define the rights and responsibilities of trade unions, representatives of employees (NLĐ), and employers (NSDLĐ). However, the Labor Code 1994, amended and supplemented in 2002 and 2006, still reveals many limitations, existing in labor policies, laws, and practices related to labor relations, needing further research, amendment, and supplementation to institutionalize the Communist Party's viewpoint on building harmonious, stable, and progressive labor relations.
LABOR CODE 2012
After more than 10 years of implementation, the Labor Code 1994 has mainly come into practice, creating a legal corridor for subjects to establish labor relations, contributing to protecting the legitimate rights and interests of employees and employers, reasonably regulating labor relations, and other social relations closely related to labor relations, suitable to practical requirements such as labor contracts, collective labor agreements, wages, social insurance, working hours, rest periods, labor safety and hygiene, labor discipline, material responsibility, labor disputes, and labor dispute resolution mechanisms, strikes...
However, over time, the socio-economic situation of the country in general, the labor market, and labor relations, have seen changes requiring the Labor Code to be amended, supplemented.
The Labor Code 2012 was passed by the National Assembly, 13th Session, 3rd Meeting on June 18, 2012, and took effect from May 1, 2013, comprising 17 Chapters and 242 Articles. Since its inception, the Labor Code 2012 has overcome many limitations of the Labor Code 1994. However, after more than 05 years of application into practical life, the Labor Code has revealed many inadequacies causing difficulties in the application of the law and affecting the legitimate rights and interests of employees.
For instance, the provision of 02 conditions for employees to unilaterally terminate labor contracts in Article 37 of the Labor Code 2012. The implementation summary process shows that putting forward the above 2 conditions will cause difficulties for employees, especially in cases where employees rely on these to unilaterally terminate labor contracts. In some cases, employees find it very difficult to prove that they are being mistreated or forced to work; not assigned to the appropriate tasks... Therefore, unilaterally terminating labor contracts in these cases is often difficult. Thus, the Labor Code needs to be amended in the direction of only requiring a notice period for employees to unilaterally terminate labor contracts. Removing this provision ensures the right to choose better jobs for employees and to prevent forced labor, whenever the employee believes that the employer engages in forced labor or feels dissatisfied with the current job or finds better job opportunities, they can unilaterally terminate labor contracts without needing a reason. Employees only need to give a certain notice period for companies to actively find replacement labor.
LABOR CODE 2019
After more than 05 years of application in practical life, the Labor Code 2012 has revealed many inadequacies causing difficulties in the application of the law and affecting the legitimate rights and interests of employees.
Therefore, on November 20, 2019, the National Assembly passed the Labor Code 2019 with 90.06% of National Assembly delegates agreeing. The Labor Code 2019 was introduced to supplement the provisions lacking in the Labor Code 2012 as well as to promptly update the dynamic development of the country.
The Labor Code 2019 has many notable new points. For example, increasing the retirement age for women to 60 and for men to 62.
To be specific, according to Article 169 of the Labor Code 2019, the retirement age for employees in normal working conditions is adjusted according to a roadmap until reaching 62 years of age for male employees in 2028 and 60 years of age for female employees in 2035.
From 2021, the retirement age for employees in normal working conditions is 60 years and 03 months for male employees and 55 years and 04 months for female employees; thereafter, each year increases by 03 months for male employees and 04 months for female employees.
Thus, from 2021, the retirement age will increase by 03 months each year for male teachers and 04 months each year for female teachers until reaching 62 years of age for men by 2028 and 60 years of age for women by 2035.
Additionally, according to the Labor Code 2019, from January 1, 2021, employees and employers can only sign one of two types of labor contracts: definite-term labor contracts and indefinite-term labor contracts (the Labor Code 2019 has removed the seasonal labor contract as per the current regulations).
Toan Trung
