Prohibited acts regarding employment of disabled people in Vietnam

Prohibited acts regarding employment of disabled people in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Prohibited acts regarding employment of disabled people in Vietnam

Prohibited acts regarding employment of disabled people according to Article 160 of the Labor Code 2019 are as follows:

- Assign employees with work capacity reduction of at least 51%, serious or very serious disabilities to work overtime or work at night, unless otherwise agreed by the employees/

- Assign disabled employees to laborious, toxic or dangerous works on the list promulgated by the Minister of Labor, War Invalids and Social Affairs without their consent after they are properly informed of the works.

2. State policies on disabled employees in Vietnam

State policies on disabled employees according to Article 158 of the Labor Code 2019 is as follows:

The State shall protect the rights to work and to self-employment of disabled people; adopt policies to encourage and provide incentives for employers to create work for and to employ disabled people in accordance with regulations of law on People with Disabilities.

3. State policies on labor in Vietnam

State policies on labor according to Article 4 of the Labor Code 2019 is as follows:

- Guarantee the legitimate rights and interests of employees and workers without labor relations; encourage agreements providing employees with conditions more favorable than those provided by the labor laws.

- Guarantee the legitimate rights and interests of employers, to ensure lawful, democratic, fair and civilized labor management, and to promote corporate social responsibility.

- Facilitate job creation, self-employment and occupational training and learning to improve employability; labor-intensive businesses; application of certain regulations in this Labor code to workers without labor relations.

- Adopt policies on the development and distribution of human resources; improve productivity; provide basic and advanced occupational training, occupational skill development; assist in sustainment and change of jobs; offer incentives for skilled employees in order to meet the requirements of national industrialization and modernization.

- Adopt policies on labor market development and diversify types of linkage between labor supply and demand.

- Promote dialogues, collective bargaining and establishment of harmonious, stable and progressive labor relations between employees and employers.

- Ensure gender equality; introduce labor and social policies aimed to protect female, disabled, elderly and minor employees.

4. Rights and obligations of employees in Vietnam

Rights and obligations of employees according to Article 5 of the Labor Code 2019 are as follows:

* An employee has the rights to:

- 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;

- receive a salary commensurate with his/her occupational skills on the basis of an agreement with the employer; 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;

- establish, join an representative organization of employees, occupational associations and other organizations in accordance with law; 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;

- refuse to work if he/she finds that the work directly threatens his/her life or health;

- unilaterally terminate the employment contract;

- go on strike;

- exercise other rights prescribed by law.

* An employee has the obligations to:

- implement the employment contract, collective bargaining agreement and other lawful agreements;

- obey internal labor regulations, the lawful management, administration and supervision by the employer;

- implement regulations of laws on labor, employments, vocational education, social insurance, health insurance, unemployment insurance, occupational safety and health.

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