What is labor relation? Regulations on development of labor relations in Vietnam

What is labor relation? Regulations on development of labor relations in Vietnam
Lê Trương Quốc Đạt

What is labor relation? What are the regulations on development of labor relations in Vietnam? - Khanh Duy (Hau Giang, Vietnam)

What is labor relation? Regulations on development of labor relations in Vietnam
What is labor relation? Regulations on development of labor relations in Vietnam (Internet image)

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

1. What is labor relation?

According to Clause 5, Article 3 of the Labor Code 2019, labor relation means a social relation which arises in respect of the employment and salary payment between an employee and an employer, their representative organizations and competent authorities.

Labor relations include individual labor relation and collective labor relation.

2. Regulations on development of labor relations in Vietnam

Regulations on development of labor relations under Article 7 of the Labor Code 2019 are as follows:

- Labor relations are established through dialogue and negotiation on principles of voluntariness, good faith, equality, cooperation and mutual respect of each other’s the lawful rights and interests.

- Employers, employer representative organizations, employees and representative organizations of employees shall develop progressive, harmonious and stable labor relations with the assistance of competent authorities.

- The trade union shall cooperate with competent authorities in assisting the development of progressive, harmonious and stable labor relations; supervising implementation of labor laws; protecting the legitimate rights and interests of employees.

- Vietnam Chamber of Commerce and Industry, Vietnam Cooperative Association and other employer representative organizations that are lawfully established shall represent, protect the lawful rights and interests of employers, and participate in development of progressive, harmonious and stable labor relations.

3. Rights and obligations of employees in labor relations in Vietnam

Rights and obligations of employees in labor relations 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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