NATIONAL ASSEMBLY
--------SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness
----------------
Law No. 10/2012/QH13 Hanoi, June 18, 2012小站教育
LABOR CODE
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;
The National Asmbly promulgates the Labor Code.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
The Labor Code provides labor standards; rights, obligations and responsibilities of employees, employers, employees’ reprentative organizations and employers’ reprentative organizations in industrial relations and other relations directly related to industrial relations; and state management of labor.vipkid少儿英语怎么样
Article 2. Subjects of application
1. Vietname employees, apprentices, trainees, and other types of employee provided in this Code.
2. Employers.
3. Foreign employees who work in Vietnam.
4. Other agencies, organizations and individuals directly related to industrial relations.
Article 3. Interpretation of terms
In this Code, the terms below are construed as follows:
1. Employee means a person who is full 15 years or older, has the ability to work, works under a labor contract, is paid with wage and is managed and controlled by an employer.
2. Employer means an enterpri, an agency, an organization, a cooperative, a houhold or an individual that hires or employs employees under labor contracts; if the employer is an individual, he/she must have full civil act capacity.
3.Employees’ collectiv e means an organized group of employees working for the same employer or in the same division within the organizational apparatus of an employer.
4. Reprentative organization of a grassroots-level employees’ collective means the executive committee of the grassroots-level trade union or the executive committee of the immediate higher-level trade union in a non-unionized enterpri.
5.Employers’ reprentative organization means a lawfully established organization which reprents and protects the employe rs’ rights and legitimate interests in industrial relations.
6. Industrial relation means a social relation arising from the hiring or employment and wage payment between an employee and an employer.
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7. Labor dispute means a dispute over rights, obligations or interests which ari between the parties in industrial relations.
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Labor dispute compris individual labor dispute between an employee and an employer, and collective labor dispute between an employees’ collective and an employer.
8. Right-bad collective labor dispute means a dispute between an employees’ collective and an employer which aris from different explanations and implementations of the labor law, collective labor agreements, internal working regulations, and other regulations and lawful agreements.
9. Interest-bad collective labor dispute means a labor dispute arising from the request of an employees’ collective for the establishment of new working conditions compared to tho stipulated by the labor law, collective labor agreement, internal working regulations, or other regulations and lawful agreements reached in the negotiation process between the employees’ collective and the employer.
10. Forced labor means the u of force or threat to u force or other tricks to force a person to work against his/her will.
Article 4. State policies on labor
1. To guarantee the rights and legitimate interests of employees; to encourage agreements providing
employees with conditions more favorable than tho provided by the labor law; and to adopt policies which enable employees to purcha shares and make capital contributions for production and business development.
2. To guarantee the rights and legitimate interests of employers, to ensure lawful, democratic, fair and civilized labor management, and to promote their social responsibility.
3. To create favorable conditions for job creation, lf-employment and vocational training and learning in order to acquire employment, and for labor-intensive production and business activities.
4. To adopt policies on the development and distribution of human resources; to provide vocational training, training, retraining and improvement of occupational knowledge and skills for employees, and give preferences for employees with high professional and technical qualifications meeting the requirements of national industrialization and modernization.
5. To adopt policies on labor market development and diversify types of linkage between labor supply and demand.
6. To guide employees and employers to hold dialogues and collective bargains to establish harmonious, stable and progressive industrial relations.
7. To ensure gender equality principles; to stipulate the labor regime and social policies to protect female employees as well as disabled, elderly and minor employees.
入托Article 5. Rights and obligations of employees
1. An employee has the following rights:
a/ To work, freely choo a job or occupation, to participate in vocational training and to improve occupational skills and suffer no discrimination;
b/ To receive a wage commensurate with his/her occupational knowledge and skills on the basis of an agreement reached with the employer; to receive labor protection and work in assured conditions of labor safety and labor hygiene; to take leaves according to the prescribed regime, paid annual leaves and enjoy collective welfare benefits;
c/ To form and join and participate in activities of trade unions, occupational associations and other organizations in accordance with law; to request and participate in dialogues with the employer, implement democracy regulations and be consulted at the workplace to protect his/her rights and legitimate interests; and to participate in management activities according to the employer’s regulations;
d/ To unilaterally terminate the labor contract in accordance with law;
e/ To go on strike.
2. An employee has the following obligations:
a/ To perform the labor contract and collective labor agreement;
新目标九年级英语b/ To obey labor discipline and internal working regulations and follow lawful administration of the employer;
c/ To implement the laws on social insurance and health insurance.
Article 6. Rights and obligations of employers
1. An employer has the following rights:
a/ To recruit, arrange and manage employees according to the requirements of production and business; to perform commendation work and handle violations of labor discipline;
b/ To form, join and operate in occupational associations and other organizations in accordance with
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c/ To request the employees’ collective to have dialogue, negotiate and sign a collective labor agreement; to participate in the resolution of labor disputes and strikes; to exchange opinions with the trade union on issues related to industrial relations and improvement of the material and spiritual lives of employees;
d/ To temporarily clo the workplace.
2. An employer has the following obligations:
a/ To perform the labor contracts, collective labor agreement and other agreements with employees, to respect the honor and dignity of employees;
b/ To establish a mechanism for and hold dialogue with the employees’ collective at the enterpri and strictly implement the regulations on grassroots-level democracy;
c/ To keep a labor management book and a wage book and produce them to competent agencies upon request;
d/ To declare the u of labor within 30 days from the date of commencement of operation, and report periodically on changes in the labor in the process of operation to the local state management agency of labor;
e/ To implement other provisions of law on labor, social insurance and health insurance.
Article 7. Industrial relations
1. Industrial relations between an individual employee or the employees’ collective and an employer must be established through dialogue, negotiation and agreement bad on the principles of voluntariness, good faith, equality, cooperation and mutual respect for each other’s rights and legitimate interests.
2. Trade unions and the employers’ reprentative organizations shall, in collaboration with state agencies, facilitate the establishment of harmonious, stable and progressive industrial relations; supervi the implementation of the labor law; and protect the rights and legitimate interests of employees and employers.
Article 8. Prohibited acts
1. Discriminating on the basis of gender, race, skin color, social strata, marital status, belief, religion, HIV infection, disabilities or for the reason of establishing, joining trade unions and participating in trade union activities.
2. Maltreating employees and committing xual harassment at the workplace.
3. Forcing labor.
4. Making u of apprenticeship or on-the-job training for the purpo of lf-eking and exploiting labor, or enticing or compelling apprentices or on-the-job trainees to carry out illegal activities.
5. Using employees who have no vocational training or national occupational skills certificates for the occupations or jobs which require employees who have received vocational training or national occupational skills certificates.
6. Enticing, promising or making fal advertising to deceive employees or making u of employment rvices or the nding of labor to work abroad under contracts to commit illegal acts.
7. Illegally using minor employees.
Chapter II
EMPLOYMENT
vietnam是什么意思Article 9. Employment and creation of employment
1. Employment is any income-generating laboring activity that is not prohibited by law.
2. The State, employers and the society have the responsibility to create employment and guarantee that all people with working ability have access to employment opportunities.businesslike
Article 10. The right of employees to work
1. To work for any employer in any location that is not prohibited by law.
2. To directly contact an employer or through an employment rvice institution in order to find
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b that meets his/her expectation, capacity, occupational qualification, and health.
Article 11. The right of employers to recruit labor
An employer has the right to recruit labor directly or through employment rvice institutions and labor leasing institutions, to increa or reduce the number of employees according to production and business requirements.
Article 12. State policies in support of employment development
1. The State shall t a target number of newly created jobs in five-year and annual socio-economic development plans.
Depending on the socio-economic conditions of each period, the Government shall submit the national target program on employment and vocational training to the National Asmbly for decision.
2. To formulate the unemployment insurance policy and policies to encourage lf-employment and to assist employers who employ large numbers of employees who are female, disabled and ethnic minority persons.
3. To encourage and create favorable conditions for domestic and foreign organizations and individuals to invest in production and business development for employment creation.
4. To support employers and employees to ek and expand overas labor markets.
5. To establish a National Employment Fund to provide concessional loans for employment creation and other activities in accordance with law.
Article 13. Employment programs
1. The People’s Committees of provinces and centrally run cities (below referred to as provincial-level People Committees) shall develop and submit local employment programs to the Pe ople’s Councils of the same level for decision.
2. State agencies, enterpris, socio-political organizations and social organizations and employers shall, within the scope of their respective tasks and powers, participate in the implementation of employment programs.
Article 14. Employment rvice institutions
1. Employment rvice institutions have the function of providing job counling and placement rvices and vocational training to employees; supplying and recruiting employees at the request of employers; collecting and providing information about the labor market; and performing other tasks i
n accordance with law.
2. Employment rvice institutions include employment rvice centers and employment rvice enterpris.
Employment rvice centers are established and operate under the Government’s regulations. Employment rvice enterpris are established and operate under the Law on Enterpris and must have a licen to provide employment rvices granted by the provincial-level state management agency of labor.
3. Employment rvice institutions are entitled to collect charges and to tax reduction and exemption in accordance the laws on charges and taxes.
Chapter III
LABOR CONTRACT
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