Luật Lao Động Tiếng Anh Là Gì

Pursuant to lớn the Constitution 1992 of the Socialist Republicof Vietphái nam amended & supplemented under the Resolution No. 51/2001/QH10;
The Labor Code specifies the labor standards; the rights,obligations và responsibilities of the employees, the employers, the laborrepresentative organizations, the employer representative organizations in thelabor relation & other relations directly related lớn the labor relation, theState management of labor.

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1. Employees are people from 15 years old & above sầu, capableof working, working under labor contracts, receiving salaries & subject tothe management of the employers.
2. The employers are enterprises, agencies, organizations,cooperatives, households and individuals hiring, employing employees underlabor contracts. The individuals must be sufficiently capable of civil acts.
3. The labor collectives are organized collectives of theemployees working for one employer or in one division under the organizationalstructure of the employer.
4. The internal labor representative organizations are theexecutive board of the internal Union or the executive board of the direct superiorUnion if the internal Union has not been established
5. The employer representative sầu organizations areorganizations legally established to represent và protect the lawful rightsvà interests of the employers in the labor relation.
6. Labor relation is the social relation occurring whilehiring or employing, paying salaries between the employee và the employer.
7. Labor dispute is the dispute over the rights, obligationsand interests arising in the labor relation.
The labor disputes include the personal labor disputebetween the employee & the employer, và the collective sầu labor dispute betweenthe labor collective sầu & the employer.
8. Collective labor dispute over rights is the disputebetween the labor collective và the employer arising out of the inconsistentexplanation & implementation of the law provisions on labor, the collectivelabor agreement, the labor regulations and other lawful agreements andregulations.
9. The collective labor dispute over interests is the labordispute arising when the labor collective requests the establishment of newworking conditions compared khổng lồ the law provisions on labor, the collectivelabor agreement, labor regulations và other lawful agreements và regulationsduring the negotiation between the labor collective sầu và the employers.
10. Coercive labor is the use of force, the threat khổng lồ useforce or other tricks lớn coerce other people to lớn work involuntarily.
1. Ensuring the legitimate rights và interests of theemployees; encouraging agreements that ensure more favorable conditions for theemployees than that in the law provisions on labor; encouraging employees topurchase stocks and contribute capital to the production & businessdevelopment.
2. Ensuring the lawful rights and interests of theemployers, managing labor in a legal, democratic, equitable, civilized manner,& enhance the social responsibilities.
3. Facilitating the employment creation, self-employment,vocational training và learning towards employment opportunities, facilitatingthe production and business that attract a lot of labor.
4. Planning the development & distribution of labor force;providing vocational training and skill improvement courses for employees,offering incentives to employees with great professional expertise that satisfythe modernization and industrialization requirements of the country.
5. Planning the labor market development, diversifying themeans of connection between the labor supply và demvà.
6. Guiding the communication and collective negotiationbetween employees và employers, building stable, progressive & harmoniouslabor relations.
7. Ensuring the gender equality; imposing labor regulationsand social policies in order to protect female employees, disabled employees,elderly employees và underage employees.
a) Work, independently select works, vocations, getvocational training và improvement without discrimination;
b) Receive sầu salaries consistently with the vocational skills& grade on the basis of the agreement with the employer; receive sầu workprotection, work in safe & hygienic conditions; take official leave sầu, paidannual leave sầu và enjoy collective sầu benefits;
c) Establish, join & participate in activities of theUnion, professional organizations & other organizations as prescribed by law;request và participating in discussions with the employer, exercise thedemocratic regulation and get consultancy at workplaces in order to lớn protect thelawful rights & interests; participate in the management under theregulations of the employer.
a) Employ, arrange & manage labor according to the demandfor production và business; commend & discipline for violations of labordiscipline;
b) Establish, join and participate in the activities ofprofessional organizations và other organizations as prescribed by law;
c) Request the labor collective sầu to lớn discuss, negotiate andconclude the collective labor agreement; participate in settling labor disputesvà strikes; discuss with the Union about the problem in labor relations,improve the material & mental life of the employees;
a) Perkhung the labor contract, collective labor agreementand other agreements with employees, respect the honor and dignity ofemployees;
b) Establish the mechanism & discuss with the laborcollective at the enterprise & strictly observe the internal democraticregulations;
c) Make the labor management book, salary book and presentthem at the request from competent agencies;
d) Declare the employment within 30 days as from startingthe operation, periodically make and send reports on the change in the laborstatus during the operation lớn local State labor management agencies;
1. Labor relation between the employee or the laborcollective with the employer is established through communication, negotiationand agreement in a voluntary, affable, equitable, cooperative sầu manner, in whichthe lawful rights và interests are mutually respected.
2. The Union, the employer representative sầu organizationsshall join the State agencies in building the stable, progressive sầu andharmonious labor relations, supervising the implementation of law provisions onlabor; protecting the lawful rights and interests of employees & theemployers.

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1. Discrimination by sex, race, social class, maritalstatus, belief, religion, discrimination against HIV sufferers, disabled peopleor against the reasons for establishing, joining & participate in the Unionactivities.
4. Exploiting vocational training and apprenticeship khổng lồ makeprofit, exploit labor or entice, coerce the vocational learners, apprenticesinto lớn committing unlawful acts.
5. Using untrained employees or employees without nationalvocational certificates lớn vì the jobs that required trained employees oremployees with national vocational certificates
6. Deceitfully enticing and advertising in order lớn cheatemployees or exploiting the employment services to lớn contractually skết thúc employeesabroad khổng lồ commit unlawful acts.
2. The State, the employers và the society are responsibleto lớn create employments và ensure that everyone capable of working is offeredemployment possibilities.
2. The employee may directly contact the employee or via theemployment services to lớn seek employment towards their expectations, vocationalgrade và health.
The employer is entitled lớn employ labor directly or viaemployment services, or outsourcing service providers. The employer is entitledto lớn increase or decrease the labor depending on the production & businessdemvà.
1. The State shall determine the target for employmentincrease in the five-year và the annual socio-economic development plans.
Depending on the socio-economic condition in each period,the Government shall present the National Assembly khổng lồ approve the Nationalprogram of vocational training & employment.
2. Establishing the policies on unemployment insurance andincentives for employees khổng lồ create self-employment, tư vấn employers thatemploy females, disabled people or people from ethnic groups.
3. Encouraging và facilitate the investment in productionand business development of domestic, foreign organizations & individuals inorder khổng lồ create more employments.
5. Establishing the National fund of employments khổng lồ grantpreferential loans for employment creation and other activities as prescribedby law.
1. People’s Committees of central-affiliated cities andprovinces (hereinafter referred to lớn as provincial People’s Committees) shallestablish and present the local employment programs khổng lồ the People’s Council atthe same cấp độ for approval.
2. Other employers, State agencies, enterprises,socio-political organizations, social organizations, within their scope ofduties and authority, are responsible lớn participate in the employmentprograms.
1. Employment service organizations shall provideconsultancy, offer employments and provide vocational training khổng lồ employees;supply và recruit labor at the request of the employer; collect và provideinformation about the labor market, and perkhung other duties as prescribed bylaw.
2. Employment service organizations include employmentservice centers and enterprises providing employment services.
Employment service centers are established và operated inaccordance with the Government’s provisions.
The enterprises providing employment services areestablished & operated as prescribed by the Law on Enterprise and must obtainthe Licenses to lớn provide employment services issued by provincial State labormanagement agencies.
3. Employment service organizations are eligible forcollecting fees, for tax exemption & reduction as prescribed by lawprovisions on fees & law provisions on tax.
A labor contract is an agreement between the employee andthe employer on the paid job, the work conditions, the rights và obligationsof each party in the labor relation.
1. A labor contract must be concluded in writing and madeinlớn 02 copies, the employee shall keep 01 copy, the employer shall keep 01copy, except for the case prescribed in Clause 2 this Article.