Labor Code 2019 (Applicable from January 01, 01)

LAW

LABOR

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Labor Code.

Chapter I

GENERAL PROVISIONS #

Article 1. Scope

The Labor Code regulates labor standards; rights, obligations and responsibilities of employees, employers, representative organizations of employees at grassroots, representative organizations of employers in labor relations and other related relations directly to labor relations; State management of labor.

Article 2. Subject of application

1. Employees, apprentices, apprentices and employees who do not have an employment relationship.

2. Employers.

3. Foreign workers working in Vietnam.

4. Other agencies, organizations and individuals directly related to the labor relations.

Article 3. Explain words

In this Code, the following terms are construed as follows:

1. Workers means a person who works for an employer under an agreement, is paid a salary and is subject to the management, administration and supervision of the employer.

The minimum working age of employees is full 15 years, except for the case specified in Section 1, Chapter XI of this Code.

2. Employers means an enterprise, agency, organization, cooperative, household or individual that hires or employs employees to work for them as agreed upon; In case the employer is an individual, he/she must have full civil act capacity.

3. Organization representing workers at the facility is an organization established on a voluntary basis of employees at an employer for the purpose of protecting the legitimate rights and interests of employees in labor relations through negotiation. collective or other forms as prescribed by the labor law. Organizations representing workers at the grassroots include grassroots trade unions and workers' organizations at enterprises.

4. Employer's representative organization is a legally established organization that represents and protects the legitimate rights and interests of the employer in labor relations.

5. Labor Relations means a social relationship arising in the hiring, employment, and payment of wages between employees, employers, representative organizations of the parties, and competent state agencies. Labor relations include individual labor relations and collective labor relations.

6. Employees who do not have an employment relationship a person who works not on the basis of a contract of employment.

7. Forced labor is the use of force, threat of force or other tricks to force employees to work against their will.

8. Discrimination in labor is discrimination, exclusion or preference based on race, color, national or social origin, ethnicity, sex, age, maternity status, marital status, religion , beliefs, political opinions, disability, family responsibilities or on the basis of HIV status or because of the establishment, joining and operation of trade unions and organizations of employees at enterprises that have an impact on affect equality of employment or career opportunities.

Discrimination, exclusion or preference stemming from the specific requirements of the job and the acts of maintaining and protecting jobs for vulnerable workers are not considered discriminatory.

9. Sexual harassment at work is conduct of a sexual nature by any person toward another person in the workplace that is not desired or accepted by that person. A workplace is any place where an employee actually works as agreed or assigned by the employer.

Article 4. State policies on labor

1. Ensuring the lawful and legitimate rights and interests of employees and employees without labor relations; encourage agreements to ensure employees have more favorable conditions than those prescribed by the labor law.

2. Ensure the legitimate rights and interests of the employer, manage labor in accordance with the law, democracy, fairness and civilization, and enhance social responsibility.

3. Create favorable conditions for job creation, self-employment, vocational training and vocational training to get a job; production and business activities attract many workers; apply a number of provisions of this Code to employees who do not have an employment relationship.

4. Having policies on human resource development and distribution; improve labor productivity; training, fostering and improving professional qualifications and skills for employees; support to maintain and change careers and jobs for employees; preferential treatment for workers with high professional and technical qualifications to meet the requirements of the industrial revolution, the cause of industrialization and modernization of the country.

5. To adopt policies to develop the labor market, diversify forms of connecting labor supply and demand.

6. Promote workers and employers to dialogue, collective bargaining, building progressive, harmonious and stable labor relations.

7. Ensuring gender equality; stipulating labor regimes and social policies to protect female workers, employees with disabilities, elderly workers, and underage workers.

Article 5. Rights and obligations of employees

1. Employees have the following rights:

a) Working; freedom to choose jobs, workplaces, occupations, vocational training, and professional improvement; not be discriminated against, forced to work, or sexually harassed at work;

b) To receive a salary suitable to vocational qualifications and skills on the basis of an agreement with the employer; have labor protection, work in conditions that ensure occupational safety and hygiene; leave according to the regime, take annual leave with salary and enjoy collective benefits;

c) Establishing, joining and operating in employee representative organizations, professional organizations and other organizations as prescribed by law; request and participate in dialogues, implement democratic regulations, bargain collectively with employers and be consulted at work to protect their legitimate rights and interests; participate in management according to the rules of the employer;

d) Refuse to work if there is a clear and direct threat to life and health in the course of performing the work;

dd) Unilaterally terminate the labor contract;

e) Strike;

g) Other rights as prescribed by law.

2. Employees have the following obligations:

a) To perform labor contracts, collective labor agreements and other lawful agreements;

b) Obey labor discipline and labor regulations; comply with the management, administration and supervision of the employer;

c) Comply with the provisions of the law on labor, employment, vocational education, social insurance, health insurance, unemployment insurance and occupational safety and hygiene.

Article 6. Rights and obligations of the employer

1. Employers have the following rights:

a) Recruit, arrange, manage, administer and supervise labor; reward and handle violations of labor discipline;

b) Establish, join and operate in employer representative organizations, professional organizations and other organizations as prescribed by law;

c) Request the representative organization of employees to negotiate for the purpose of signing a collective labor agreement; participate in the settlement of labor disputes and strikes; dialogue and exchange with employee representative organizations on issues in labor relations, improvement of material and spiritual life of employees;

d) Temporarily closing the workplace;

d) Other rights as prescribed by law.

2. Employers have the following obligations:

a) To perform labor contracts, collective labor agreements and other lawful agreements; respect the honor and dignity of employees;

b) Establish a mechanism and conduct dialogue and exchange with employees and employee representative organizations; implement democratic regulations at the grassroots in the workplace;

c) Training, re-training and fostering to improve professional qualifications and skills in order to maintain and change occupations and jobs for employees;

d) Comply with the provisions of the law on labor, employment, vocational education, social insurance, health insurance, unemployment insurance and occupational safety and hygiene; develop and implement solutions to prevent and combat sexual harassment in the workplace;

d) Participate in the development of national occupational skills standards, assessment and recognition of occupational skills for workers.

Article 7. Building labor relations

1. Labor relations are established through dialogue, negotiation and agreement on the principles of voluntariness, goodwill, equality, cooperation, and respect for each other's legitimate rights and interests.

2. Employers, representative organizations of employers and employees, and representative organizations of employees build progressive, harmonious and stable labor relations with the support of agencies. competent state.

3. Trade unions join with competent state agencies in supporting the building of progressive, harmonious and stable labor relations; supervise the implementation of the provisions of the law on labor; protect the legitimate rights and interests of employees.

4. The Vietnam Chamber of Commerce and Industry, the Vietnam Union of Cooperatives and other employer's representative organizations established in accordance with the law have the role of representing, protecting the rights and interests of employers. legitimate interests of the employer, participate in building progressive, harmonious and stable labor relations.

Article 8. Prohibited acts in the field of labor

1. Discrimination in labor.

2. Mistreatment of employees, forced labor.

3. Sexual harassment in the workplace.

4. Taking advantage of the name of vocational training or apprenticeship to make profit, exploit the labor force or entice, seduce or force apprentices or apprentices to engage in illegal activities.

5. Employing untrained workers or having no national certificates of vocational skills for occupations and jobs requiring trained workers or having national certificates of vocational skills.

6. Enticing, enticing, promising, false advertising or other tricks to deceive employees or to recruit employees for the purpose of human trafficking, exploitation, forced labor or taking advantage of services employment cases, activities of sending workers to work abroad under contracts to commit illegal acts.

7. Illegally employing underage workers.

Chapter II

EMPLOYMENT, RECRUITMENT AND LABOR MANAGEMENT #

Article 9. Employment, employment settlement

1. Employment is an income-generating labor activity that is not prohibited by law.

2. The State, employers and society have the responsibility to participate in job creation, ensuring that everyone with working capacity has the opportunity to have a job.

Article 10. Right to work of employees

1. To be free to choose employment, to work for any employer and in any place not prohibited by law.

2. Directly contact the employer or through an employment service organization to search for a job according to his/her aspirations, abilities, professional qualifications and health.

Article 11. Labor recruitment

1. Employers have the right, directly or through employment service organizations or labor outsourcing enterprises, to recruit workers according to the employer's needs.

2. Employees do not have to pay labor recruitment costs.

Article 12. Employer's responsibility for labor management

1. Make, update, manage and use the paper or electronic labor management book and present it at the request of a competent state agency.

2. Report the use of labor within 30 days from the date of commencement of operation, periodically report on changes in labor during the course of operation to the specialized labor agency under the Human Resources Committee. provincial people and notify the social insurance agency.

3. The Government shall detail this Article.

Chapter III

LABOR CONTRACT #

Section 1. CONTRACTING LABOR CONTRACT

Article 13. Labor contract

1. Labor contract is an agreement between an employee and an employer on paid jobs, wages, working conditions, rights and obligations of each party in the labor relationship.

If the two parties reach an agreement by another name but have contents showing the paid employment, salary and the management, administration and supervision of one party, it is considered the labor contract.

2. Before accepting employees to work, the employer must enter into a labor contract with the employee.

Article 14. Form of labor contract

1. The labor contract must be entered into in writing and made into 02 copies. The employee keeps 01 copy and the employer keeps 01 copy, except for the case specified in Clause 2 of this Article.

Labor contracts entered into via electronic means in the form of data messages in accordance with the law on electronic transactions have the same value as a written labor contract.

2. The two parties may enter into a verbal labor contract for a contract with a term of less than 01 month, except for the cases specified in Clause 2, Article 18, Point a, Clause 1, Article 145, and Clause 1, Article 162 of the Ministry. this law.

Article 15. Principles of entering into labor contracts

1. Voluntary, equal, goodwill, cooperative and honest.

2. Freedom to enter into labor contracts but not against the law, collective labor agreement and social ethics.

Article 16. Obligation to provide information when entering into labor contracts

1. Employers must provide employees with truthful information about their jobs, working locations, working conditions, working hours, rest times, occupational safety and hygiene, salary, form of payment, social insurance, health insurance, unemployment insurance, regulations on protection of business secrets, protection of technology secrets and other issues directly related to the delivery of goods. labor contract that the employee requires.

 2. Employees must provide truthful information to the employer about their full name, date of birth, gender, place of residence, education level, vocational skill level, and health status confirmation. health and other issues directly related to the conclusion of a labor contract requested by the employer.

Article 17. Behaviors that employers are not allowed to do when entering into and performing labor contracts

1. Keep originals of employees' identity papers, diplomas and certificates.

2. Requiring employees to apply security measures in money or other property for the performance of the labor contract.

3. Forcing employees to perform labor contracts to pay debts to employers.

Article 18. Authority to enter into labor contracts

1. Employees directly enter into labor contracts, except for the case specified in Clause 2 of this Article.

2. For seasonal jobs or certain jobs with a term of less than 12 months, a group of employees aged full 18 years or older may authorize one employee in the group to enter into a labor contract; in this case, the labor contract must be entered into in writing and have the same effect as a contract with each employee.

The labor contract signed by the authorized person must be accompanied by a list clearly stating the full name, date of birth, gender, place of residence and signature of each employee.

3. The person entering into a labor contract on the employer's side is a person in one of the following cases:

a) The legal representative of the enterprise or the person authorized by law;

b) The head of an agency or organization has the legal person status as prescribed by law or an authorized person according to the provisions of law;

c) Representative of household, cooperative group, other organization without legal status or authorized person as prescribed by law;

d) Individuals directly employ workers.

4. The person entering into a labor contract on the employee's side is a person in one of the following cases:

a) The employee is full 18 years of age or older;

b) The employee is from full 15 years old to under 18 years old with the written consent of his/her legal representative;

c) Persons under 15 years of age and their legal representatives;

d) The employee is legally authorized by the employees in the group to enter into a labor contract.

5. Persons authorized to enter into labor contracts may not re-authorize other persons to enter into labor contracts.

Article 19. Entering into many labor contracts

1. An employee can enter into many labor contracts with many employers but must ensure the full implementation of the signed contents.

2. Employees concurrently enter into many labor contracts with many employers, the participation in social insurance, health insurance and unemployment insurance shall comply with the provisions of the law on insurance social insurance, health insurance, unemployment insurance and occupational safety and sanitation.

Article 20. Type of labor contract

1. Labor contracts must be entered into in one of the following categories:

a) An indefinite term labor contract is a contract in which the two parties do not determine the term and the time of termination of the contract's validity;

b) A definite-term labor contract is a contract in which the two parties determine the term and the time of termination of the contract's validity within 36 months from the effective date of the contract.

2. When the labor contract specified at Point b, Clause 1 of this Article expires, but the employee continues to work, the following actions shall be taken:

a) Within 30 days from the date of expiration of the labor contract, the two parties must sign a new labor contract; during the time when a new labor contract has not been signed, the rights, obligations and interests of the two parties shall be performed according to the signed contract;

b) If the time limit of 30 days from the date of expiration of the labor contract expires, but the two parties do not sign a new labor contract, the contract entered into under the provisions of point b, clause 1 of this Article becomes a labor contract. indefinite term;

c) In case the two parties sign a new labor contract which is a definite-term labor contract, it can only sign one more time, after that, if the employee continues to work, he/she must sign a labor contract. for an indefinite term, except for the labor contract for the person hired as a director in a state-owned enterprise and the cases specified in Clause 01, Article 1, Clause 149, Article 2, and Clause 151, Article 4 of this Code. .

Article 21. Contents of labor contract

1. A labor contract must contain the following principal contents:

a) Name and address of the employer and full name and title of the person entering into the labor contract on the employer's side;

b) Full name, date of birth, gender, place of residence, number of citizen identification card, identity card or passport of the person entering into the labor contract on the employee's side;

c) Work and working place;

d) Term of the labor contract;

dd) Salary according to job or title, form of salary payment, time limit for salary payment, salary allowance and other additional amounts;

e) Regime of promotion and salary increase;

g) Working time, rest time;

h) Labor protective equipment for the employee;

i) Social insurance, health insurance and unemployment insurance;

k) Training, fostering and improving vocational qualifications and skills.

2. When an employee's work is directly related to a business secret or a technology secret as prescribed by law, the employer has the right to reach a written agreement with the employee on the content, term of protection of business secrets, protection of technology secrets, rights and compensation in case of violation.

3. For employees working in the fields of agriculture, forestry, fishery and salt production, depending on the type of work, the two parties may reduce a number of key contents of the labor contract and the additional agreement. supplement the content of the settlement method in case the contract performance is affected by natural disasters, fires and weather.

4. The Government shall stipulate the contents of labor contracts for employees hired as directors in enterprises with state capital.

5. The Minister of Labor, War Invalids and Social Affairs shall detail Clauses 1, 2 and 3 of this Article.

Article 22. Appendix to labor contract

1. The labor contract appendix is ​​a part of the labor contract and has the same effect as the labor contract.

2. The labor contract appendix details, amends and supplements a number of articles and clauses of the labor contract but must not modify the term of the labor contract.

In case the labor contract appendix details a number of articles and clauses of the labor contract which leads to a different interpretation from the labor contract, the contents of the labor contract shall prevail.

In case the labor contract appendix amends and supplements a number of articles and clauses of the labor contract, it must clearly state the content of the amended and supplemented article and clause and the effective time.

Article 23. Effect of labor contract

The labor contract takes effect from the date of signing by the two parties, unless otherwise agreed by the two parties or provided for by law.

Article 24. Probation

1. Employers and employees may agree on the content of probation stated in the labor contract or agree on probation by entering into a probationary contract.

2. The main contents of a probationary contract include the probationary period and the contents specified at Points a, b, c, dd, g and h, Clause 1, Article 21 of this Code.

3. The probationary period is not applied to employees entering into labor contracts with a term of less than 01 month.

Article 25. Probation period

The probationary period shall be agreed upon by the two parties based on the nature and complexity of the job, but only once for a job and ensuring the following conditions:

1. No more than 180 days for an enterprise manager's work in accordance with the Law on Enterprises, the Law on Management and Use of State Capital invested in production and business in enterprises;

2. No more than 60 days for jobs with professional titles requiring professional or technical qualifications from college or higher;

3. No more than 30 days for jobs with professional titles that require intermediate professional qualifications, technical workers, and professional staff;

4. No more than 06 working days for other jobs.

Article 26. Probationary salary

The employee's salary during the probationary period shall be agreed upon by the two parties but must be at least 85% of the salary of that job.

Article 27. End of probation period

1. At the end of the probationary period, the employer must notify the probation result to the employee.

In case the probationary period is satisfactory, the employer shall continue to perform the signed labor contract, in the case of probationary agreement in the labor contract, or must enter into a labor contract in the case of contract of employment. probation contract.

In case of unsatisfactory probation, the signed labor contract or probationary contract shall be terminated.

2. During the probationary period, each party has the right to cancel the signed probationary contract or labor contract without prior notice and without compensation.

Section 2. IMPLEMENTATION OF LABOR CONTRACT

Article 28. Performance of work under the labor contract

The work under the labor contract must be performed by the employee who has entered into the contract. The working location shall comply with the labor contract, unless otherwise agreed by the two parties.

Article 29. Moving of workers to do jobs other than labor contracts

1. When facing unexpected difficulties due to natural disasters, fires, dangerous epidemics, applying measures to prevent and remedy occupational accidents, occupational diseases, electricity and water problems or due to production needs, business, the employer is entitled to temporarily transfer the employee to another job compared with the labor contract, but not exceeding 60 cumulative working days in 01 year; In case the employee is transferred to a job other than the labor contract for more than 60 cumulative working days in 01 year, it shall only be done when the employee agrees in writing.

The employer shall specify in the internal labor regulations the cases in which, due to production and business needs, the employer may temporarily transfer the employee to a job other than the labor contract.

2. When temporarily transferring an employee to a job other than the labor contract specified in Clause 1 of this Article, the employer must notify the employee at least 03 working days in advance, clearly informing temporary working term and assigning jobs suitable to the health and gender of the employees.

3. Employees who move to a job other than the labor contract are paid according to the new job. If the salary of the new job is lower than the salary of the old job, the salary of the old job is kept unchanged for 30 working days. The salary according to the new job must be at least 85% of the salary of the old job but not less than the minimum wage.

4. If the employee does not agree to temporarily do a job other than the labor contract for more than 60 cumulative working days in a year and has to stop working, the employer must pay the stoppage salary as prescribed in Article 01 of this Law. 99 of this Code.

Article 30. Suspension of the performance of labor contracts

1. Cases of temporary suspension of the performance of a labor contract include:

a) The employee performs the military service or the obligation to join the Militia and Self-Defense Force;

b) The employee is held in custody or temporary detention in accordance with the law on criminal procedures;

c) The employee must abide by the decision to apply the measure of sending to reformatory, compulsory detoxification establishment or compulsory education institution;

d) Pregnant female employees as prescribed in Article 138 of this Code;

dd) The employee is appointed as an enterprise manager of a one-member limited liability company in which 100% of charter capital is held by the State;

e) The employee is authorized to exercise the rights and responsibilities of the state owner's representative for the state capital portion of the enterprise;

g) The employee is authorized to exercise the rights and responsibilities of the enterprise with respect to the capital portion of the enterprise invested in another enterprise;

h) Other cases as agreed by both parties.

2. During the period of suspension of the performance of the labor contract, the employee is not entitled to the salary and rights and benefits entered into the labor contract, unless otherwise agreed by the two parties or provided for by law. .

Article 31. Re-acceptance of employees after the expiration of the period of temporary suspension of the performance of the labor contract

Within 15 days after the expiration of the period of temporary suspension of the performance of the labor contract, the employee must be present at the workplace and the employer must accept the employee to return to work under the labor contract. if the labor contract is still valid, unless otherwise agreed by the two parties or provided for by law.

Article 32. Part-time work

1. Part-time employee means an employee whose working time is shorter than the normal working time on a daily, weekly or monthly basis as prescribed in the labor legislation, agreements and agreements. collective labor or labor regulations.

2. The employee agrees with the employer to work part-time when concluding the labor contract.

3. Part-time employees are entitled to wages; equality in exercising rights and obligations with full-time employees; equality of opportunities, non-discrimination, ensuring occupational safety and hygiene.

Article 33. Amendment and supplementation of labor contracts

1. During the performance of the labor contract, if any party requests to amend or supplement the contents of the labor contract, it must notify the other party at least 03 working days in advance of the contents to be amended. complementary.

2. If the two parties can reach agreement, the amendment and supplementation of the labor contract's contents shall be carried out by signing an appendix to the labor contract or concluding a new labor contract.

3. In case the two parties cannot agree on the amendment and supplementation of the labor contract, they shall continue to perform the signed labor contract.

Section 3. TERMINATION OF LABOR CONTRACT

Article 34. Cases of termination of labor contracts

1. The employment contract expires, except for the case specified in Clause 4, Article 177 of this Code.

2. The work has been completed according to the labor contract.

3. The two parties agree to terminate the labor contract.

4. The employee is sentenced to prison but is not entitled to a suspended sentence or is not released under the provisions of Clause 5, Article 328 of the Criminal Procedure Code, is sentenced to death, or is prohibited from doing the job listed. in the labor contract under the court's judgment or decision that has taken legal effect.

5. Foreign employees working in Vietnam are expelled according to legally effective court judgments or decisions, or decisions of competent state agencies.

6. The worker dies; has been declared by the Court to have lost his civil act capacity, is missing or has died.

7. The employer being an individual dies; has been declared by the Court to have lost his civil act capacity, is missing or has died. The employer who is not an individual terminates its operation or is notified by the specialized business registration agency of the People's Committee of the province that there is no legal representative or authorized person to do so. rights and obligations of the legal representative.

8. The employee is disciplined and fired.

9. The employee unilaterally terminates the labor contract according to the provisions of Article 35 of this Code.

10. The employer unilaterally terminates the labor contract according to the provisions of Article 36 of this Code.

11. Employers terminate employees according to the provisions of Articles 42 and 43 of this Code.

12. The work permit expires for foreign employees working in Vietnam according to the provisions of Article 156 of this Code.

13. In case the probationary agreement is agreed upon in the labor contract, the probationer fails to meet the requirements or one party cancels the probation agreement.

Article 35. The employee's right to unilaterally terminate the labor contract

1. An employee has the right to unilaterally terminate a labor contract but must notify the employer in advance as follows:

a) At least 45 days if working under an indefinite term labor contract;

b) At least 30 days if working under a definite-term labor contract with a term from 12 to 36 months;

c) At least 03 working days if working under a definite-term labor contract with a term of less than 12 months;

d) For a number of specific industries, trades and jobs, the time limit for advance notice shall comply with the Government's regulations.

2. An employee has the right to unilaterally terminate the labor contract without prior notice in the following cases:

a) Not being arranged according to the right job, working location or not guaranteed the agreed working conditions, except for the case specified in Article 29 of this Code;

b) The salary is not paid in full or the salary is not paid on time, except for the case specified in Clause 4, Article 97 of this Code;

c) Being abused, beaten by the employer or having insulting words or acts, acts affecting health, dignity and honor; forced labor;

d) Being sexually harassed at work;

dd) Pregnant female employees must take leave as prescribed in Clause 1, Article 138 of this Code;

e) Having reached the retirement age as prescribed in Article 169 of this Code, unless otherwise agreed by the parties;

g) The employer provides untruthful information as prescribed in Clause 1, Article 16 of this Code, affecting the performance of the labor contract.

Article 36. Unilateral termination of a labor contract by the employer

1. The employer has the right to unilaterally terminate the labor contract in the following cases:

a) The employee who regularly fails to complete the work according to the labor contract is determined according to the criteria for assessing the level of work completion in the employer's regulations. Regulations on assessment of job completion are promulgated by the employer, but must consult the employee representative organization at the grassroots level in the case of a representative organization of employees at the grassroots level;

b) An employee suffering from an illness or accident has received treatment for 12 consecutive months, for employees working under an indefinite term labor contract, or has received treatment for 06 consecutive months, for employees working under a labor contract; definite-term labor contract with a term from 12 months to 36 months or more than half the term of the labor contract, for those working under a definite-term labor contract with a term of less than 12 months, but the working capacity has not yet been restored. dress.

When the worker's health recovers, the employer will consider continuing to enter into a labor contract with the employee;

c) Due to natural disasters, fires, dangerous epidemics, enemy sabotage or relocation or downsizing of production and business at the request of competent state agencies, but the employer has sought all remedial measures. but still forced to reduce the workplace;

d) The employee is not present at the workplace after the time limit specified in Article 31 of this Code;

dd) The employee reaches the retirement age as prescribed in Article 169 of this Code, unless otherwise agreed;

e) The employee voluntarily quits his job without a legitimate reason for 05 consecutive working days or more;

g) The employee provides dishonest information as prescribed in Clause 2, Article 16 of this Code when entering into a labor contract, affecting the recruitment of employees.

2. When unilaterally terminating the labor contract in the cases specified at Points a, b, c, dd and g, Clause 1 of this Article, the employer must notify the employee in advance as follows:

a) At least 45 days for labor contracts with indefinite terms;

b) At least 30 days for a definite-term labor contract with a term of between 12 and 36 months;

c) At least 03 working days for a definite-term labor contract with a term of less than 12 months and for the case specified at Point b, Clause 1 of this Article;

d) For a number of specific industries, trades and jobs, the time limit for advance notice shall comply with the Government's regulations.

3. When unilaterally terminating the labor contract specified at Points d and e, Clause 1 of this Article, the employer is not required to notify the employee in advance.

Article 37. Where the employer is not allowed to exercise the right to unilaterally terminate the labor contract

1. The employee is sick or has an accident or occupational disease who is being treated or nursed under the direction of a competent medical examination and treatment establishment, except for the case specified at Point b, Clause 1, Article 36 of the Ministry of Health. this law.

2. The employee is taking annual leave, taking separate leave and other cases of leave agreed by the employer.

3. Pregnant female employees; the employee is on maternity leave or raising a child under 12 months old.

Article 38. Cancellation of unilateral termination of labor contract

Each party has the right to cancel the unilateral termination of the labor contract before the expiration of the notice period but must notify in writing and must be agreed by the other party.

Article 39. Illegal unilateral termination of labor contracts

Illegal unilateral termination of a labor contract is a case in which the employment contract is terminated in contravention of the provisions of Articles 35, 36 and 37 of this Code..

Article 40. Obligations of employees when illegally terminating a labor contract unilaterally

1. No severance allowance.

2. To compensate the employer for half a month's salary according to the labor contract and an amount corresponding to the salary under the labor contract for unannounced days.

3. Must reimburse the employer for training expenses specified in Article 62 of this Code.

Article 41. Obligations of the employer when unlawfully unilaterally terminating the labor contract

1. Must accept employees back to work under signed labor contracts; must pay wages, pay social insurance, health insurance and unemployment insurance premiums in the days when the employee is not allowed to work and must additionally pay the employee an amount equal to at least 02 months' salary according to the contract. labor co.

After being reinstated to work, the employee shall return to the employer the severance allowance or job loss allowance if received from the employer.

In case the employee no longer has the position or job specified in the labor contract but the employee still wants to work, the two parties shall agree to amend and supplement the labor contract.

In case of violation of the provisions on the notice period specified in Clause 2, Article 36 of this Code, an amount of money corresponding to the salary under the labor contract must be paid in the days without prior notice.

2. In case the employee does not want to continue working, in addition to the amount to be paid specified in Clause 1 of this Article, the employer must pay severance allowance as prescribed in Article 46 of this Code in order to terminate the employment. labor contract.

3. In case the employer does not want to take back the employee and the employee agrees, in addition to the amount the employer must pay as prescribed in Clause 1 of this Article and the severance allowance specified in Article 46 of this Code, the two parties agree on an additional amount of compensation for the employee, but at least equal to 02 months' salary according to the labor contract to terminate the labor contract.

Article 42. Obligations of employers in case of changes in structure, technology or economic reasons

1. The following cases shall be considered as structural or technological change:

a) Changing organizational structure, reorganizing labor;

b) Changing production and business processes, technologies, machines and equipment associated with the employer's production and business lines;

c) Change of product or product structure.

2. The following cases are considered for economic reasons:

a) Economic crisis or recession;

b) Implement policies and laws of the State when restructuring the economy or implementing international commitments.

3. In case of changes in structure or technology that affect the employment of many employees, the employer must develop and implement a plan for labor use according to the provisions of Article 44 of this Code. ; In case there is a new workplace, priority shall be given to retraining workers for continued employment.

4. In case many employees are at risk of losing their jobs or having to quit their jobs due to economic reasons, the employer must develop and implement a labor use plan according to the provisions of Article 44 of this Law. This Code.

5. In cases where the employer cannot find a job but has to dismiss the employee, he/she must pay a job loss allowance according to the provisions of Article 47 of this Code.

6. The severance of employees under the provisions of this Article can only be done after consulting with the representative organization of employees at the grassroots level for the place where the representative organization is located. at the establishment of which the employee is a member and notify 30 days in advance to the provincial People's Committee and to the employee.

Article 43. Obligations of the employer upon division, separation, consolidation or merger; sale, lease, change the type of business; Transfer of ownership, right to use assets of enterprises or cooperatives

1. In case of division, separation, consolidation or merger; selling, leasing, converting the type of business; When transferring the ownership or right to use assets of an enterprise or cooperative, which affects the employment of many employees, the employer must develop a plan for labor use according to the provisions of Article 44. of this Code.

2. The current employer and the next employer are responsible for implementing the approved labor use plan.

3. Employees who are laid off from work are entitled to receive unemployment allowance according to the provisions of Article 47 of this Code.

Article 44. Plans for using labor

1. A plan on employment of labor must have the following principal contents:

a) Number and list of employees who continue to be employed, employees who are retrained for continued employment, and employees who are transferred to part-time jobs;

b) Number and list of retired employees;

c) Number and list of employees subject to termination of labor contracts;

d) Rights and obligations of employers, employees and related parties in the implementation of the labor use plan;

d) Measures and financial sources to ensure the implementation of the plan.

2. When formulating a plan on employment of employees, the employer must consult with the employee representative organization at the grassroots level for the place where the representative organization of employees is located. The labor use plan must be publicly notified to the employees within 15 days from the date of approval.

Article 45. Notice of termination of labor contract

1. The employer must notify in writing the employee of the termination of the labor contract when the labor contract is terminated in accordance with the provisions of this Code, except for the case specified in Clause 4, 5, 6, 7 and 8 Article 34 of this Code.

2. In case the employer who is not an individual terminates the operation, the time of termination of the labor contract shall be counted from the time of receiving the notice of termination of operation.

In case the employer who is not an individual is notified by the specialized business registration agency of the People's Committee of the province that it does not have a legal representative, the authorized person shall exercise the rights and obligations of the employer. duties of the legal representative as prescribed in Clause 7 Article 34 of this Code, the time of termination of the labor contract shall be counted from the date of issuance of the notice.

Article 46. Severance pay

1. When the labor contract is terminated as prescribed in Clauses 1, 2, 3, 4, 6, 7, 9 and 10, Article 34 of this Code, the employer is responsible for paying the severance for employees who have worked regularly for them for full 12 months or more, each working year is entitled to a subsidy of half a month's salary, unless they are eligible for pension under the provisions of the law on social insurance. association and the case specified at Point e, Clause 1, Article 36 of this Code.

2. Working time for calculation of severance allowance is the total time the employee has actually worked for the employer minus the time the employee has participated in unemployment insurance as prescribed by law. on unemployment insurance and working time has been paid severance allowance and job loss allowance by the employer.

3. The salary used to calculate the severance allowance is the average salary of the preceding 06 months according to the labor contract before the employee quits his job.

4. The Government shall detail this Article.

Article 47. Unemployment benefits

1. Employers shall pay job loss allowances to employees who have worked regularly for them for full 12 months or more but lose their jobs as prescribed in Clause 11 Article 34 of this Code, every 01 month's salary for each working year, but at least equal to 02 months' salary.

2. Working time to calculate job loss allowance is the total time the employee has actually worked for the employer minus the time the employee has participated in unemployment insurance as prescribed by law. the law on unemployment insurance and working time has been paid by the employer with severance allowance and job loss allowance.

3. Salary for calculating job loss allowance is the average salary of 06 consecutive months under the labor contract before the employee loses his/her job.

4. The Government shall detail this Article.

Article 48. Responsibilities when terminating labor contracts

1. Within 14 working days from the date of termination of the labor contract, the two parties are responsible for fully paying the sums related to each party's interests, except for the following cases where it may be prolonged. but not more than 30 days:

a) The employer who is not an individual terminates the operation;

b) The employer changes the structure, technology or economic reasons;

c) Division, separation, consolidation, merger; selling, leasing, converting the type of business; transfer of ownership, right to use assets of enterprises or cooperatives;

d) Due to natural disaster, fire, enemy sabotage or dangerous epidemic.

2. Wages, social insurance, health insurance, unemployment insurance, severance pay and other benefits of employees under collective labor agreements, labor contracts are prioritized for payment in case the enterprise or cooperative is terminated, dissolved, or bankrupt.

3. Employers have the following responsibilities:

a) Complete the procedures for confirming the time of payment of social insurance and unemployment insurance premiums and return them together with the originals of other papers if the employer has kept them from the employee;

b) Provide copies of documents related to the employee's working process if requested by the employee. The cost of copying and sending documents is paid by the employer.

Section 4. LABOR CONTRACT VOID

Article 49. Invalid labor contract

1. A labor contract is completely invalidated in the following cases:

a) The entire content of the labor contract violates the law;

b) The person entering into a labor contract is not within the competence or violates the principles of entering into a labor contract specified in Clause 1, Article 15 of this Code;

c) The work entered into in the labor contract is a job prohibited by law.

2. A labor contract is partially invalidated when the content of that part violates the law but does not affect the remaining parts of the contract.

Article 50. Authority to declare labor contracts invalid

The People's Court has the right to declare an employment contract invalid.

Article 51. Handling of invalid labor contracts

1. When a labor contract is declared partially invalid, the following actions shall be taken:

a) The rights, obligations and interests of the two parties shall be settled according to the applicable collective labor agreement; in case there is no collective labor agreement, the provisions of law shall apply;

b) The two parties shall amend and supplement the part of the labor contract that is declared invalid to be consistent with the collective labor agreement or the labor law.

2. When the labor contract is declared invalid in its entirety, the rights, obligations and interests of the employee shall be settled according to the provisions of law; In case the signing is not authorized, the two parties will sign again.

3. The Government shall detail this Article.

Section 5. LABOR RENTAL

Article 52. Labor sub-leasing

1. Labor subleasing means an employee entering into a labor contract with an employer who is a labor outsourcing enterprise, after which the employee is transferred to work and is under the management of the employer. other employers who still maintain labor relations with the employer who has entered into a labor contract.

2. Labor outsourcing is a conditional business line, which can only be performed by enterprises that have a license for labor outsourcing and applies to certain jobs.

Article 53. Principles of outsourcing activities

1. The maximum term of outsourcing for employees is 12 months.

2. The outsourcing party may use the outsourced labor in the following cases:

a) Temporary response to a sudden increase in demand for labor within a certain period of time;

b) Replace the employee during maternity leave, suffer a labor accident, occupational disease or have to perform civic obligations;

c) There is a need to employ workers with high professional and technical qualifications.

3. The outsourcing party may not use the outsourced labor in the following cases:

a) To replace an employee who is in the process of exercising the right to strike and settle labor disputes;

b) There is no specific agreement on the liability for compensation for occupational accidents and diseases of the outsourced worker with the outsourcing enterprise;

c) Replace employees who have been laid off due to changes in structure, technology, economic reasons or division, separation, consolidation or merger.

4. The outsourcing party may not transfer the outsourced employee to another employer; may not use subcontractors provided by enterprises that do not have a Labor Outsourcing License.

Article 54. Labor outsourcing enterprises

1. Labor outsourcing enterprises must make a deposit and be granted a labor outsourcing license.

2. The Government shall stipulate the deposit, conditions, order and procedures for grant, re-grant, extension and revocation of the labor outsourcing license and the list of jobs to be performed outsourcing. .

Article 55. Labor subleasing contract

1. The outsourcing enterprise and the outsourcing party must sign the labor outsourcing contract in writing and make it into 02 copies, each party keeps 01 copy.

2. A labor outsourcing contract includes the following main contents:

a) Working location, job position that needs to be hired by the outsourced worker, specific content of the job, and specific requirements for the outsourced employee;

b) The term of re-employment; the employee's starting time of employment;

c) Working time, rest time, occupational safety and health conditions at the workplace;

d) Responsibility for compensation for occupational accidents and diseases;

d) Obligations of each party towards the employee.

3. The outsourcing contract must not contain agreements on the rights and interests of the employee that are lower than the labor contract signed by the outsourcing enterprise with the employee.

Article 56. Rights and obligations of labor outsourcing enterprises

In addition to the rights and obligations specified in Article 6 of this Code, the outsourcing enterprise has the following rights and obligations:

1. To ensure the recruitment of qualified workers in accordance with the requirements of the outsourcing party and the contents of the labor contract signed with the employee;

2. Notify the employee of the contents of the labor outsourcing contract;

3. Notify the outsourcing party of the employee's curriculum vitae and requirements of the employee;

4. To ensure that the salary paid to the outsourced employee is not lower than that of the employee of the outsourcing party having the same qualifications, doing the same job or doing work of equal value;

5. Make a dossier specifying the number of employees that have been outsourced and the outsourcer and periodically report it to the specialized labor agency affiliated to the People's Committee of the province;

6. Handling of labor discipline for employees who violate labor discipline when the outsourcing party returns the employee due to violation of labor discipline.

Article 57. Rights and obligations of the outsourcing party

1. Notify and guide the outsourced employee about his/her labor rules and other regulations.

2. Not to discriminate in terms of working conditions for the outsourced employee compared to his/her own employees.

3. Agreement with the outsourced employee to work at night and work overtime in accordance with the provisions of this Code.

4. Agreement with the outsourced worker and the outsourcing enterprise to officially recruit the outsourced employee to work for him or her in the case of a labor contract between the outsourced employee and the lessor. labor has not ended.

5. Returning the outsourced worker who does not meet the requirements as agreed upon or violates labor discipline to the outsourcing enterprise.

6. Provide the outsourcing enterprise with evidence of the employee's violation of labor discipline for consideration and handling of labor discipline.

Article 58. Rights and obligations of outsourced workers

In addition to the rights and obligations prescribed in Article 5 of this Code, the outsourced employee has the following rights and obligations:

1. Perform work according to the labor contract signed with the labor outsourcing enterprise;

2. Obey labor discipline and labor regulations; comply with the lawful management, administration and supervision of the outsourcing party;

3. To be paid a salary not lower than that of the employees of the outsourcing party with the same qualifications, doing the same job or work of equal value;

4. Complaints to the outsourcing enterprise in case the outsourcing party violates the agreements in the labor outsourcing contract;

5. Agreement to terminate the labor contract with the outsourcing enterprise in order to enter into a labor contract with the outsourcing party.

Chapter IV

vocational education and skill development #

Article 59. Vocational training and development of vocational skills

1. Employees are free to choose vocational training, participate in the assessment and recognition of national occupational skills, and develop professional capacity in accordance with their employment needs and capabilities.

2. The State adopts policies to encourage employers who are qualified to provide vocational training and develop vocational skills for employees working for themselves and other workers in society through the following activities: this:

a) Establish vocational education institutions or open vocational training classes at the workplace to train, re-train, foster and improve vocational qualifications and skills for employees; coordinate with vocational education institutions in training elementary, intermediate and college levels and other vocational training programs as prescribed;

b) Organize vocational skills test for employees; join the vocational skills council; forecast demand and develop occupational skill standards; organize assessment and recognition of vocational skills; professional development for employees.

Article 60. Responsibilities of employers for training, retraining and improvement of professional qualifications and skills

1. Employers develop annual plans and spend funds for training, retraining, improvement of professional qualifications and skills, and development of occupational skills for employees currently working for them; provide training for employees before switching to another job for themselves.

2. Annually, the employer shall notify the results of training, retraining and improvement of vocational qualifications and skills to the specialized labor agency under the provincial People's Committee.

Article 61. Apprenticeship, vocational training to work for the employer

1. Apprenticeship to work for an employer is an employer's recruitment of people for vocational training at the workplace. Vocational training duration according to the training program of each level as prescribed by the Law on Vocational Education.

2. Vocational training to work for an employer is an employer's recruitment of people to provide guidance on job practice and job training according to job positions at the workplace. Vocational training period shall not exceed 03 months.

3. Employers who recruit people for vocational training or apprenticeship to work for them are not required to register for vocational education activities; tuition fees are not collected; must sign a training contract according to the provisions of the Law on Vocational Education.

4. Apprentices and apprentices must be full 14 years old or older and be in good health suitable to the requirements of vocational training or apprenticeship. Apprentices and apprentices on the list of heavy, hazardous, dangerous or particularly arduous, hazardous or dangerous occupations and jobs promulgated by the Minister of Labor, War Invalids and Social Affairs must have full 18 years or older, except in the fields of art, physical training and sports.

5. During the apprenticeship or vocational training period, if the apprentice or apprentice directly or participates in labor, the employer shall pay a salary at the rate agreed upon by the two parties.

6. At the end of the apprenticeship or vocational training period, the two parties must sign a labor contract when all the conditions prescribed in this Code are satisfied.

Article 62. Vocational training contracts between employers and employees and vocational training expenses

1. The two parties must sign a vocational training contract in case the employee is trained to improve vocational qualifications and skills, re-trained at home or abroad from the employer's budget, including including expenses funded by the partner for the employer.

The vocational training contract must be made into 02 copies, each party keeps 01 copy.

2. A vocational training contract must contain the following principal contents:

a) Vocational training;

b) Location, time and salary during the training period;

c) Term of commitment to work after being trained;

d) Training costs and responsibility for reimbursement of training costs;

d) Responsibilities of the employer;

e) Responsibilities of employees.

3. Training expenses include expenses with valid vouchers on expenses paid to teachers, learning materials, schools, classes, machines, equipment, practice materials, and other support expenses. learners and wages, social insurance premiums, health insurance, unemployment insurance for learners during their schooling. In case the employee is sent abroad for training, the training cost also includes travel and living expenses during the training period.

Chapter V

DIALOGUE AT WORKING, COLLECTIVE NEGOTIATION, COLLECTIVE LABOR AGREEMENT #

Section 1. DIALOGUE AT WORKING

Article 63. Organization of dialogue at the workplace

1. Dialogue at work is the sharing of information, consultation, discussion and exchange of ideas between the employer and the employee or the employee's representative organization on issues related to the issue. rights, interests, and concerns of parties in the workplace to enhance understanding, cooperation, and joint efforts toward a win-win solution.

2. Employers must hold dialogues at the workplace in the following cases:

a) Periodically at least once a year;

b) At the request of one or the parties;

c) When there is a case specified at Point a, Clause 1, Article 36, Articles 42, 44, 93, 104, 118 and Clause 1, Article 128 of this Code.

3. Employers and employees or employee representative organizations are encouraged to hold dialogues in addition to the cases specified in Clause 2 of this Article.

4. The Government shall prescribe the organization of dialogues and implementation of the grassroots democracy regulation at the workplace.

Article 64. Content of dialogue at work

1. Compulsory dialogue contents are specified at Point c, Clause 2, Article 63 of this Code.

2. In addition to the content specified in Clause 1 of this Article, the parties may choose one or more of the following contents to conduct the dialogue:

a) Production and business situation of the employer;

b) The performance of labor contracts, collective labor agreements, internal labor regulations, regulations and other commitments and agreements at the workplace;

c) Working conditions;

d) Requirements of the employee, the employee's representative organization to the employer;

dd) Requirements of the employer to the employee, the employee's representative organization;

e) Other content of interest to one or the parties.

Section 2. COLLECTIVE AGREEMENT

Article 65. Collective bargaining

Collective bargaining is a negotiation and agreement between one party, one or more representative organizations of employees, and one party, one or more employers or representative organizations of employers, in order to establish a collective bargaining agreement. working conditions, regulations on the relationship between the parties and building progressive, harmonious and stable labor relations.

Article 66. Principles of collective bargaining

Collective bargaining is conducted on the principles of voluntariness, cooperation, goodwill, equality, openness and transparency.

Article 67. Contents of collective bargaining

The negotiating parties choose one or several of the following contents to conduct collective bargaining:

1. Salary, allowance, salary increase, bonus, meals and other regimes;

2. Labor rate and working hours, rest time, overtime work, breaks between shifts;

3. Job security for employees;

4. Ensuring occupational safety and hygiene; implementation of labor regulations;

5. Conditions and means of operation of the representative organization of employees; the relationship between the employer and the employee representative organization;

6. Mechanisms and methods of preventing and settling labor disputes;

7. Ensuring gender equality, maternity protection, annual leave; preventing and combating violence and sexual harassment in the workplace;

8. Other content of interest to one or the other parties.

Article 68. Right to collective bargaining of grassroots worker representative organizations in enterprises

1. The grassroots worker's representative organization has the right to request collective bargaining when the minimum ratio of members to the total number of employees in the enterprise is reached in accordance with the Government's regulations.

2. If an enterprise has more than one employee representative organization at the grassroots level satisfying the provisions of Clause 1 of this Article, the organization that is entitled to request negotiation is the one with the largest number of members in the enterprise. Organizations representing workers at other establishments may participate in collective bargaining with the consent of the representative organization of workers having the right to request collective bargaining.

3. In case an enterprise has many employee representative organizations at the grassroots, but none of them satisfy the provisions of Clause 1 of this Article, the organizations have the right to voluntarily join together to request negotiation. collectives, but the total number of members of these organizations must reach the minimum ratio specified in Clause 1 of this Article.

4. The Government shall prescribe the settlement of disputes between parties related to the right to collective bargaining.

Article 69. Representative of collective bargaining at enterprises

1. The number of participants in the collective bargaining of each party shall be agreed upon by the parties.

2. Participants in collective bargaining of each party shall be decided by that party.

In case the employee's side has more than one representative organization participating in collective bargaining as prescribed in Clause 2, Article 68 of this Code, the representative organization has the right to request the negotiation to decide on the number of representatives of each organization. participating in negotiations.

Where the employee's side has more than one representative organization participating in collective bargaining as prescribed in Clause 3, Article 68 of this Code, the number of representatives of each organization shall be agreed upon by such organizations. In case no agreement is reached, each organization shall determine the number of participating representatives corresponding to the number of members of its organization out of the total number of members of the organizations.

3. Each party to the collective bargaining has the right to invite its superior representative organization to appoint a participant as a representative of the negotiation and the other party may not refuse. The collective bargaining representative of each party must not exceed the number specified in Clause 1 of this Article, unless otherwise agreed by the other party.

Article 70. Collective bargaining process at enterprises

1. When there is a request for collective bargaining from a representative organization of employees at the grassroots level, which has the right to request collective bargaining as prescribed in Article 68 of this Code or at the request of the employer, the received request not to refuse to negotiate.

Within 07 working days from the date of receipt of the request and negotiation content, the parties shall agree on the location and time to start the negotiation.

The employer is responsible for arranging the time, place and necessary conditions for holding collective bargaining meetings.

The time to start negotiating must not exceed 30 days from the date of receipt of the request for collective bargaining.

2. The time for collective bargaining must not exceed 90 days from the date of commencement of negotiations, unless otherwise agreed by the parties.

Time spent participating in collective bargaining meetings of representatives of the employees' side is counted as paid working time. If an employee is a member of an employee representative organization and participates in collective bargaining meetings, the time for attending the meetings shall not be included in the time specified in Clause 2, Article 176 of this Code.

3. During the course of collective bargaining, if there is a request from the representative of the employee, within 10 days from the date of receipt of the request, the employer is responsible for providing information about the employee's situation. production and business activities and other contents directly related to the negotiation contents within the enterprise in order to create favorable conditions for collective bargaining, except for information on business secrets, public secrets, and other information. technology of the employer.

4. The employee representative organization at the grassroots level has the right to organize discussions and collect opinions of employees on the contents, methods and results of the collective bargaining process.

The employee representative organization at the grassroots level decides on the time, place and method of discussing and collecting opinions of employees, but must not affect the normal production and business activities of the enterprise. Karma.

The employer must not cause difficulties, obstruct or interfere in the process of the employee representative organization discussing and collecting opinions of employees.

5. The collective bargaining must be recorded in minutes, clearly stating the content agreed by the parties and the content still having different opinions. Minutes of collective bargaining must be signed by representatives of the negotiating parties and of the person recording the minutes. The employee representative organization at the grassroots level shall widely and publicly announce the minutes of collective bargaining to all employees.

Article 71. Failed collective bargaining

1. The collective bargaining fails in one of the following cases:

a) One party refuses to negotiate or fails to negotiate within the time limit specified in Clause 1, Article 70 of this Code;

b) The time limit specified in Clause 2, Article 70 of this Code has expired but the parties fail to reach an agreement;

c) The time limit specified in Clause 2, Article 70 of this Code has not yet expired, but the parties jointly determine and declare that the collective bargaining has not reached an agreement.

2. When the negotiation fails, the negotiating parties shall carry out procedures for labor dispute settlement according to the provisions of this Code. While resolving a labor dispute, a representative worker's organization may not organize a strike.

Article 72. Sectoral collective bargaining, collective bargaining involving many enterprises

1. Principles and contents of sectoral collective bargaining and collective bargaining involving many enterprises shall comply with the provisions of Articles 66 and 67 of this Code.

2. The process of conducting industry collective bargaining, collective bargaining with many participating enterprises shall be decided by agreement of the parties, including the agreement to conduct collective bargaining through the Collective Bargaining Council. prescribed in Article 73 of this Code.

3. In case of sectoral collective bargaining, the bargaining representative being the branch trade union and the branch-level employer's representative organization shall decide.

In case of collective bargaining with many enterprises participating, the bargaining representative shall be decided by the negotiating parties on the basis of voluntary agreement and agreement.

Article 73. Collective bargaining with many enterprises participating through the Collective Bargaining Council

1. On the basis of consensus, the parties to collective bargaining with many participating enterprises may request the People's Committee of the province where the head office of the participating enterprises is located or the place chosen by the parties. In case the enterprises participating in the negotiation have their headquarters in many provinces and cities directly under the Central Government, they shall establish a Collective Bargaining Council to conduct collective bargaining.

2. Upon receiving the request of the collective bargaining parties with many enterprises participating, the People's Committee of the province shall decide to establish a Collective Bargaining Council to organize the collective bargaining. Members of the Collective Bargaining Council include:

a) The Chairman of the Council is decided by the parties and is responsible for coordinating the activities of the Collective Bargaining Council and supporting the collective bargaining of the parties;

b) Representatives of the parties to collective bargaining shall be appointed by each party. The number of representatives of each negotiating party to join the Council shall be agreed upon by the parties;

c) Representative of the People's Committee of the province.

3. The Collective Bargaining Council negotiates at the request of the parties and terminates its operation when a collective labor agreement with many participating enterprises is signed or as agreed by the parties.

4. The Minister of Labor, War Invalids and Social Affairs shall prescribe the functions, tasks and activities of the Collective Bargaining Council.

Article 74. Responsibilities of the Provincial People's Committee in collective bargaining

1. Organize training and fostering of collective bargaining skills for the parties to collective bargaining.

2. Develop and provide information and data on socio-economic, labor market, labor relations in order to support and promote collective bargaining.

3. Actively or at the request of both parties in collective bargaining, assisting the parties in reaching an agreement during the collective bargaining process; In case there is no request, the proactive support of the provincial People's Committee can only be carried out if agreed by the parties.

4. To establish a collective bargaining council at the request of the collective bargaining parties with many enterprises as prescribed in Article 73 of this Code.

Section 3. COLLECTIVE LABOR AGREEMENT

Article 75. Collective labor agreement

1. Collective labor agreement is an agreement reached through collective bargaining and signed in writing by the parties.

Collective labor agreements include enterprise collective bargaining agreements, industry collective labor agreements, multi-enterprise collective labor agreements and other collective labor agreements.

2. The content of the collective labor agreement must not be contrary to the provisions of law; more favorable incentives for employees than prescribed by law.

Article 76. Collecting opinions and signing collective labor agreements

1. For enterprise collective labor agreements, before signing, the draft collective labor agreement negotiated by the parties must be consulted by all employees in the enterprise. An enterprise's collective labor agreement can only be signed when more than 50% of the employees of the enterprise vote for it.

2. For sectoral collective bargaining agreements, the subjects for consultation include all members of the leadership of organizations representing workers at enterprises participating in the negotiation. The industry collective bargaining agreement can only be signed when more than 50% of the total number of people polled and voted for it.

For collective bargaining agreements with many enterprises, the object of consultation includes all employees at the enterprises participating in the negotiation or all members of the leadership of representative organizations of employees. in the enterprises participating in the negotiations. Only enterprises with more than 50% of the people polled for approval can sign a collective labor agreement with many enterprises.

 3. The time, place and method of collecting votes on the draft collective bargaining agreement shall be decided by the representative organization of employees but must not affect the normal production and business activities. usually of the enterprise participating in the negotiation. The employer must not cause difficulties, obstruct or interfere in the process of the representative organization of employees to collect votes on the draft agreement.

4. The collective labor agreement is signed by the legal representatives of the negotiating parties.

In case the collective bargaining agreement with more than one enterprise is conducted through the Collective Bargaining Council, it shall be signed by the Chairman of the Collective Bargaining Council and the lawful representatives of the bargaining parties.

5. The collective labor agreement must be sent to each contracting party and to the specialized labor agency under the provincial People's Committee as prescribed in Article 77 of this Code.

For a sectoral collective bargaining agreement or a collective bargaining agreement with multiple enterprises, each employer and each employee representative organization at the participating enterprises must receive one copy.

6. After the collective labor agreement is signed, the employer must announce it to his/her employees.

7. The Government shall detail this Article.

Article 77. Submitting the collective labor agreement

Within 10 days from the date the collective labor agreement is signed, the employer participating in the agreement must send 01 copy of the collective labor agreement to the specialized labor agency under the People's Committee. provincial level where the head office is located.

Article 78. Effect and duration of the collective labor agreement

1. The effective date of the collective labor agreement shall be agreed upon by the parties and stated in the agreement. If the parties do not agree on an effective date, the collective labor agreement will take effect from the date of signing.

After taking effect, the collective labor agreement must be respected and implemented by the parties.

2. The enterprise collective labor agreement is valid for the employer and all employees of the enterprise. The sectoral collective bargaining agreement and the multi-enterprise collective bargaining agreement are valid for all employers and employees of enterprises participating in the collective bargaining agreement.

3. The collective labor agreement has a term from 01 year to 03 years. The specific time limit shall be agreed upon by the parties and stated in the collective labor agreement. The parties have the right to agree on different time limits for the contents of the collective labor agreement.

Article 79. Implementation of collective bargaining agreements at enterprises

1. Employers and employees, including employees who come to work after the effective date of the collective labor agreement, are obliged to fully implement the effective collective bargaining agreement. .

2. Where the rights, obligations and interests of the parties in the labor contract entered into before the effective date of the collective labor agreement are lower than the corresponding provisions of the collective labor agreement, they must be implemented. according to the collective labor agreement. Regulations of the employer that are not consistent with the collective labor agreement must be amended accordingly; During the unmodified period, the corresponding contents of the collective labor agreement shall be followed.

3. When one party believes that the other party has incompletely performed or violated the collective labor agreement, it has the right to request the correct implementation of the collective labor agreement and the responsible parties shall jointly consider and resolve it; if it cannot be resolved, each party has the right to request the settlement of the collective labor dispute in accordance with the provisions of law.

Article 80. Implementation of the enterprise's collective labor agreement in case of division, separation, consolidation or merger; selling, leasing, converting the type of business; Transfer of ownership, right to use assets of the enterprise

1. In case of division, separation, consolidation or merger; selling, leasing, converting the type of business; In case of transfer of the right to own or use the property of the enterprise, the next employer and the employee's representative organization have the right to negotiate under Article 68 of this Code on the basis of the plan to use the enterprise's property. employers to consider and choose to continue implementing, amending and supplementing the old enterprise's collective bargaining agreement or negotiating to sign a new collective bargaining agreement.

2. In case the enterprise's collective labor agreement expires due to the termination of operation by the employer, the employees' interests shall be settled according to the provisions of law.

Article 81. Relationship between enterprise collective bargaining agreement, industry collective bargaining agreement and multi-enterprise collective bargaining agreement

1. In case the enterprise collective labor agreement, the collective labor agreement with more than one enterprise, the sectoral collective labor agreement stipulates the rights, obligations and interests of different employees, the implementation shall be carried out. according to the content that is most beneficial to employees.

2. Enterprises subject to the application of industry collective bargaining agreements or collective labor agreements with many enterprises but no enterprise collective bargaining agreement may develop a collective labor agreement. enterprises with contents more beneficial to employees than industry collective bargaining agreements or collective bargaining agreements with many enterprises.

3. To encourage enterprises that have not participated in the sectoral collective bargaining agreement or collective labor agreement to have more enterprises implement the content more beneficial to employees of the sectoral collective bargaining agreement or the collective bargaining agreement. collective action has many enterprises.

Article 82. Amendment and supplementation of the collective labor agreement

1. The collective labor agreement may only be amended and supplemented according to the voluntary agreement of the parties, through collective bargaining.

The amendment and supplementation of the collective labor agreement shall be carried out in the same way as the negotiation and signing of the collective labor agreement.

2. In case the provisions of law change resulting in the collective bargaining agreement no longer conforming to the provisions of the law, the parties must amend and supplement the collective labor agreement to be suitable with the provisions of the law. provisions of law. During the process of amending and supplementing the collective labor agreement, the interests of employees shall comply with the provisions of law.

Article 83. Expiration of the collective labor agreement

Within 90 days before the expiration of the collective labor agreement, the parties may negotiate to extend the term of the collective labor agreement or sign a new collective labor agreement. In case the parties agree to extend the term of the collective labor agreement, opinions must be obtained according to the provisions of Article 76 of this Code.

When the collective labor agreement expires but the parties still continue to negotiate, the old collective labor agreement will continue to be performed within 90 days from the date on which the collective labor agreement expires. unless otherwise agreed by the parties.

Article 84. Expansion of scope of application of industry collective bargaining agreements or collective bargaining agreements with many enterprises

1. When an industry collective bargaining agreement or collective bargaining agreement has many enterprises with the scope of application accounting for more than 75% of employees or more than 75% of enterprises in the same industry, trade or field in an industrial park. industrial zones, economic zones, export processing zones, and high-tech zones, the employer or the representative organization of employees there shall request the competent state agency to decide on the extension of the scope of partial application. or the entire agreement with respect to enterprises in the same industry, trade or field in industrial parks, economic zones, export processing zones or high-tech zones.

2. The Government shall detail Clause 1 of this Article; stipulate the order, procedures and competence to decide on the extension of the scope of application of the collective labor agreement specified in Clause 1 of this Article.

Article 85. Joining and withdrawing from industry collective bargaining agreements or collective bargaining agreements with many enterprises

1. An enterprise can join an industry collective labor agreement or a collective labor agreement with many enterprises when it has the consent of all employers and representative organizations of employees at the enterprise. is a party to an agreement, except for the case specified in Clause 1, Article 84 of this Code.

2. Enterprises that are members of sectoral collective bargaining agreements or collective labor agreements with many enterprises may withdraw from the collective labor agreement with the consent of all employers and organizations. representative of employees at the enterprise that is a party to the agreement, unless there are special difficulties in production and business activities.

3. The Government shall detail this Article.

Article 86. The collective labor agreement is invalid

1. The collective labor agreement is partially invalidated when one or several contents of the collective labor agreement violate the law.

2. The collective labor agreement is completely invalid in one of the following cases:

a) The entire content of the collective labor agreement violates the law;

b) The signatory is not authorized;

c) Failing to comply with the process of negotiating and signing a collective labor agreement.

Article 87. Competence to declare a collective labor agreement invalid

The People's Court has the power to declare the collective bargaining agreement invalid.

Article 88. Handling of invalid collective labor agreements

When the collective bargaining agreement is declared invalid, the rights, obligations and interests of the parties stated in the collective labor agreement corresponding to the whole or the declared invalid part shall be settled in accordance with the provisions of this Law. laws and legal agreements in labor contracts.

Article 89. Expenses for negotiation and signing of collective labor agreements

All costs for negotiating, signing, amending, supplementing, submitting and announcing the collective labor agreement shall be borne by the employer.

Chapter VI

SALARY #

Article 90. Salary

1. Wage is the amount of money that the employer pays the employee under an agreement to perform the job, including the salary according to the job or title, salary allowance and other supplements.

2. The salary according to the job or title must not be lower than the minimum wage.

3. Employers must ensure equal wages, regardless of gender, for employees doing jobs of equal value.

Article 91. Minimum wage

1. Minimum wage is the lowest salary paid to employees doing the simplest jobs under normal working conditions in order to ensure a minimum standard of living for workers and their families, in accordance with socioeconomic development.

2. The minimum wage is set by region, set by month and hour.

3. The minimum wage is adjusted based on the minimum living standards of employees and their families; the correlation between the minimum wage and the market wage; consumer price index, economic growth rate; labor supply and demand relationships; employment and unemployment; labor productivity; the company's ability to pay.

4. The Government shall detail this Article; decide and announce the minimum wage on the basis of recommendations of the National Wage Council.

Article 92. National Wage Council

1. The National Wage Council is an advisory body to the Government on minimum wages and wage policies for employees.

2. The Prime Minister establishes a National Wage Council consisting of members who are representatives of the Ministry of Labor, War Invalids and Social Affairs, the Vietnam General Confederation of Labor, and a number of user representative organizations. central labor and independent experts.

3. The Government shall prescribe the functions, tasks, organizational structure and operation of the National Wage Council.

Article 93. Construction of salary scale, wage table and labor norms

1. Employers must develop a salary scale, wage table and labor norms as a basis for recruiting and employing employees, agreeing on a salary according to the job or title stated in the labor contract, and paying wages for workers.

2. The labor level must be the average level to ensure that the majority of employees can do it without having to prolong the normal working hours and must be tested before it is officially issued.

3. Employers must consult the representative organization of employees at the grassroots level for the place where the representative organization of employees is located when formulating the salary scale, wage table and labor norms. .

Salary scale, salary table and labor rate must be publicly announced at the workplace before implementation.

Article 94. Principles of salary payment

1. Employers must pay wages directly, in full and on time to employees. In case the employee cannot receive the salary directly, the employer can pay the salary to the person legally authorized by the employee.

2. The employer must not restrict or interfere with the employee's right to self-determination of salary expenditure; Employees must not be forced to spend their salaries on the purchase of goods or services from the employer or other units designated by the employer.

Article 95. Salary payment

1. The employer pays the employee based on the agreed salary, labor productivity and quality of work performance.

2. The salary stated in the labor contract and the salary paid to the employee is in Vietnam Dong. In case the employee is a foreigner in Vietnam, it may be in a foreign currency.

3. Each time a salary is paid, the employer must notify the employee's salary statement, clearly stating the salary, overtime pay, nighttime salary, content and amount deducted (if any).

Article 96. Mode of payment of salary

1. Employers and employees agree on the form of time-based, product- or contract-based payment.

2. Wages are paid in cash or through the employee's personal account opened at a bank.

In case the salary is paid through the employee's personal account opened at the bank, the employer must pay the fees related to the account opening and salary transfer.

3. The Government shall detail this Article.

Article 97. Salary payment term

1. Employees who receive hourly, daily and weekly wages shall be paid after hours, days and weeks of work or shall be paid in a lump sum as agreed by both parties, but within 15 days, they must be paid in lump sum.

2. Employees receiving monthly salary are paid once a month or semi-monthly. The time of salary payment is agreed upon by both parties and must be fixed at a cyclical time.

3. Employees who are paid by product or by contract shall be paid according to the agreement of the two parties; if the work must be done for many months, the monthly salary shall be advanced according to the volume of work done in the month.

4. Where due to force majeure, the employer has tried all remedies but cannot pay wages on time, it must not be more than 30 days late; If the salary is paid late for 15 days or more, the employer must compensate the employee an amount at least equal to the interest of the late payment amount calculated at the interest rate on deposits with a term of 01 month. the bank where the employer opens a salary payment account for the employee announced at the time of salary payment.

Article 98. Wages for overtime and night work

1. Employees who work overtime are paid according to the salary unit price or the actual salary paid according to the work they are doing as follows:

a) On weekdays, at least equal to 150%;

b) On weekly rest days, at least 200%;

c) On public holidays, New Year's Day, paid rest days, at least equal to 300%, excluding the salary for holidays, Tet, and paid holidays for employees who receive daily salary.

2. Employees who work at night shall be paid at least 30% of the salary calculated according to the salary unit price or the actual salary paid according to the work of the normal working day.

3. Employees who work overtime at night, in addition to paying wages as prescribed in Clauses 1 and 2 of this Article, employees are also entitled to an additional 20% of salary calculated according to the salary unit price or salary according to the work daytime work on a normal working day or on a weekly rest day or on a public holiday or New Year's Day.

4. The Government shall detail this Article.

Article 99. Wages for cessation of work

In case of having to stop working, the employee is paid as follows:

1. If it is the fault of the employer, the employee shall be paid the full salary according to the labor contract;

2. If it is the employee's fault, that person will not be paid; other employees in the same unit who have to stop working shall be paid at the rate agreed upon by the two parties but must not be lower than the minimum wage;

3. If there is an electricity or water problem that is not due to the fault of the employer or due to natural disasters, fires, dangerous epidemics, enemy sabotage, relocation of operation locations at the request of state agencies competent authority or for economic reasons, the two parties shall agree on the salary for termination of work as follows:

a) In case of cessation of work for 14 working days or less, the agreed stoppage salary shall not be lower than the minimum wage;

b) In case of having to stop working for more than 14 working days, the salary for stopping work shall be agreed upon by the two parties but must ensure that the salary for stopping work in the first 14 days is not lower than the minimum salary.

Article 100. Salary payment through the contractor

1. Where a contractor or a similar intermediary is used, the employer who is the main owner must have a list and addresses of these people and a list of employees working with them. and must ensure that they comply with the provisions of the law on wage payment, occupational safety and hygiene.

2. In case a contractor or a similar intermediary fails to pay wages or pays inadequately and fails to ensure other benefits for employees, the employer who is the main owner must bear the responsibility. pay wages and ensure benefits for employees.

In this case, the employer who is the main owner has the right to request compensation from the contractor or a similar intermediary or request a competent state agency to settle the dispute in accordance with the law. the law.

Article 101. Advance salary

1. The employee is entitled to advance salary according to the conditions agreed upon by the two parties and is not charged interest.

2. The employer must give the employee a salary advance corresponding to the number of days the employee is temporarily absent from work to perform his/her civic duty for 01 week or more, but not exceeding 01 month's salary according to the law. labor contract and the employee must return the advance amount.

Employees who enlist in the army under the provisions of the Law on Military Service are not entitled to advance wages.

3. When taking annual leave, employees are entitled to an advance at least equal to the salary of the days off.

Article 102. Salary deduction

1. The employer may only deduct the employee's salary to compensate for damage caused by damage to tools, equipment and properties of the employer as prescribed in Article 129 of this Code .

2. Employees have the right to know the reason for their salary deduction.

3. The monthly salary deduction must not exceed 30% of the employee's monthly actual salary after deductions for payment of compulsory social insurance, health insurance, unemployment insurance, income tax individual.

Article 103. Salary raising, rank raising, allowances and benefits regimes

The salary increase, promotion, allowances, allowances and incentive regimes for employees are agreed upon in the labor contract, collective labor agreement or regulations of the employer.

Article 104. Bonus

1. Bonus is the amount of money or property or in other forms that the employer rewards the employee based on the production and business results and the employee's job completion level.

2. Regulations on bonus are decided by the employer and publicly announced at the workplace after consulting with the representative organization of employees at the grassroots for the place where the representative organization of the employee is located. at work.

Chapter VII

WORKING TIME, REST TIME #

Section 1. WORKING HOURS

Article 105. Normal working hours

1. Normal working hours must not exceed 08 hours in a day and not more than 01 hours in a week.

2. The employer has the right to determine the working time by day or week but must notify the employee of it; In the case of a week, the normal working time shall not exceed 10 hours in a day and not more than 01 hours in a week.

The State encourages employers to implement a 40-hour work week for employees.

3. Employers are responsible for ensuring that the working time limit for exposure to dangerous and harmful factors strictly complies with national technical regulations and relevant laws.

Article 106. Night working hours

Night work hours are counted from 22 pm to 06 am the next day.

Article 107. Overtime work

1. Overtime working time is the working period outside of normal working hours as prescribed by law, collective labor agreement or labor regulations.

2. Employers may use employees to work overtime when fully meeting the following requirements:

a) The employee's consent is required;

b) Ensure that the employee's overtime hours do not exceed 50% of the normal working hours in a day; in the case of applying the regulation on normal working hours per week, the total number of normal working hours and overtime hours shall not exceed 01 hours in 12 day; no more than 01 hours in 40 month;

c) The employee's overtime hours must not exceed 200 hours per year, except for the case specified in Clause 01 of this Article.

3. Employers may use employees to work overtime for no more than 300 hours in 01 year in a number of industries, trades, jobs or in the following cases:

a) Producing, processing and exporting textile, garment, leather, shoe, electrical and electronic products, processing agro-forestry, salt-based and aquatic products;

b) Production, electricity supply, telecommunications, oil refining; water supply and drainage;

c) In case of solving jobs requiring highly qualified professional and technical workers but the labor market cannot supply them adequately and promptly;

d) In case of urgent work that cannot be delayed due to the seasonality and timing of raw materials and products, or to solve problems arising due to unforeseen objective factors or consequences. consequences of weather, natural disasters, fires, enemy sabotage, electricity shortages, shortages of raw materials, technical problems of production lines;

d) Other cases prescribed by the Government.

4. When organizing overtime work as prescribed in Clause 3 of this Article, the employer must notify in writing the specialized labor agency affiliated to the provincial People's Committee.

5. The Government shall detail this Article.

Article 108. Overtime in special cases

The employer has the right to require the employee to work overtime on any day without limitation on the number of overtime hours specified in Article 107 of this Code and the employee may not refuse the following cases:

1. To carry out mobilization and mobilization orders to ensure national defense and security tasks in accordance with law;

2. To perform tasks aimed at protecting human lives and properties of agencies, organizations and individuals in preventing and overcoming consequences of natural disasters, fires, dangerous epidemics and catastrophes, except for the following cases: In case there is a risk of affecting the life and health of employees in accordance with the provisions of the law on occupational safety and sanitation.

Section 2. TIME OF REST

Article 109. Break during working hours

1. Employees who work according to the working hours specified in Article 105 of this Code from 06 hours or more in a day are entitled to at least 30 consecutive minutes of rest. at least 45 minutes continuously.

In case the employee works in a continuous shift of 06 hours or more, the break between hours is counted in the working hours.

2. In addition to the rest period specified in Clause 1 of this Article, the employer shall arrange for the employee to take breaks and record it in the labor regulations.

Article 110. Vacation for changing shifts

Shift workers are entitled to at least 12 hours of rest before moving on to another shift.

Article 111. Weekly rest

1. Every week, employees are entitled to at least 24 consecutive hours off. In special cases due to the working cycle, where weekly rest is not possible, the employer is responsible for ensuring that the employee is entitled to at least 01 days off per month on average.

2. The employer has the right to decide to arrange the weekly rest day on Sunday or another determined day of the week, but it must be recorded in the labor regulations.

3. If the weekly rest day coincides with a public holiday or Tet holiday specified in Clause 1, Article 112 of this Code, the employee is entitled to a compensatory rest of the weekly rest day on the next working day.

Article 112. Public holidays and New Year holidays

1. Employees are entitled to take leave from work and enjoy full salary on the following holidays and New Year holidays:

a) New Year's Day: 01 day (January 01 of the solar calendar);

b) Lunar New Year: 05 days;

c) Victory Day: 01 day (April 30 of the solar calendar);

d) International Labor Day: 01 day (May 01 of the solar calendar);

dd) National Day: 02 days (September 02 of the solar calendar and 9 day immediately before or after);

e) Hung King's death anniversary: ​​01 day (March 10 of the lunar calendar).

2. Foreign employees working in Vietnam, in addition to the holidays specified in Clause 1 of this Article, are also entitled to an additional 01 day of the national traditional New Year and 01 day of the National Day of their country.

3. Annually, based on actual conditions, the Prime Minister shall decide specifically the days off specified at Points b and dd, Clause 1 of this Article.

Article 113. Annual leave

1. An employee who has worked for a full 12 months for an employer shall be entitled to annual leave with full salary according to the labor contract as follows:

a) 12 working days for people who do the job in normal conditions;

b) 14 working days for minor employees, disabled workers, people doing heavy, hazardous and dangerous jobs;

c) 16 working days for people doing particularly heavy, hazardous or dangerous occupations or jobs.

2. Employees who work for less than 12 months for an employer, the number of annual leave days is proportional to the number of working months.

3. In case, due to severance, job loss, but not taking annual leave or not taking all annual leave days, the employer shall pay wages for the untaken days.

4. The employer is responsible for stipulating the annual leave schedule after consulting the employee and must notify the employee in advance. The employee can agree with the employer to take the annual leave in installments or take the combined leave up to once every 03 years.

5. When taking annual leave but the salary payment period has not yet arrived, the employee is entitled to advance salary according to the provisions of Clause 3, Article 101 of this Code.

6. When taking annual leave, if the employee travels by road, rail or water transport means, and the number of days traveling by road is more than 02 days, from the 03rd day onwards, the travel time will be added. in addition to the annual leave and is only counted for 01 time off in a year.

7. The Government shall detail this.

Article 114. Annual leave increases according to working seniority

For every full 05 years of working for an employer, the number of annual leave days of the employee specified in Clause 1, Article 113 of this Code shall be increased by 01 day respectively.

Article 115. Leave from work, leave without pay

1. An employee is entitled to take a separate leave from work while still enjoying his/her full salary and must notify the employer in the following cases:

a) Married: 03 days off;

b) Natural, adopted children get married: take 01 day off;

c) Natural father, natural mother, adoptive father, adoptive mother; natural father, natural mother, adoptive father, adoptive mother of a spouse; wife or husband; Death of natural or adopted children: 03 days off.

2. The employee is entitled to 01 day of unpaid leave and must notify the employer when his grandfather, grandmother, maternal grandfather, grandmother, brother, sister or younger brother dies; married parent; brothers, sisters, siblings get married.

3. In addition to the provisions of Clauses 1 and 2 of this Article, the employee may agree with the employer to take unpaid leave.

Section 3. WORKING TIMES AND TIMES FOR RETURNS FOR EMPLOYEES WORKING WITH SPECIAL CHARACTERISTICS

Article 116. Working time and rest time for people doing jobs of special nature

For jobs of special nature in the field of road, railway, waterway and air transport; exploration and exploitation of oil and gas at sea; work at sea; in the field of art; the use of radiation and nuclear techniques; application of high frequency wave technology; informatics, information technology; research and apply advanced science and technology; industrial design; diver's work; work in the pit; seasonal production jobs, processing jobs according to orders; work must be on duty 24/24 hours; For other jobs of special nature prescribed by the Government, the ministries and branches in charge of management shall specify the working hours and rest time after reaching agreement with the Ministry of Labor, War Invalids and Social Affairs and must comply with the provisions of Article 109 of this Code.

Chapter VIII

LABOR DISCIPLINE, MATERIAL RESPONSIBILITY ONLY #

Section 1. LABOR DISCIPLINE

Article 117. Labor discipline

Labor discipline is the regulations on the observance of time, technology and production and business management promulgated by the employer in the labor regulations and prescribed by law.

Article 118. Labor regulations

1. Employers must promulgate labor regulations. If employing 10 or more employees, the labor regulations must be in writing.

2. Contents of labor regulations must not contravene the labor law and relevant laws. Labor regulations include the following main contents:

a) Working time and rest time;

b) Order at the workplace;

c) Occupational safety and hygiene;

d) Preventing and combating sexual harassment at work; order and procedures for handling sexual harassment at the workplace;

d) The protection of assets and business secrets, technology secrets, intellectual property of the employer;

e) In case the employee is temporarily transferred to a job other than the labor contract;

g) Violations of labor discipline by employees and forms of labor discipline;

h) Material liability;

i) Persons competent to handle labor discipline.

3. Before promulgating labor regulations or amending and supplementing labor regulations, the employer must consult the representative organization of employees at the grassroots level, for the place where the representative organization is located. workers at the facility.

4. Labor regulations must be notified to employees and the main contents must be posted at necessary places at the workplace.

5. The Government shall detail this Article.

Article 119. Registration of labor regulations

1. Employers employing 10 or more employees must register their labor regulations at the specialized labor agency under the People's Committee of the province where the employer registers its business.

2. Within 10 days from the date of promulgation of the labor regulations, the employer must submit an application for registration of the labor regulations.

3. Within 07 working days from the date of receipt of the application for registration of labor regulations, if the contents of the labor regulations are contrary to the law, the specialized labor agency under the People's Committee of the People's Committee shall The provincial level shall notify and guide the employer to amend, supplement and re-register.

4. Employers with branches, units, production and business establishments located in different areas, shall send the registered labor regulations to the specialized labor agency under the Commission. People's Committee of the province where the branch, unit, production and business establishment is located.

5. Based on specific conditions, the specialized labor agency affiliated to the provincial People's Committee may authorize the specialized labor agency affiliated to the district People's Committee to register the labor regulations. act in accordance with the provisions of this Article.

Article 120. Dossier for registration of labor regulations

Dossier for registration of labor regulations includes:

1. A written request for registration of labor regulations;

2. Labor regulations;

3. Written comments of the representative organization of employees at the grassroots level for the place where there is a representative organization of employees at the grassroots level;

4. Documents of the employer with regulations related to labor discipline and material responsibility (if any).

Article 121. Effect of labor regulations

The labor regulations take effect 15 days after the competent state agency specified in Article 119 of this Code receives a complete application for registration of labor regulations.

In case the employer employs less than 10 employees and promulgates the written internal labor regulations, the effect shall be decided by the employer in the internal labor regulations.

Article 122. Principles, order and procedures for handling labor discipline

1. The handling of labor discipline is prescribed as follows:

a) The employer must prove the fault of the employee;

b) The employee's representative organization must be attended at the establishment of which the employee being disciplined is a member;

c) The employee must be present and have the right to defend himself, ask a lawyer or a representative organization of the employee to defend; if the person is under 15 years old, the legal representative must be present;

d) The handling of labor discipline must be recorded in writing.

2. Not to apply many forms of labor discipline for a violation of labor discipline.

3. When an employee concurrently commits many violations of labor discipline, only the highest form of discipline corresponding to the heaviest violation shall be applied.

4. Not subject to labor discipline for employees who are in the following period:

a) Sick leave, convalescence; leave with the consent of the employer;

b) Being held in custody or temporary detention;

c) Waiting for the results of the agency competent to investigate, verify and draw conclusions for the violations specified in Clauses 1 and 2, Article 125 of this Code;

d) Pregnant female employees; employees taking maternity leave, raising children under 12 months old.

5. Failing to handle labor discipline for employees who violate labor discipline while suffering from mental illness or another disease that causes loss of awareness or ability to control their behavior.

6. The Government shall prescribe the order and procedures for handling labor discipline.

Article 123. Statute of limitations for handling labor discipline

1. The statute of limitations for handling labor discipline is 06 months from the date of occurrence of the violation; In case the violation is directly related to finance, property, disclosure of technology secrets or business secrets of the employer, the statute of limitations for handling labor discipline is 12 months.

2. Upon the expiration of the time limit specified in Clause 4, Article 122 of this Code, if the statute of limitations expires or the statute of limitations is still there, but not full 60 days, the statute of limitations may be extended for labor discipline but not exceeding 60 days from the date of issue. from the date of expiration of the above period.

3. The employer must issue a decision on disciplinary action against the employee within the time limit specified in Clauses 1 and 2 of this Article.

Article 124. Forms of labor discipline

1. Reprimand.

2. Extend the time limit for salary increase to no more than 06 months.

3. Resignation.

4. Dismissal.

Article 125. Application of the disciplinary form of dismissal

Disciplinary action for dismissal is applied by the employer in the following cases:

1. Employees commit acts of theft, embezzlement, gambling, intentionally causing injury, using drugs at the workplace;

2. Employees have acts of disclosing business secrets or technology secrets, infringing upon the intellectual property rights of employers, committing acts of causing serious damage or threatening to cause special damage. serious about property, employer's interests or sexual harassment in the workplace as specified in the labor regulations;

3. The employee who is disciplined for prolonging the salary increase or dismissed from office but re-offends while the discipline has not been removed. Recidivism is the case where the employee repeats the violation that has been disciplined but has not yet been disciplined as prescribed in Article 126 of this Code;

4. The employee voluntarily quits work for 05 cumulative days within 30 days or 20 cumulative days within 365 days from the first day of voluntarily quitting without a valid reason.

Cases considered to have legitimate reasons include natural disasters, fires, self and sick relatives certified by competent medical examination and treatment establishments and other cases specified in internal labor regulations. motion.

Article 126. Disciplinary removal, reduction of the term of observance of labor discipline

1. The employee is reprimanded after 03 months or disciplined for extending the salary increase period after 06 months or disciplined and dismissed after 03 years from the date of handling, if the violation is not continued. Discipline of labor is automatically removed from discipline.

2. The employee who is disciplined for extending the salary increase time limit after serving half of the time limit, if the improvement is progressive, the employer may consider reducing the time limit.

Article 127. Prohibited acts when handling labor discipline

1. Infringing on the health, honor, life, reputation and dignity of employees.

2. Impose fines, cut wages instead of handling labor discipline.

3. Labor discipline for employees who commit violations not specified in the internal labor regulations or not as agreed in the signed labor contracts or not provided for by the labor law.

Article 128. Temporary suspension of work

1. The employer has the right to temporarily suspend the employee's work when the violation case contains complicated circumstances if it deems that allowing the employee to continue working will cause difficulties for verification. The temporary suspension of work of an employee is only made after consulting with the representative organization of employees at the establishment of which the employee being considered for temporary suspension is a member.

2. The duration of the temporary suspension of work must not exceed 15 days, and in special cases must not exceed 90 days. During the period of temporary suspension from work, the employee is entitled to an advance of 50% of the salary before being suspended from work.

At the end of the work suspension period, the employer must accept the employee back to work.

3. In case the employee is disciplined, the employee is not required to return the advance salary.

4. If the employee is not disciplined, the employer will pay full salary for the period of temporary suspension from work.

Section 2. MATERIAL RESPONSIBILITIES

Article 129. Compensation for damage

1. Employees who damage tools and equipment or commit other acts that cause damage to the employer's property shall have to pay compensation in accordance with the law or the employer's internal labor regulations. .

In case the employee causes non-serious damage due to negligence with a value of not more than 10 months of the regional minimum wage announced by the Government applied at the place where the employee works, the employee must compensate at most: 03 months' salary and monthly deductions from salary according to the provisions of Clause 3, Article 102 of this Code.

2. An employee who loses tools, equipment, property of the employer or other property assigned by the employer or consumes materials beyond the allowable limit shall have to compensate for part of the damage. or all according to market prices or labor regulations; where there is a contract of liability, compensation must be made according to the contract of liability; cases due to natural disasters, fires, enemy sabotage, dangerous epidemics, catastrophes, events that occur objectively, which cannot be foreseen and cannot be remedied even though all necessary measures have been applied and possible. allowed, there is no compensation.

Article 130. Handling of compensation for damage

1. The consideration and decision on the level of compensation for damage must be based on the fault, the actual extent of damage and the actual circumstances of the employee's family, personal identity and property.

2. The Government shall prescribe the order, procedures and statute of limitations for handling the compensation for damage.

Article 131. Complaints about labor discipline and material responsibility

Persons who are disciplined at work, temporarily suspended from work or have to pay compensation according to the material responsibility regime if they find it unsatisfactory have the right to complain to the employer, to the competent agency according to regulations. provisions of law or request to settle labor disputes according to the order prescribed by law.

The Government shall detail this Article.

Chapter IX

OCCUPATIONAL SAFETY, HYGIENE #

Article 132. Compliance with the law on occupational safety and sanitation

Employers, employees and agencies, organizations and individuals related to labor, production and business must comply with the provisions of law on occupational safety and health.

Article 133. Occupational safety and health program

1. The Government shall decide on the National Program on occupational safety and health.

2. Provincial-level People's Committees shall submit to the People's Councils of the same level for decision the local occupational safety and health program and include it in the socio-economic development plan.

Article 134. Occupational safety and hygiene assurance at the workplace

1. Employers are responsible for fully implementing solutions to ensure occupational safety and hygiene at the workplace.

2. Employees are responsible for complying with regulations, internal rules, processes and requirements on occupational safety and health; comply with the law and master the knowledge and skills on measures to ensure occupational safety and health at the workplace.

Chapter X

SPECIFIC PROVISIONS FOR WOMEN AND GENDER EQUALITY GUARANTEE #

Article 135. State policies

1. Ensure equal rights of female and male employees, take measures to ensure gender equality and prevent and combat sexual harassment at work.

2. Employers are encouraged to create conditions for female and male employees to have regular jobs, widely apply the working regime according to flexible timetables, part-time work, and job assignment. homemade.

3. Take measures to create jobs, improve working conditions, raise professional qualifications, take care of health, and enhance the material and spiritual welfare of female employees in order to help female employees promote their potential. effective professional capacity, harmoniously combining working life and family life.

4. Having a tax reduction policy for employers that employ many female employees in accordance with tax laws.

5. The State has plans and measures to organize kindergartens and kindergartens in places with many laborers. Expand various types of training favorable for female workers to have more backup jobs and be suitable to women's physical, physiological and maternal characteristics.

6. The Government shall detail this Article.

Article 136. Responsibilities of the employer

1. Ensuring the implementation of gender equality and measures to promote gender equality in recruitment, placement, job arrangement, training, working time, rest time, salary and other regimes .

2. Consult female workers or their representatives when deciding on issues related to women's rights and interests.

3. Make sure there are enough suitable shower stalls and toilets at the workplace.

4. Help, support the construction of kindergartens, kindergartens or a part of child care and kindergarten expenses for employees.

Article 137. Maternity protection

1. Employers are not allowed to use employees to work at night, work overtime and go on long distance business trips in the following cases:

a) Being pregnant from the 07th month or from the 06th month if working in highland, deep-lying, remote, border or island areas;

b) They are raising children under 12 months old, unless otherwise agreed by the employee.

2. Female employees perform heavy, hazardous, dangerous or particularly heavy, hazardous or dangerous occupations or jobs or do occupations or jobs that adversely affect reproductive function and child rearing during pregnancy. and notify the employer, the employer will switch to lighter, safer work or reduce the daily working hour by 01 hour without any reduction in wages and rights and benefits. until the end of the period of raising children under 12 months of age.

3. Employers must not fire or unilaterally terminate labor contracts with employees for reasons of marriage, pregnancy, maternity leave, or raising children under 12 months of age, unless the employer The employer being an individual dies, is declared by the Court to have lost his civil act capacity, is missing or is dead, or the non-individual employer terminates its operation or is registered by a specialized agency. A business unit under the People's Committee of the province issues a notice that there is no legal representative, the person authorized to perform the rights and obligations of the legal representative.

In case the labor contract expires while the female employee is pregnant or raising a child under 12 months old, she shall be given priority to enter into a new labor contract.

4. Female employees are entitled to a 30-minute break every day during their menstrual period, and 12 minutes a day while raising children under 60 months of age during their working time. The time off is still entitled to full salary according to the labor contract.

Article 138. The right to unilaterally terminate or suspend the labor contract of pregnant female employees

1. Pregnant female employees, if certified by a competent medical facility that continuing to work will adversely affect the fetus, have the right to unilaterally terminate the labor contract or suspend the work. current employment contract.

In case of unilaterally terminating the labor contract or suspending the performance of the labor contract, the employer must be notified together with the certification of the competent medical examination and treatment establishment of the continuation of work. will adversely affect the fetus.

2. In case of temporary suspension of the performance of a labor contract, the temporary suspension period shall be agreed upon by the employee with the employer but must be at least equal to the time specified by a competent medical examination and treatment establishment. rest. In case there is no indication from the competent medical examination and treatment facility about the time off, the two parties shall agree on the duration of temporary suspension of the performance of the labor contract.

Article 139. Maternity leave

1. Female employees are entitled to maternity leave before and after giving birth for 06 months; the period of leave before giving birth shall not exceed 02 months.

In case female employees give birth to twins or more, from the second child onwards, for each child, the mother is entitled to an extra month of leave.

2. During maternity leave, female employees are entitled to the maternity regime in accordance with the law on social insurance.

3. At the end of the maternity leave period specified in Clause 1 of this Article, if there is a need, the female employee may take an additional period of unpaid leave after reaching an agreement with the employer.

4. Before the end of the maternity leave period specified in Clause 1 of this Article, female employees may return to work after at least 04 months of leave, but the employee must notify in advance and be informed by the employer. consent and certification of a competent medical facility that going to work early is not harmful to the health of the employee. In this case, in addition to the salary for the working days paid by the employer, the female employee will continue to enjoy the maternity allowance in accordance with the law on social insurance.

5. Male employees who give birth to a child when their wives give birth, employees who adopt children under 06 months of age, female employees as surrogates and employees who are mothers who ask for surrogacy are entitled to take leave to enjoy the maternity regime as prescribed. of the law on social insurance.

Article 140. Job security for employees on maternity leave

Employees are guaranteed their old jobs when they return to work after their leave has expired as prescribed in Clauses 1, 3 and 5, Article 139 of this Code, without having their wages and rights and benefits cut off compared to their employees. before maternity leave; In case the old job is no longer available, the employer must arrange another job for them with a salary not lower than the salary before the maternity leave.

Article 141. Allowances during the period of taking care of sick children, maternity and taking contraceptive measures

Time off work when taking care of sick children under 07 years old, antenatal care, miscarriage, curettage, abortion, stillbirth, pathological abortion, contraceptive measures, sterilization, employees are entitled to subsidies in accordance with the law on social insurance.

Article 142. Occupations or jobs that adversely affect reproductive function and child rearing

1. The Minister of Labor, War Invalids and Social Affairs shall promulgate a list of occupations and jobs that adversely affect reproductive function and child rearing.

2. The employer must provide sufficient information on the dangerous nature, hazards and requirements of the job for the employee to choose, and must ensure occupational safety and health conditions for the employee. act according to regulations when using them to do jobs on the list specified in Clause 1 of this Article.

Chapter XI

SPECIFIC PROVISIONS FOR MINIMAL EMPLOYEES AND SOME OTHER EMPLOYEES #

Section 1. MINIMAL EMPLOYEES

Article 143. Juvenile workers

1. Juvenile employees are employees who are under 18 years of age.

2. Persons between full 15 years of age and under 18 years old may not work or work at the workplace specified in Article 147 of this Code.

3. Persons from full 13 years old to under 15 years old may only do light jobs according to the list promulgated by the Minister of Labor, War Invalids and Social Affairs.

4. Persons under the age of 13 may only do the jobs specified in Clause 3, Article 145 of this Code.

Article 144. Principles of employment of minors

1. Juvenile employees may only do jobs suitable for their health to ensure their physical, intellectual and personality development.

2. Employers, when employing minors, are responsible for taking care of the employees in terms of labor, health, and learning during the working process.

3. When employing a minor, the employer must obtain the consent of his/her father, mother or guardian; make a separate monitoring book, record full name, date of birth, current job, results of periodical health checks and present it at the request of a competent state agency.

4. Employers must create opportunities for juvenile employees to study culture, vocational education, training, retraining and improve vocational skills.

Article 145. Employing people under the age of 15 to work

1. When employing a person under the age of 15 to work, the employer must comply with the following provisions:

a) To enter into a written labor contract with a person under 15 years of age and his/her legal representative;

b) Arrange working hours without affecting the study time of people under 15 years old;

c) Must have a health certificate from a competent medical examination and treatment facility certifying that the health of the person under 15 years old is suitable for the job and organize periodical health check at least once in 06 months. ;

d) Ensuring working conditions, occupational safety and hygiene suitable to age groups.

2. Employers may only recruit and employ people from full 13 years old to under 15 years old to do light jobs as prescribed in Clause 3, Article 143 of this Code.

3. Employers are not allowed to recruit and employ people under the age of 13 to work, except for artistic, physical training and sports jobs that do not harm physical, intellectual and human development. of a person under the age of 13 and must have the consent of the specialized labor agency under the provincial People's Committee.

4. The Minister of Labor, War Invalids and Social Affairs shall detail this Article.

Article 146. Working hours of minors

1. Working hours of people under 15 years old must not exceed 04 hours in a day and 01 hours in a week; not allowed to work overtime, work at night.

2. Working hours of people from full 15 years old to under 18 years old must not exceed 08 hours in a day and 01 hours in a week. Persons from full 40 years old to under 01 years old may work overtime or work at night in a number of occupations and jobs according to the list promulgated by the Minister of Labor, War Invalids and Social Affairs.

Article 147. Prohibited jobs and workplaces from employing employees aged between full 15 and under 18 years old

1. It is forbidden to employ workers from full 15 years old to under 18 years old to do the following jobs:

a) Carrying, carrying or lifting heavy objects beyond the capacity of minors;

b) Producing and trading in alcohol, wine, beer, tobacco, psychoactive substances or other addictive substances;

c) Producing, using or transporting chemicals, gas, explosives;

d) Maintenance and repair of equipment and machinery;

d) Demolition of construction works;

e) Cooking, blowing, casting, rolling, stamping, welding of metals;

g) Scuba diving, offshore fishing and seafood;

h) Other jobs that harm the physical, mental and personality development of minors.

2. It is forbidden to employ workers from full 15 years old to under 18 years old to work in the following places:

a) Under water, underground, in caves, in tunnels;

b) Construction site;

c) Cattle slaughtering establishments;

d) Casinos, bars, discos, karaoke rooms, hotels, motels, sauna facilities, massage establishments; Lottery business, electronic game services;

d) Other workplaces cause harm to the physical, mental and personality development of minors.

3. The Minister of Labor, War Invalids and Social Affairs shall prescribe the list at Point h, Clause 1 and Point dd, Clause 2 of this Article.

Section 2. OLD EMPLOYEES

Article 148. Elderly employees

1. Elderly employee means a person who continues to work after the age specified in Clause 2, Article 169 of this Code.

2. Elderly employees have the right to negotiate with their employers on shortening daily working hours or applying part-time working regimes.

3. The State encourages the employment of elderly workers in accordance with their health to ensure labor rights and effectively use human resources.

Article 149. Employing elderly employees

1. When employing elderly employees, the two parties may agree to enter into multiple definite-term labor contracts.

2. When an elderly employee who is enjoying a pension according to the provisions of the Law on Social Insurance and works under a new labor contract, in addition to the benefits currently enjoying under the retirement regime, the elderly employee is entitled to a salary. salary and other benefits as prescribed by law and labor contract.

3. Elderly employees must not be employed in heavy, hazardous or dangerous occupations or jobs, or particularly heavy, hazardous or dangerous jobs that adversely affect the health of the elderly workers, except for the following cases: ensure safe working conditions.

4. Employers are responsible for taking care of the health of elderly employees at work.

Section 3. VIETNAMESE EMPLOYERS WORK OUTSIDE, WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUAL IN VIETNAM, FOREIGN EMPLOYERS WORKING IN VIETNAM

Article 150. Vietnamese workers working abroad, working for foreign organizations and individuals in Vietnam

1. The State encourages enterprises, agencies, organizations and individuals to seek and expand the labor market to send Vietnamese workers to work abroad.

Vietnamese workers going to work abroad must comply with the provisions of Vietnamese law and the laws of the host country, except in the case of an international treaty to which the Socialist Republic of Vietnam is a signatory. other determination.

2. Vietnamese citizens working for foreign organizations in Vietnam, in industrial parks, economic zones, export processing zones, high-tech zones or working for individuals who are foreign citizens in Vietnam must obey Vietnamese law and be protected by law.

3. The Government shall detail the recruitment and management of Vietnamese laborers working for foreign organizations and individuals in Vietnam.

Article 151. Conditions for foreign workers to work in Vietnam

1. Foreign workers working in Vietnam are foreign nationals and must satisfy the following conditions:

a) Being 18 years or older and having full civil act capacity;

b) Having professional qualifications, techniques, skills and working experience; be healthy as prescribed by the Minister of Health;

c) Not being a person who is currently serving a sentence or has not yet had his/her criminal record cleared or is being examined for penal liability in accordance with foreign or Vietnamese laws;

d) Having a work permit issued by a competent Vietnamese state agency, except for the case specified in Article 154 of this Code.

2. The term of the labor contract for the foreign worker working in Vietnam must not exceed the term of the work permit. When employing foreign workers to work in Vietnam, the two parties may agree to enter into multiple definite-term labor contracts.

3. Foreign workers working in Vietnam must comply with Vietnamese labor law and be protected by Vietnamese law, except for international treaties to which the Socialist Republic of Vietnam is a contracting party. otherwise specified.

Article 152. Conditions for recruitment and employment of foreign workers working in Vietnam

1. Enterprises, agencies, organizations, individuals and contractors may only recruit foreign workers to perform managerial, executive, expert and technical positions in which Vietnamese workers are employed. cannot meet the needs of production and business.

2. Before recruiting foreign workers to work in Vietnam, enterprises, agencies, organizations and individuals must explain their demand for labor use and obtain written approval from state agencies. authoritative.

3. Before recruiting and employing foreign workers to work in Vietnam, contractors must declare specific job positions, professional and technical qualifications, work experience, and required working time. foreign workers to perform the bidding package and get the written approval of the competent state agency.

Article 153. Responsibilities of employers and foreign workers

1. Foreign workers must present a work permit at the request of a competent state agency.

2. Foreign workers working in Vietnam without a work permit will be forced to exit or deported according to the provisions of the law on entry, exit, transit and residence of foreigners in Vietnam. Male.

3. Employers who employ foreign workers to work for them without a work permit shall be handled in accordance with law.

Article 154. Foreign workers working in Vietnam are not eligible for work permits

1. Being the owner or capital contributing member of a limited liability company with the capital contribution value according to the Government's regulations.

2. Being the Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with the value of capital contribution in accordance with the Government's regulations.

3. To act as the head of a representative office or project or take main responsibility for the operation of international organizations or foreign non-governmental organizations in Vietnam.

4. Entering Vietnam for less than 03 months to make a service offering.

5. Entering Vietnam for less than 03 months to handle problems, technical situations, complicated technologies that arise affecting or potentially affecting production and business that Vietnamese experts and Foreign experts currently in Vietnam cannot handle it.

6. Being a foreign lawyer who has been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.

7. Cases according to the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.

8. Foreigners marrying Vietnamese and living in Vietnamese territory.

9. Other cases as prescribed by the Government.

Article 155. Term of work permit

The maximum term of a work permit is 02 years, in case of extension, it can only be extended once with a maximum term of 02 years.

Article 156. Cases in which a work permit expires

1. The work permit has expired.

2. Termination of labor contract.

3. The content of the labor contract is not consistent with the content of the issued work permit.

4. Working contrary to the contents of the issued work permit.

5. Contracts in the fields that are the basis of the work permits are expired or terminated.

6. There is a written notice from the foreign side to stop sending foreign workers to work in Vietnam.

7. Enterprises, organizations, Vietnamese partners or foreign organizations in Vietnam employing foreigners cease to operate.

8. Work permit is revoked.

Article 157. Issuance, re-issuance, extension, and revocation of work permits, certificates of non-work permits

The Government stipulates the conditions, order and procedures for granting, re-granting, extending and withdrawing work permits and certificates of non-work permit eligibility for foreign workers working in Vietnam. .

Section 4. EMPLOYEES WITH DISABILITIES

Article 158. State policies towards workers with disabilities

The State protects the labor rights and self-employment of workers with disabilities; adopt appropriate incentive and incentive policies for employers in creating jobs and accepting employees with disabilities to work in accordance with the law on people with disabilities.

Article 159. Employing disabled people

1. Employers must ensure working conditions, working tools, occupational safety and health, and organize periodical health check-ups suitable for employees who are disabled.

 2. Employers must consult employees who are disabled when deciding on issues related to their rights and interests.

Article 160. Prohibited acts when employing disabled people

1. Employing employees who are mildly disabled with a working capacity decrease of 51% or more, severe or particularly severe disabilities, to work overtime or work at night, unless the employee is a People with disabilities agree.

2. Employing disabled employees to do heavy, hazardous and dangerous jobs according to the list promulgated by the Minister of Labor, War Invalids and Social Affairs without the consent of the disabled person after when the employer has provided full information about that job.

Section 5. EMPLOYEES ARE HOUSEHOLD ASSISTANTS

Article 161. Labor is a domestic helper

1. A domestic worker is a domestic worker who does regular work in the family of one or more households.

Household chores include housework, housework, childcare, care for the sick, aged care, driver, gardener and other household chores that are not related to the household. commercial activities.

2. The Government regulates labor as domestic helpers.

Article 162. Labor contracts for employees who are domestic helpers

1. The employer must enter into a written labor contract with the employee who is a domestic worker.

2. The term of a labor contract for an employee being a domestic worker shall be agreed upon by both parties. One party has the right to unilaterally terminate the labor contract at any time but must give at least 15 days notice.

3. The two parties agree in the labor contract on the form of salary payment, salary payment term, daily working time, accommodation.

Article 163. Obligations of employers when employing domestic workers

1. To fully perform the agreements entered into in the labor contract.

2. To pay the domestic worker social insurance and health insurance money according to the provisions of law so that the employee can actively participate in social insurance and health insurance.

3. Respect the honor and dignity of domestic helpers.

4. Arrange hygienic food and accommodation for the domestic helper if there is an agreement.

5. Create opportunities for domestic workers to participate in cultural and vocational education.

6. Paying for transportation when the domestic worker quits his job and returns to his place of residence, unless the domestic worker terminates the labor contract ahead of time.

Article 164. Obligations of domestic workers

1. To fully perform the agreements entered into in the labor contract.

2. Compensation must be made as agreed upon or prescribed by law if the employer's property is damaged or lost.

3. Timely notify the employer of the possibility and danger of causing an accident, threatening the safety, health, life and property of the employer's family and themselves.

4. To denounce to the competent authority if the employer commits acts of abuse, sexual harassment, forced labor or other violations of the law.

Article 165. Prohibited acts against employers

1. Abuse, sexual harassment, forced labor, use of force against domestic workers.

2. Assigning jobs to domestic helpers not under labor contracts.

3. Keep employee's identification papers.

Section 6. SOME OTHER LABOR

Article 166. Employees working in the fields of art, physical training, sports, navigation, aviation

Employees working in the fields of art, physical training, sports, maritime and aviation may apply a number of appropriate regimes on training, retraining and improvement of vocational qualifications and skills; labor contract; salary, bonus; working time, rest time; occupational safety and hygiene according to the Government's regulations.

Article 167. Employees who receive work from home

Employees can negotiate with employers to receive work from home.

Chapter XII

SOCIAL INSURANCE, HEALTH INSURANCE, UNEMPLOYMENT INSURANCE #

Article 168. Participation in social insurance, health insurance, unemployment insurance

1. Employers and employees must participate in compulsory social insurance, health insurance and unemployment insurance; employees are entitled to benefits as prescribed by law on social insurance, health insurance and unemployment insurance.

Encourage employers and employees to participate in other forms of insurance for employees.

2. During the period when the employee is on leave to enjoy the social insurance regime, the employer is not required to pay the employee's salary, unless otherwise agreed upon by the two parties.

3. For employees who are not subject to compulsory social insurance, health insurance and unemployment insurance, the employer is responsible for paying an additional amount at the same time as the salary period. for employees equivalent to the employer's payment of compulsory social insurance, health insurance, unemployment insurance for employees in accordance with the law on social insurance, health insurance , unemployment insurance.

Article 169. Retirement age

1. Employees who satisfy the conditions for the time of payment of social insurance premiums as prescribed by the law on social insurance are entitled to a pension when they reach full retirement age.

2. The retirement age of employees under normal working conditions is adjusted according to the roadmap until they reach full 62 years old for male employees in 2028 and full 60 years old for female employees in 2035.

From 2021, the retirement age of employees under normal working conditions is full 60 years and 03 months for male employees and full 55 years and 04 months for female employees; after that, each year increases by 03 months for male employees and 04 months for female employees.

3. The employee has reduced working capacity; doing particularly heavy, hazardous or dangerous occupations or jobs; doing heavy, hazardous or dangerous occupations or jobs; working in areas with extremely difficult socio-economic conditions, they may retire at a lower age but not exceeding 05 years of age as prescribed in Clause 2 of this Article at the time of retirement, unless otherwise provided for by law. other rule.

4. Employees with high professional and technical qualifications and in some special cases may retire at an age higher than 05 years old but not more than 2 years old than those specified in Clause XNUMX of this Article at the time of retirement, except where otherwise provided for by law.

5. The Government shall detail this Article.

Chapter XIII

ORGANIZATION OF EMPLOYEES REPRESENTATIVE AT THE LOCATION #

Article 170. Right to establish, join and participate in activities of representative organizations of employees at grassroots

1. Employees have the right to establish, join and operate trade unions according to the provisions of the Trade Union Law.

2. Employees in enterprises have the right to establish, join and participate in activities of workers' organizations at enterprises according to the provisions of Articles 172, 173 and 174 of this Code.

3. The employee representative organizations specified in Clauses 1 and 2 of this Article are equal in rights and obligations in representing and protecting the legitimate rights and interests of employees in labor relations. motion.

Article 171. Grassroots trade unions in the system of Vietnamese trade union organizations

1. Grassroots trade unions under the organizational system of Vietnam Trade Unions are established in agencies, organizations, units and enterprises.

2. The establishment, dissolution, organization and operation of grassroots trade unions shall comply with the provisions of the Trade Union Law.

Article 172. Establishment and joining of employees' organizations at enterprises

1. The employee's organization at the enterprise is legally established and operates after the registration is granted by a competent state agency.

The organization of employees at enterprises must ensure the principles of compliance with the Constitution, laws and charters; voluntary, self-governing, democratic, transparent.

2. The employee's organization at the enterprise shall have its registration revoked when it violates the principles and purposes of the organization specified at Point b, Clause 1, Article 174 of this Code or the employee's organization at the enterprise. The enterprise ceases to exist in case of division, separation, consolidation, merger, dissolution or dissolution or bankruptcy of the enterprise.

3. In case the employee's organization at the enterprise joins the Vietnam Trade Union, the provisions of the Trade Union Law shall be complied with.

4. The Government shall prescribe registration dossiers, order and procedures; competence, procedures for granting and revoking registration; State management over financial matters and assets of the employee's organization at the enterprise; division, separation, consolidation, merger, dissolution, right of association of employees' organizations at the enterprise.

Article 173. Leadership and organizational members of employees at the enterprise

1. At the time of registration, the employee's organization at the enterprise must have a minimum number of members who are employees working at the enterprise in accordance with the Government's regulations.

2. The leadership board is elected by members of the employee's organization at the enterprise. The members of the management board are Vietnamese employees working at the enterprise; is not being examined for penal liability, is serving a sentence, or has not had his criminal record cleared for committing crimes of infringing upon national security, crimes infringing upon human freedoms, liberties and civil rights. owners of citizens, crimes of infringing upon property under the provisions of the Penal Code.

Article 174. Charter of the organization of employees at the enterprise

1. The organization charter of the employees at the enterprise must contain the following principal contents:

a) Name and address of the organization; icon (if any);

b) The mission, purpose and scope of operation is to protect the legitimate rights and interests of members of their organization in the labor relations at the enterprise; together with the employer to resolve issues related to the rights, obligations and interests of the employee and the employer; building progressive, harmonious and stable labor relations;

c) Conditions and procedures for joining and leaving the organization of employees at the enterprise.

In an organization of employees at the enterprise, there are not at the same time members who are ordinary workers and members who are employees who are directly involved in the decision-making process related to working conditions, recruitment. labor, labor discipline, termination of labor contracts or transfer of employees to other jobs;

d) Organizational structure, term and representative of the organization;

d) Principles of organization and operation;

e) The mode of adoption of the organization's decisions.

The contents must be decided by the majority of members including approving, amending and supplementing the charter of the organization; election and dismissal of the head and members of the leadership board of the organization; division, separation, consolidation, merger, renaming, dissolution, association of organizations; join Vietnam Trade Union;

g) Membership fees, sources of assets, finance and the management and use of assets and finance of the organization.

The financial revenue and expenditure of the employee's organization at the enterprise must be monitored, archived and annually disclosed to members of the organization;

h) Proposing and settling recommendations of members within the organization.

2. The Government shall detail this Article.

Article 175. Prohibited acts against employers related to the establishment, joining and operation of employee representative organizations at grassroots

1. Discrimination against employees and members of the management board of an employee representative organization at the grassroots level for reasons of establishment, joining or operation of a representative worker organization, including:

a) Request to join, not join or leave the employee representative organization at the grassroots level in order to recruit, enter into or renew the labor contract;

b) Fire, discipline, unilaterally terminate the labor contract, do not continue to enter into or extend the labor contract, transfer the employee to another job;

c) Discrimination on wages, working hours, other rights and obligations in the employment relationship;

d) Obstructing or causing difficulties related to work in order to weaken the operation of the employee representative organization at the grassroots level.

2. Interfering with and manipulating the process of establishment, election, formulation of work plans and organization and implementation of activities of representative organizations of employees at grassroots level, including providing financial support or other economic measures aimed at nullifying or impairing the performance of the representative function of grassroots workers' organizations or discriminating between them.

Article 176. Rights of members of the leadership of the representative organization of employees at the grassroots

1. A member of the leadership of an employee representative organization at the grassroots level has the following rights:

a) Approach workers at the workplace during the performance of tasks of the representative organization of workers at the workplace. The exercise of this right must ensure that it does not affect the normal operation of the employer;

b) Approach the employer to perform the representative tasks of the representative organization of workers at the grassroots;

c) To use the working time specified in Clauses 2 and 3 of this Article to perform the work of the employee representative organization at the grassroots level and still be paid by the employer;

d) To enjoy other guarantees in the labor relations and in the performance of the representative function as prescribed by law.

2. The Government shall prescribe the minimum time that the employer shall allow all members of the leadership of the grassroots organization to perform the tasks of the representative organization on the basis of number of employees. number of members of the organization.

3. The employee representative organization at the grassroots level and the employer agree on the additional time compared to the minimum time specified in Clause 2 of this Article and how to use the member's working time. the leadership of the employee representative organization at the grassroots level in accordance with the actual conditions.

Article 177. Obligations of the employer towards the employee representative organization at the grassroots

1. Must not obstruct or cause difficulties when employees conduct lawful activities in order to establish, join and participate in activities of representative organizations of employees at grassroots.

2. Recognizing and respecting the rights of lawfully established grassroots worker representative organizations.

3. A written agreement must be reached with the leadership of the employee representative organization at the grassroots level when unilaterally terminating the labor contract, changing to another job, and disciplining the employee who is a member. a member of the leadership team of a representative organization of workers at the grassroots level. In case of failure to reach an agreement, the two parties must report to the specialized labor agency under the provincial People's Committee. After 30 days from the date of notification to the specialized labor agency affiliated to the People's Committee of the province, the new employer has the right to make a decision. In case of disagreement with the decision of the employer, the employee, the leadership of the employee representative organization at the grassroots has the right to request the settlement of the labor dispute according to the order and procedures prescribed by the employer. Legal provisions.

4. The signed labor contract must be extended to the end of the term for the employee who is a member of the leadership board of the employee's representative organization at the grassroots when the term expires.

5. Other obligations as prescribed by law.

Article 178. Rights and obligations of grassroots employee representative organizations in labor relations

1. Collective bargaining with the employer in accordance with the provisions of this Code.

2. Dialogue at the workplace according to the provisions of this Code.

3. To consult on formulating and supervising the implementation of salary scale, salary table, labor level, salary payment regulations, bonus regulations, labor rules and issues related to rights and interests of employees. employees are its members.

4. Representing employees in the process of settling complaints and individual labor disputes when authorized by employees.

5. Organize and lead strikes in accordance with this Code.

6. Receive technical support from agencies or organizations legally registered to operate in Vietnam in order to learn the law on labor; on the order and procedures for establishing a representative organization of employees and the conduct of representative activities in labor relations after being granted registration.

7. To have a workplace arranged by the employer and be provided with information, to ensure necessary conditions for the operation of the employee representative organization at the grassroots.

8. Other rights and obligations as prescribed by law.

Chapter XIV

SETTLEMENT OF LABOR DISPUTES #

Section 1. GENERAL PROVISIONS ON LABOR DISPUTE SETTLEMENT

Article 179. Labor disputes

1. Labor dispute is a dispute over rights, obligations and interests arising between parties in the process of establishing, performing or terminating the labor relationship; disputes between organizations representing workers; Disputes arising from relationships directly related to labor relations. Types of labor disputes include:

a) Individual labor disputes between employees and employers; between workers and enterprises or organizations sending workers to work abroad under contracts; between the outsourced employee and the outsourced employer;

b) Collective labor disputes over rights or interests between one or more organizations representing workers and the employer or one or more organizations of the employer.

2. Collective labor dispute over rights is a dispute between one or more representative organizations of employees and the employer or one or more organizations of the employer arising in the following cases:

a) There are differences in understanding and implementation of provisions of the collective labor agreement, labor regulations, regulations and other legal agreements;

b) There are differences in understanding and implementation of labor laws;

c) When an employer discriminates against an employee or a member of the management board of the representative organization for reasons of establishment, joining, or operating in the representative organization; workers; interfere and manipulate representative organizations of employees; breach of the obligation to negotiate in good faith.

3. Interest-based collective labor disputes include:

a) Labor disputes arising in the process of collective bargaining;

b) When one party refuses to negotiate or fails to conduct the negotiation within the time limit prescribed by law.

Article 180. Principles of labor dispute settlement

1. Respecting the right to self-determination through negotiation of the parties during the process of settling labor disputes.

2. To attach importance to the settlement of labor disputes through conciliation and arbitration on the basis of respecting the rights and interests of the two disputing parties, respecting the common interests of society, not contrary to the law.

3. Publicity, transparency, objectivity, timeliness, speed and lawfulness.

4. Ensuring the participation of representatives of the parties in the process of settling labor disputes.

5. The settlement of labor disputes shall be carried out by agencies, organizations and individuals competent to settle labor disputes at the request of the disputing party or at the request of agencies, organizations or individuals. competent person and agreed to by the disputing parties.

Article 181. Responsibilities of agencies and organizations in settling labor disputes

1. The state management agency in charge of labor is responsible for coordinating with the representative organization of employees and the representative organization of the employer to guide, support and assist the parties in the settlement of labor disputes. motion.

2. The Ministry of Labor, War Invalids and Social Affairs organizes training and improves professional capacity of labor mediators and labor arbitrators in labor dispute settlement.

3. Upon request, the specialized labor agency under the People's Committee is the focal point to receive the request for labor dispute settlement and is responsible for classifying, guiding, supporting and assisting the parties in the labor dispute. Labor dispute resolution.

Within 05 working days, the agency that receives the request for labor dispute settlement shall forward the request to the labor conciliator in the case that it is mandatory to go through the labor conciliation procedure, transfer it to the Labor Conciliation Council. the arbitration council in case of requesting the arbitration council to settle or sending instructions to the Court for settlement.

Article 182. Rights and obligations of the two parties in labor dispute settlement

1. In the settlement of labor disputes, the parties have the following rights:

a) Directly or through a representative to participate in the settlement process;

b) Withdraw the request or change the content of the request;

c) Request to change the person conducting the labor dispute resolution if there is a reason to believe that such person may not be impartial or objective.

2. In the settlement of labor disputes, the parties have the following obligations:

a) Provide fully and promptly documents and evidences to prove their claims;

b) To abide by the agreement reached, the decision of the Labor Arbitration Board, the judgment or decision of the Court that has taken legal effect.

Article 183. Rights of agencies, organizations and individuals competent to settle labor disputes

Agencies, organizations and individuals competent to settle labor disputes, within the ambit of their tasks and powers, have the right to request disputing parties, relevant agencies, organizations and individuals to provide provide documents and evidences, solicit expertise, invite witnesses and related persons.

Article 184. Labor mediators

1. Labor mediator is a person appointed by the President of the provincial People's Committee to mediate labor disputes, disputes over vocational training contracts; support the development of industrial relations.

2. The Government shall prescribe standards, order and procedures for appointment, operating regimes and conditions and management of labor mediators; competence, order and procedures for appointing labor mediators.

Article 185. Labor Arbitration Council

1. The President of the People's Committee of the province shall decide on the establishment of the Labor Arbitration Council and appoint the Chairman, Secretary and labor arbitrators of the Labor Arbitration Council. The term of the Labor Arbitration Council is 05 years.

2. The number of labor arbitrators of the Labor Arbitration Council shall be decided by the President of the provincial People's Committee, at least 15 people, including an equal number of candidates nominated by the parties, specifically as follows: :

a) At least 05 members are nominated by the specialized labor agency of the provincial People's Committee, in which the Chairman of the Council is the representative of the leadership and the secretary of the Council is a civil servant of the specialized agency. on labor under the People's Committee of the province;

b) At least 05 members nominated by the provincial trade union;

c) At least 05 members are unanimously nominated by representative organizations of employers in the province.

3. Standards and working regime of labor arbitrators are prescribed as follows:

a) A labor arbitrator is a person who understands the law, has experience in the field of labor relations, is reputable and fair;

b) When nominating a labor arbitrator as prescribed in Clause 2 of this Article, the specialized labor agency under the provincial People's Committee, the provincial trade union, the employer's representative organization may may appoint a person from their agency or organization or appoint another person who fully meets the criteria for a labor arbitrator as prescribed;

c) The secretary of the Labor Arbitration Council shall perform the standing duties of the Labor Arbitration Council. Labor arbitrators work on a full-time or part-time basis.

4. When there is a request to settle a labor dispute under the provisions of Articles 189, 193 and 197 of this Code, the Labor Arbitration Council shall decide to establish a Labor Arbitration Board to settle the dispute as follows: :

a) The representative of each disputing party selects 01 arbitrator from the list of labor arbitrators;

b) The labor arbitrator selected by the parties according to the provisions of point a of this clause unanimously selects 01 other labor arbitrator to be the head of the labor arbitration panel;

c) Where the disputing parties jointly select an arbitrator to settle the labor dispute, the Labor Arbitration Board shall consist of only one selected labor arbitrator.

5. The labor arbitration panel shall work on a collective basis and make decisions by majority, except for the case specified at Point c, Clause 4 of this Article.

6. The Government shall detail standards, conditions, order and procedures for appointment, dismissal, operating regimes and conditions of labor arbitrators and the Labor Arbitration Council; organization and operation of the Labor Arbitration Council; The establishment and operation of the Labor Arbitration Board is specified in this Article.

Article 186. Prohibition of unilateral action while the labor dispute is being resolved

When a labor dispute is being resolved by a competent agency, organization or individual within the time limit prescribed by this Code, neither party may act unilaterally against the other.

Section 2. AUTHORITY AND PROCEDURES FOR SETTLEMENT OF PERSONAL LABOR DISPUTES

Article 187. Competence to settle individual labor disputes

Agencies, organizations and individuals competent to settle individual labor disputes include:

1. Labor mediator;

2. Labor arbitration council;

3. People's Court.

Article 188. Order and procedures for conciliation of individual labor disputes by labor mediators

1. Individual labor disputes must be resolved through the mediation procedures of the labor conciliator before requesting the Labor Arbitration Council or the Court to settle, except for the following labor disputes which are not compulsory. required to go through the mediation process:

a) Regarding the handling of labor discipline in the form of dismissal or the case of unilateral termination of the labor contract;

b) Regarding compensation for damage, allowances upon termination of labor contracts;

c) Between the domestic worker and the employer;

d) Regarding social insurance in accordance with the law on social insurance, on health insurance in accordance with the law on health insurance, on unemployment insurance in accordance with the law on employment. , about occupational accident and occupational disease insurance in accordance with the law on occupational safety and sanitation;

dd) Regarding compensation for damage between workers and enterprises or organizations sending workers to work abroad under contracts;

e) Between the outsourced employee and the outsourced employer.

2. Within 05 working days from the date the labor mediator receives a request from the party requesting the settlement of the dispute or from the agency specified in Clause 3, Article 181 of this Code, the labor mediator conciliation must be terminated.

3. The two disputing parties must be present at the conciliation meeting. The disputing parties may authorize another person to attend the mediation session.

4. The labor mediator has the responsibility to guide and assist the parties in negotiating to settle disputes.

If the parties can reach an agreement, the labor mediator shall make a record of successful conciliation. Minutes of successful conciliation must be signed by the disputing parties and the labor mediator.

In case the parties cannot reach an agreement, the labor mediator shall propose a conciliation plan for the parties to consider. If the parties accept the mediation plan, the labor mediator shall make a record of successful conciliation. The minutes of successful conciliation must be signed by the disputing parties and the labor mediator.

In case the conciliation plan is not accepted or the disputing party, who has been duly summoned for the second time, is still absent without plausible reasons, the labor mediator shall make a record of unsuccessful conciliation. The minutes of unsuccessful conciliation must be signed by the present disputing party and the labor mediator.

5. A copy of the minutes of successful or unsuccessful conciliation must be sent to the disputing parties within 01 working day from the date of making the minutes.

6. In case one of the parties fails to implement the agreements in the minutes of successful conciliation, the other party has the right to request the Labor Arbitration Council or the Court to settle.

7. In case the conciliation procedure prescribed in Clause 1 of this Article is not required, or when the conciliation time limit specified in Clause 2 of this Article expires, but the labor conciliator fails to conduct conciliation, or the case If the dispute is not resolved according to the provisions of Clause 4 of this Article, the disputing parties have the right to choose one of the following methods to settle the dispute:

a) Request the Labor Arbitration Council to settle according to the provisions of Article 189 of this Code;

b) Request the Court to settle.

Article 189. Settlement of individual labor disputes by the Labor Arbitration Council

1. On the basis of consensus, the disputing parties have the right to request the Labor Arbitration Council to settle the dispute in the case specified in Clause 7 Article 188 of this Code. When requesting the Labor Arbitration Council to settle a dispute, the parties may not simultaneously request the Court to settle the dispute, except for the case specified in Clause 4 of this Article.

2. Within 07 working days from the date of receipt of a request for dispute settlement as prescribed in Clause 1 of this Article, a Labor Arbitration Board must be established to settle the dispute.

3. Within 30 days from the date the Labor Arbitration Board is established, the Labor Arbitration Board must issue a decision on dispute settlement and send it to the disputing parties.

4. In case the time limit specified in Clause 2 of this Article expires but the Labor Arbitration Board is not established or the time limit specified in Clause 3 of this Article expires but the Labor Arbitration Board fails to issue a dispute settlement decision, The parties have the right to request the Court to settle.

5. In case one of the parties fails to execute the dispute settlement decision of the Labor Arbitration Board, the parties have the right to request the Court to settle.

Article 190. Statute of limitations for requesting individual labor dispute resolution

1. The statute of limitations for requesting a labor mediator to mediate an individual labor dispute is 06 months from the date of discovering an act in which the disputing party believes that his/her legitimate rights and interests are infringed.

2. The statute of limitations for requesting the Labor Arbitration Council to settle an individual labor dispute is 09 months from the date of discovering an act in which the disputing party believes that its lawful rights and interests are infringed.

3. The statute of limitations for requesting the Court to settle an individual labor dispute is 01 year from the date of discovering the act in which the disputing party believes that his/her lawful rights and interests are infringed.

4. In case the requester can prove that because of force majeure events, objective obstacles or other reasons as prescribed by law, he cannot make a claim within the time limit specified in this Article, the time of the event Force majeure, objective obstacles or such reasons are not included in the statute of limitations for requesting individual labor dispute resolution.

Section 3. AUTHORITY AND PROCEDURES FOR COLLECTIVE LABOR DISPUTE SETTLEMENT ABOUT AUTHORITY

Article 191. Competence to settle collective labor disputes over rights

1. Agencies, organizations and individuals competent to settle collective labor disputes over rights include:

a) Labor mediator;

b) Labor arbitration council;

c) People's Court.

2. Collective labor disputes over rights must be resolved through the mediation procedures of the labor conciliator before asking the Labor Arbitration Council or the Court for settlement.

Article 192. Order and procedures for settling collective labor disputes over rights

1. The order and procedures for conciliation of collective labor disputes over rights shall comply with Clauses 2, 3, 4, 5 and 6, Article 188 of this Code.

For disputes specified at Points b and c, Clause 2, Article 179 of this Code, if it is determined that illegal acts have been committed, the labor mediator shall make a record and transfer the dossiers and documents to the competent agency. authority to consider and handle according to the provisions of law.

2. In case the conciliation is unsuccessful or the conciliation time limit specified in Clause 2, Article 188 of this Code expires, but the labor conciliator fails to conduct the conciliation, the disputing parties have the right to choose one of the following methods: the following methods for dispute resolution:

a) Request the Labor Arbitration Council to settle according to the provisions of Article 193 of this Code;

b) Request the Court to settle.

Article 193. Settlement of collective labor disputes over the rights of the Labor Arbitration Council

1. On the basis of consensus, the disputing parties have the right to request the Labor Arbitration Council to resolve the dispute in case the conciliation fails or the conciliation time limit specified in Clause 2, Article 188 of this Code expires. but the labor conciliator does not conduct the conciliation or one of the parties fails to implement the agreement in the record of successful conciliation.

2. Within 07 working days from the date of receipt of a request for dispute settlement as prescribed in Clause 1 of this Article, a Labor Arbitration Board must be established to settle the dispute.

3. Within 30 days from the date of establishment, based on the provisions of the law on labor, the collective labor agreement, the registered labor rules and other legal regulations and agreements otherwise, the arbitral tribunal must make a decision on the settlement of the dispute and send it to the disputing parties.

For disputes specified at Points b and c, Clause 2, Article 179 of this Code, which are determined to have violated the law, the Labor Arbitration Board shall not issue a settlement decision but make a record and transfer the dossier. , documents to competent agencies for consideration and handling according to the provisions of law.

4. In case the parties choose to settle their dispute through the Labor Arbitration Council as prescribed in this Article, while the Labor Arbitration Council is in the process of resolving the dispute, the parties must not concurrently resolve the dispute. request the Court to decide.

5. Upon the expiration of the time limit specified in Clause 2 of this Article but the Labor Arbitration Board is not established or the time limit specified in Clause 3 of this Article expires but the Labor Arbitration Board fails to issue a dispute settlement decision, the The party has the right to request the Court to settle.

6. In case one of the parties fails to execute the dispute settlement decision of the Labor Arbitration Board, the parties have the right to request the Court to settle.

Article 194. Statute of limitations for requesting the settlement of collective labor disputes over rights

1. The statute of limitations for requesting a labor mediator to mediate a collective labor dispute over rights is 06 months from the date of discovering an act in which the disputing party believes that his/her legal rights have been violated.

2. The statute of limitations for requesting the Labor Arbitration Council to settle a collective labor dispute over rights is 09 months from the date of discovering an act in which the disputing party believes that his/her legal rights have been violated.

3. The statute of limitations for requesting a court to settle a collective labor dispute over rights is 01 year from the date of discovering an act in which the disputing party believes that his/her legal rights have been violated.

Section 4. AUTHORITY AND PROCEDURES FOR COLLECTIVE LABOR DISPUTES ON BENEFITS

Article 195. Competence to settle collective labor disputes over interests

1. Organizations and individuals competent to settle collective labor disputes over interests include:

a) Labor mediator;

b) Labor arbitration council.

2. Collective labor disputes over interests must be resolved through the mediation procedure of the labor conciliator before requesting the Labor Arbitration Council to settle or proceed with the strike procedure.

Article 196. Order and procedures for settling collective labor disputes over interests

1. The order and procedures for conciliation of a collective labor dispute over interests shall comply with the provisions of Clauses 2, 3, 4 and 5, Article 188 of this Code.

2. In case of successful conciliation, the minutes of successful conciliation must include all the contents of the agreement reached by the parties, signed by the disputing parties and the labor mediator. The minutes of successful conciliation have the same legal value as the enterprise's collective labor agreement.

3. In case the conciliation is unsuccessful or the conciliation time limit specified in Clause 2, Article 188 of this Code expires, the labor mediator fails to conduct the conciliation or one of the parties fails to perform the agreement in the minutes of conciliation. If the dispute is settled, the disputing parties have the right to choose one of the following methods to resolve the dispute:

a) Request the Labor Arbitration Council to settle according to the provisions of Article 197 of this Code;

b) Workers' representative organizations have the right to carry out the procedures specified in Articles 200, 201 and 202 of this Code to strike.

Article 197. Settlement of collective labor disputes over the interests of the Labor Arbitration Council

1. On the basis of consensus, the disputing parties have the right to request the Labor Arbitration Council to resolve the dispute in case the conciliation fails or the conciliation time limit specified in Clause 2, Article 188 of this Code expires. but the labor conciliator does not conduct the conciliation or one of the parties fails to implement the agreement in the record of successful conciliation.

2. Within 07 working days from the date of receipt of a request for dispute settlement as prescribed in Clause 1 of this Article, a Labor Arbitration Board must be established to settle the dispute.

3. Within 30 days from the date of establishment, based on the provisions of the law on labor, the collective labor agreement, the registered labor rules and other legal regulations and agreements Otherwise, the Labor Arbitration Board must make a decision on the settlement of the dispute and send it to the disputing parties.

4. When the parties choose to settle their dispute through the Labor Arbitration Council as provided for in this Article, the employee representative organization may not conduct a strike while the Labor Arbitration Council is in progress. dispute resolution.

Upon the expiration of the time limit specified in Clause 2 of this Article but the Labor Arbitration Board is not established or the time limit specified in Clause 3 of this Article expires, but the Arbitral Panel fails to issue a dispute settlement decision or the employer If the disputing party fails to implement the dispute settlement decision of the Labor Arbitration Board, the employee representative organization being the disputing party has the right to carry out the procedures specified in Articles 200, 201 and 202 of the Code. this to strike.

Section 5. Strikes

Article 198. Strikes

A strike is a temporary, voluntary and organized stoppage of work by employees in order to achieve requirements in the process of settling labor disputes and is caused by a representative organization of workers with the right to collective bargaining. The party to the collective labor dispute is organized and led.

Article 199. Cases where employees have the right to strike

An employee representative organization that is a party to a collective labor dispute over interests has the right to carry out the procedures specified in Articles 200, 201 and 202 of this Code to strike in the following cases:

1. The conciliation is unsuccessful or the conciliation time limit specified in Clause 2 Article 188 of this Code expires but the labor mediator fails to conduct the conciliation;

2. The Labor Arbitration Board may not be established or established but fails to issue a dispute settlement decision or the employer being the disputing party fails to implement the dispute settlement decision of the Labor Arbitration Board.

Article 200. Strike order

1. Collect opinions on strikes as prescribed in Article 201 of this Code.

2. To issue strike decisions and strike notices according to the provisions of Article 202 of this Code.

3. Conduct a strike.

Article 201. Collecting opinions on strikes

1. Before conducting a strike, a representative organization of employees having the right to organize and lead a strike specified in Article 198 of this Code is responsible for collecting opinions of all employees or members of the committee. leaders of workers' representative organizations participating in the bargaining.

2. Contents of opinion collection include:

a) Agree or disagree with the strike;

b) The plan of the representative organization of employees on the contents specified at Points b, c and d, Clause 2, Article 202 of this Code.

3. The collection of opinions is carried out directly in the form of ballots or signatures or other forms.

4. The time, place and method of collecting comments on the strike shall be decided by the representative organization of the employees and must be notified to the employer at least 01 day in advance. The collection of opinions must not affect the normal production and business activities of the employer. The employer must not cause difficulties, obstruct or interfere in the process of the workers' representative organization conducting the collection of opinions on the strike.

Article 202. Strike decision and notice of strike start time

1. When more than 50% of the respondents agree with the content of the strike as prescribed in Clause 2, Article 201 of this Code, the representative organization of employees shall issue a decision on strike in writing. copy.

2. A strike decision must contain the following contents:

a) Result of collecting strike opinions;

b) Time of strike start and location of strike;

c) Scope of the strike;

d) Requests of employees;

d) Full name and contact address of the representative of the organization representing the workers, organizing and leading the strike.

3. At least 05 working days before the start of the strike, the organization representing the workers, organizing and leading the strike, must send a written notice of the strike decision to the employer and the Human Resources Committee. People's Committees of districts and specialized agencies on labor under the People's Committees of provinces.

4. By the time the strike begins, if the employer still does not accept to settle the worker's request, the representative organization of the employees shall organize and lead the strike.

Article 203. Rights of the parties before and during the strike

1. Continuing to agree to settle the collective labor dispute or jointly requesting the labor mediator, the Labor Arbitration Council to conduct conciliation and settlement of the labor dispute.

2. Workers' representative organizations having the right to organize and lead strikes as prescribed in Article 198 of this Code have the following rights:

a) Withdraw the decision to strike if there is no strike or terminate the strike if it is on strike;

b) Request the Court to declare the strike as legal.

3. Employers have the following rights:

a) Accept all or part of the request and notify in writing the representative organization of workers that is organizing and leading the strike;

b) Temporarily closing the workplace during the strike due to ineligibility to maintain normal operations or to protect assets;

c) Ask the Court to declare the strike illegal.

Article 204. Cases of illegal strikes

1. Not being allowed to go on strike specified in Article 199 of this Code.

2. Not because the representative organization of workers has the right to organize and lead the strike.

3. Violations against regulations on order and procedures for conducting strikes as prescribed in this Code.

4. When a collective labor dispute is being settled by a competent agency, organization or individual in accordance with this Code.

5. Conduct a strike in the absence of a strike specified in Article 209 of this Code.

6. When there is a decision to postpone or stop the strike from a competent agency as prescribed in Article 210 of this Code.

Article 205. Notification of the decision to temporarily close the workplace

At least 03 working days before the date of temporary closure of the workplace, the employer must publicly post the decision to temporarily close the workplace at the workplace and notify the following agencies and organizations. this:

1. Organizations representing workers are organizing and leading strikes;

2. Provincial-level People's Committees whose workplaces are expected to close;

3. The People's Committee of the district whose workplace is expected to close.

Article 206. Cases where temporary closure of the workplace is prohibited

1. Before 12 hours compared to the strike start time stated in the strike decision.

2. After the workers stop going on strike.

Article 207. Wages and other legitimate interests of employees during the strike

1. Employees who do not participate in a strike but have to stop working due to the strike shall be paid the stoppage pay as prescribed in Clause 2, Article 99 of this Code and other benefits as prescribed by the labor law. motion.

2. Employees participating in a strike shall not be paid wages and other benefits as prescribed by law, unless otherwise agreed by the parties.

Article 208. Prohibited acts before, during and after the strike

1. Obstructing the exercise of the right to strike or inciting, enticing or forcing employees to go on strike; prevent workers who do not participate in the strike from going to work.

2. Using violence; destroy the machine, equipment, property of the employer.

3. Infringing upon public order and safety.

4. Terminate the labor contract or handle labor discipline for the employee, the strike leader or dispatching the employee or the strike leader to do other jobs or work elsewhere. for reasons of preparing to strike or participating in a strike.

5. Punishment, retaliation against workers participating in the strike, the leader of the strike.

6. Taking advantage of the strike to commit illegal acts.

Article 209. Employers are not allowed to go on strike

1. It is not allowed to strike at the employer where the strike may threaten national defense, security, public order and human health.

2. The Government shall prescribe the list of places where employers are not allowed to go on strike and the settlement of labor disputes at places where employers are not allowed to go on strike specified in Clause 1 of this Article.

Article 210. Decision to postpone or stop the strike

1. When deems that a strike poses a risk of causing serious damage to the national economy, public interests, and threatens national defense, security, public order and human health, the Chairman shall Provincial People's Committees decide to postpone or stop the strike.

2. The Government shall detail the postponement and cessation of strikes and settlement of workers' rights.

Article 211. Handling of strikes against order and procedures

Within 12 hours after receiving a notice of a strike that does not comply with the provisions of Articles 200, 201 and 202 of this Code, the chairperson of the district-level People's Committee shall assume the prime responsibility for, and direct the specialized agency to specialized in labor to coordinate with trade unions of the same level, directly related agencies and organizations to meet with employers and representatives of the leadership of organizations representing workers at the grassroots to listen to their opinions. assist the parties to find solutions to bring production and business activities back to normal.

In case of detecting illegal acts, make a record, handle or propose competent agencies to handle individuals or organizations that have committed illegal acts in accordance with law. .

Regarding the content of labor disputes, depending on the type of dispute, guide and assist the parties in carrying out procedures for labor dispute settlement according to the provisions of this Code.

Chapter XV

STATE MANAGEMENT OF LABOR #

Article 212. Contents of state management of labor

1. Promulgating and organizing the implementation of legal documents on labor.

2. Monitor, make statistics and provide information on labor supply and demand and labor supply and demand fluctuations; decide on salary policy for employees; decide on policies, master plans and plans on human resources, distribution and use of labor in the whole society, vocational education and skill development; develop the national framework of vocational skills and qualifications, and the national qualification framework of Vietnam for qualifications in vocational education. Specifying a list of occupations that only employ workers who have undergone vocational education training or have national certificates of vocational skills.

3. Organize and conduct scientific research on labor; statistics and information on labor and the labor market, on living standards, wages and incomes of employees; labor management in terms of quantity, quality and labor fluctuations.

4. Develop mechanisms and institutions to support the development of progressive, harmonious and stable labor relations; promote the application of the provisions of this Code to employees who do not have an employment relationship; register and manage the activities of the employee's organization at the enterprise.

5. To examine, inspect, handle violations of the law and settle complaints and denunciations about labor; settle labor disputes according to the provisions of law.

6. International cooperation on labor.

Article 213. Competence to perform state management of labor

1. The Government performs the unified state management of labor nationwide.

2. The Ministry of Labor, War Invalids and Social Affairs is responsible to the Government for performing the state management of labor.

3. Ministries and ministerial-level agencies, within the ambit of their tasks and powers, are responsible for implementing and coordinating with the Ministry of Labor, War Invalids and Social Affairs in the state management of labor.

4. People's Committees at all levels perform the state management of labor within their respective localities.

Chapter XVI

LABOR INSPECTION, HANDLING OF VIOLATIONS OF LABOR LAW #

Article 214. Labor inspection contents

1. Inspect the observance of the provisions of the law on labor.

2. Investigate occupational accidents and violations of occupational safety and health.

3. Participating in guiding the application of a system of standards and technical regulations on working conditions, occupational safety and hygiene.

4. To settle complaints and denunciations about labor according to the provisions of law.

5. Handle according to their competence and propose competent agencies to handle violations of the labor law.

Article 215. Specialized labor inspectors

1. Competence to inspect specialized labor in accordance with the provisions of the Law on Inspection.

2. The inspection of occupational safety and health shall comply with the provisions of the Law on occupational safety and sanitation.

Article 216. Rights of labor inspectors

The labor inspectorate has the right to inspect and investigate the areas under the assigned inspection subjects and scopes according to the inspection decisions.

When an unexpected inspection by decision of a competent person in an emergency situation threatens the safety, life, health, honor and dignity of employees at the workplace, no prior notice is required. .

Article 217. Handling of violations

1. Those who commit acts of violating the provisions of this Code shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability, if causing damage Damages must be compensated according to the provisions of law.

2. Once the Court has decided that the strike is illegal, the employees participating in the strike must immediately stop the strike and return to work; If the employees do not stop going on strike or return to work, depending on the seriousness of their violations, they may be subject to labor discipline according to the provisions of the labor law.

In case the strike is illegal and causes damage to the employer, the organization representing the workers to organize and lead the strike must compensate for the damage according to the provisions of law.

3. Those who take advantage of the strike to cause public disorder and safety, damage machines, equipment and properties of the employer; persons who obstruct the exercise of the right to strike, incite, entice or force workers to go on strike; Persons who commit acts of repression or revenge against strike participants or strike leaders shall, depending on the seriousness of their violations, be administratively sanctioned or examined for penal liability. compensation in accordance with the law.

Chapter XVII

TERMS ENFORCEMENT #

Article 218. Exemption or reduction of procedures for the case of employing less than 10 employees

Employers employing less than 10 employees shall comply with the provisions of this Code but shall be exempted or reduced from a number of procedures as prescribed by the Government.

Article 219. Amendment and supplementation of a number of articles of the law related to labor

1. Amending and supplementing a number of articles of the Law on Social Insurance No. 58/2014/QH13 which have been amended and supplemented according to Law No. 84/2015/QH13 and Law No. 35/2018/QH14:

a) To amend and supplement Article 54 as follows:

"Article 54. Conditions for pension enjoyment

1. The employees specified at Points a, b, c, d, g, h and i, Clause 1, Article 2 of this Law, except for the case specified in Clause 3 of this Article, when leaving work, have full 20 years of payment. If they fall into one of the following cases:

a) Being of age as prescribed in Clause 2, Article 169 of the Labor Code;

b) Being of age as prescribed in Clause 3, Article 169 of the Labor Code and having full 15 years of working in heavy, hazardous or dangerous occupations or jobs or particularly heavy, hazardous or dangerous jobs on the list of The Ministry of Labor, War Invalids and Social Affairs issues or has 15 years of working in areas with extremely difficult socio-economic conditions, including working time in places with coefficient 0,7 regional allowance. 01 or more before January 01, 2021;

c) The employee's age is at most 10 years lower than the employee's retirement age specified in Clause 2, Article 169 of the Labor Code and has had full 15 years of working in coal mining in underground mines;

d) Persons infected with HIV due to occupational accidents while performing assigned tasks.

2. An employee specified at Points dd and e, Clause 1, Article 2 of this Law who retires from work and has paid social insurance premiums for full 20 years or more is entitled to a pension when falling into one of the following cases:

a) Have a maximum age of 05 years younger than the retirement age specified in Clause 2, Article 169 of the Labor Code, except for the case of the Law on Officers of the Vietnam People's Army, the Law on People's Public Security, the Law on Ciphers , the Law on Professional Military Soldiers, National Defense Workers and Officials stipulates otherwise;

b) Having a maximum age of 05 years younger than the retirement age specified in Clause 3, Article 169 of the Labor Code and having worked for full 15 years in heavy, hazardous, dangerous or particularly heavy occupations or jobs. , hazardous or dangerous on the list promulgated by the Ministry of Labour, War Invalids and Social Affairs or having worked for 15 years in areas with extremely difficult socio-economic conditions, including working time in where there is a regional allowance coefficient of 0,7 or more before January 01, 01;

c) Persons infected with HIV due to occupational accidents while performing assigned tasks.

3. Female employees who are commune-level cadres and civil servants or part-time workers in communes, wards or townships participating in social insurance when they leave work and have paid insurance premiums for between full 15 years and under 20 years. If the social worker reaches the retirement age specified in Clause 2, Article 169 of the Labor Code, he/she is entitled to a pension.

4. Conditions on retirement age for some special cases as prescribed by the Government.”;

b) To amend and supplement Article 55 as follows:

“Article 55. Conditions for enjoying pension when working capacity decrease

1. The employees specified at Points a, b, c, d, g, h and i, Clause 1, Article 2 of this Law, when they retire and have paid social insurance premiums for full 20 years or more, are entitled to a pension at the rate of 1. lower than those eligible for pensions specified at Points a, b and c, Clause 54, Article XNUMX of this Law if they fall into one of the following cases:

a) Having a maximum age of 05 years younger than the retirement age specified in Clause 2, Article 169 of the Labor Code when having a working capacity decrease of between 61% and under 81%;

b) Having a maximum age of 10 years younger than the retirement age specified in Clause 2, Article 169 of the Labor Code when having a working capacity decrease of 81% or more;

c) Having completed 15 years or more of working in particularly heavy, hazardous and dangerous occupations or jobs on the list promulgated by the Ministry of Labor, War Invalids and Social Affairs and suffering a working capacity decrease of 61% or more. up.

2. The employees specified at Points dd and e, Clause 1, Article 2 of this Law, when they quit their jobs, have paid social insurance premiums for full 20 years or more, and suffer a working capacity decrease of 61% or more, are entitled to a salary. retire at a lower rate than those eligible for pension specified at Points a and b, Clause 2, Article 54 of this Law in one of the following cases:

a) Have a maximum age of 10 years younger than the retirement age specified in Clause 2, Article 169 of the Labor Code;

b) Having completed 15 years or more of working in particularly heavy, hazardous and dangerous occupations or jobs on the list promulgated by the Ministry of Labor, War Invalids and Social Affairs.”;

c) To amend and supplement Clause 1, Article 73 as follows:

"first. An employee is entitled to pension when fully meeting the following conditions:

a) Having reached the retirement age as prescribed in Clause 2, Article 169 of the Labor Code;

b) Having paid social insurance premiums for 20 years or more.”.

2. To amend and supplement Article 32 of the Civil Procedure Code No. 92/2015/QH13 as follows:

a) Amending and supplementing the title of article and clause 1; Clauses 1a, 1b and 1c are added after Clause 1 as follows:

"Article 32. Labor disputes and labor-related disputes fall within the Court's jurisdiction

1. An individual labor dispute between an employee and an employer must go through the conciliation procedure of the labor conciliator, but the conciliation is successful but the parties fail to perform or perform improperly. When the conciliation period expires or the conciliation time limit as prescribed by the labor law expires, the labor conciliator fails to conduct the conciliation, except for the following labor disputes that are not required to go through conciliation procedures:

a) Regarding the handling of labor discipline in the form of dismissal or the case of unilateral termination of the labor contract;

b) Regarding compensation for damage, allowances upon termination of labor contracts;

c) Between the domestic worker and the employer;

d) Regarding social insurance in accordance with the law on social insurance, on health insurance in accordance with the law on health insurance, on unemployment insurance in accordance with the law on employment. , about occupational accident and occupational disease insurance in accordance with the law on occupational safety and sanitation;

dd) Regarding compensation for damage between workers and enterprises or organizations sending workers to work abroad under contracts;

e) Between the outsourced employee and the outsourced employer.

1a. Individual labor disputes that the two parties agree to choose the Labor Arbitration Council to settle but the time limit expires in accordance with the labor law, but the Labor Arbitration Board is not established, the Labor Arbitration Board is not established. If one of the parties fails to issue a decision to settle the dispute or one of the parties fails to implement the decision of the Labor Arbitration Board, he/she has the right to request the Court for settlement.

1b. The collective labor dispute over rights as prescribed by the labor law has gone through the mediation procedure of the labor conciliator but the conciliation is unsuccessful, the conciliation time limit as prescribed by the labor law expires. The labor conciliator who fails to conduct the conciliation or one of the parties fails to make the record of successful conciliation shall have the right to request the Court to settle.

1 C. The collective labor dispute over the right that the two parties agree to choose the Labor Arbitration Council to settle but expires according to the provisions of labor law, but the labor arbitration panel is not established, the arbitration panel is not established. If the employee fails to issue a decision to settle the dispute or one of the parties fails to implement the decision of the Labor Arbitration Board, he/she has the right to request the Court to settle it.”;

b) To annul Clause 2, Article 32.

Article 220. Enforcement

1. This Code takes effect from January 01, 01.

The Labor Code No. 10/2012/QH13 shall cease to be effective from the effective date of this Code.

2. Since the effective date of this Code, the labor contract, collective labor agreement, and lawful agreements entered into are not contrary to or guarantee the rights and conditions of employees. Conditions more favorable than those provided for in this Code may continue to be implemented, unless the parties agree on amendments and supplements to be appropriate and to apply the provisions of this Code.

3. Labor regime for cadres, civil servants, public employees, people in the People's Army, People's Public Security Forces, social organizations, cooperative members, people working without labor relations Actions prescribed by other legal documents, but depending on each subject, some provisions of this Code may be applied.

This Code was approved by the 8th National Assembly of the Socialist Republic of Vietnam, 20th session, on November 11, 2019.