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The Labour Code 1994

Chapter I - General Provisions

President

Republic of socialist Vietnam

Pursuant to Article 103 and 106 of the Constitution of the Socialist Republic of Vietnam in 1992;

Pursuant to Article 78 of the Law on the Organization of Congress.

Proclaims this

Labor Code of the Republic of Vietnam socialist country by the National Assembly of the Socialist Republic of Vietnam IXth, 5th session through June 23, 1994.

Chairman

Republic of socialist Vietnam

Le Duc Anh

 

Labor Code

Republic of socialist Vietnam.

Preface

Labor is the most important activity of the people, creating material wealth and spiritual values ​​of society. Labour productivity, quality and efficiency are the decisive factor of national development.

Labor law stipulates the rights and obligations of workers and employers of people, labor standards, the principles of use and management of labor, contributing to the production, so the taste important role in social life and in the legal system of the country.

Inheritance and development of the labor law of the Court since the August 1945 Revolution to the present, the Labour Code institutionalizing innovative ways of Communist Party of Vietnam and specify the provisions of the Constitution Republic Socialist of Vietnam in 1992 on labor, employment and labor management.

Labour Code protects the right to work, benefits and other rights of workers, while protecting the legitimate rights and interests of employers, facilitate labor relations harmonious and stability and contribute to promoting the creativity and talent of mental work and physical labor, management of labor, in order to achieve the productivity, quality and social progress in the labor, product manufacturing, service and efficiency in the use and management of labor, contributing to the industrialization and modernization of the country as a prosperous people, a strong country, social justice, civilization.

Chapter I: GENERAL PROVISIONS

Article 1.

Labor Code to adjust labor relations between workers and salaried employees who use social relations and directly related to labor relations.

Article 2.

Labour Code applies to all employees, every organization or individual employers under labor contracts, under the economic component, the form of ownership.

This Code shall also apply to apprentices, family helpers and some other categories of workers specified in this Code.

Article 3.

Vietnam citizens working in enterprises with foreign investment capital in Vietnam, in offices, foreign organizations or international play on the territory of Vietnam and foreigners working in enterprises and organizations organizations and individuals in Vietnam in the territory of Vietnam are under the scope of application of this Code and other provisions of the law of Vietnam, except where international agreements which the Socialist Republic of Vietnam signed concluded or acceded to.

Article 4.

Labor regime for civil servants and State employees, who hold elected positions, elected or appointed, the forces of the people's army, the people's police, members of the mass organizations, the political organizations, social and cooperative members due to other legal documents specified but depending on the object that the application of some provisions of this Code.

Article 5.

1. Everyone has the right to work, free choice of employment and occupation, vocational training and improve professional skills, without discrimination of gender, ethnicity, social background, religion , religion.

2. Prohibition of abuse workers; prohibition of forced labor in any form.

3. All activities generate employment, self-employment, vocational training and vocational training for employment, production activities, trading labor revenues are the State encourages and creates favorable conditions or help.

Article 6.

Laborers are at least 15 years of age, able to work and has entered into a labor contract.

Labour users are businesses, agencies, organizations or individuals, if they are an individual, must be at least 18 years, hiring, employment and remuneration.

Article 7.

1. Employees are paid on the basis of agreement with the employer, but not less than the minimum wage prescribed by the State and according to productivity, quality, work efficiency; protected workers, working in these conditions to ensure labor safety, occupational health; on vacation, paid annual leave and social insurance as prescribed by law. State regulation of labor regimes and social policies to protect women workers and the type of labor has its own character.

2. Workers have the right to form, join, union activities under the Trade Union Law to protect the legitimate rights and interests of their own; enjoying collective welfare, participation in the management of enterprises by the internal rules and regulations of the business of law.

3. The employee has the obligation to perform labor contracts, collective bargaining agreements, labor discipline observance, labor regulations and follow the direction of the employer.

4. Workers have the right to strike in accordance with law;

Article 8.

1. The employer has the right to recruit labor, layout, operating labor-demand production and business; have the right reward and handling violations of labor discipline under the labor law.

2. The employer has the right to appoint representatives to negotiate and conclude collective labor agreements in the enterprise or the collective labor agreement sectors; responsible collaboration with the union to discuss issues of labor relations, improving living standards and morale of workers.

3. The employer has the obligation to perform labor contracts, collective labor agreements and other agreements with employees, respect the honor, dignity and proper treatment of employees.

Article 9.

Labor relations between workers and employers who are established and developed through negotiations and agreement on the principles of voluntariness, equality, cooperation, respect for the rights and legitimate interests of each other, really full implementation of the commitments.

The state encourages the agreement secured for employees with more favorable conditions than those stipulated by labor legislation.

The employee and the employer may request the agency or organization competent to settle labor disputes. The state encourages the settlement of labor disputes by conciliation and arbitration.

Article 10.

1. State the unified management of human resources and labor management in law and policy to develop distributed workforce, develop diverse forms of employment and employment services .

2. The State shall guide employees and employers to build labor relations harmonious and stable, work together for the development of the business.

Article 11.

State encourages employees to manage democratic, fair and civilized in the enterprise and take all necessary measures, including a deduction from the profits of the business, making employees interested in the performance of now, in order to achieve high efficiency in labor management, production enterprises.

State policies to employees to buy shares or contribute capital enterprise development.

Article 12.

Unions join the State agencies, economic organizations, social organizations to take care to protect the rights of workers; participation test, monitoring the implementation of the provisions of the labor law. 



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