Rights And Obligations Of Employers in 2023

NT International Law Firm aims to address the aforementioned concerns by shedding light on the rights and obligations of employers that they must hold towards their employees in line of the discribed below consideration.

Labor law is a crucial legal framework in numerous countries worldwide, including Vietnam, aimed at safeguarding the rights of employees and ensuring fairness and equality in labor relations. It encompasses various aspects such as working hours, wages, leave entitlements, health and safety measures, as well as the rights and responsibilities of both employees and employers. Furthermore, labor law also governs matters like labor contracts, resolution of labor disputes, employment of young workers and individuals with disabilities, and other welfare provisions.

Rights And Obligations Of Employers in 2023

What are employers?

Legal basis: Clause 2, Article 3 of the 2019 Labor Code of Vietnam.

Definition: An employer is an organization, agency, organization, cooperative, household, or individual that hires and uses workers to work for them according to an agreement. In the case of an individual employer, they must have full civil capacity.

Key points:

• Employers are responsible for ensuring the rights of employees, complying with labor regulations and tax obligations, and paying social insurance for employees in accordance with the law.
• Employers must create a safe working environment, protect the health of employees, and pay salaries, bonuses, and other benefits to employees fully and on time.

The rights and obligations of employers

Rights of employers

1. Management and Supervision of Labor: Employers hold the right to recruit, place, and oversee their workforce. This includes establishing clear expectations, providing necessary training and resources, and implementing fair and consistent rewards and disciplinary actions.

2. Membership in Associations: Employers can join and participate in employer representative organizations, professional bodies, and other groups relevant to their industry. These associations offer valuable support through networking, knowledge sharing, and advocacy efforts.

3. Collective Agreement Negotiations: Employers have the right to negotiate and finalize collective labor agreements with employee representatives. This process allows for a collaborative approach to establishing fair wages, benefits, and working conditions.

4. Dispute Resolution: When conflicts arise, employers have the right to engage in fair and transparent resolution processes through dialogue, mediation, or other agreed-upon means.

5. Temporary Workplace Closures: In specific circumstances, such as emergencies or economic downturn, employers may temporarily close workplaces while adhering to legal regulations and communicating clearly with their workforce.

6. Additional Rights: Beyond these specific rights, employers hold various other privileges outlined in the 2019 Labor Code, including the right to unilaterally terminate labor contracts under certain conditions (Article 36) and to enjoy specific rights when engaging in labor subleasing (Article 56).

Obligations of employers

1. Contractual and Legal Compliance: Employers are responsible for fulfilling all labor contracts, collective agreements, and legal requirements related to labor relations. This includes adhering to minimum wage regulations, overtime restrictions, and paid leave policies.

2. Maintaining Labor Discipline: Employers must implement fair and consistent labor discipline policies that outline expectations, consequences for violations, and clear procedures for addressing misconduct.

3. Ensuring Workplace Safety and Health: Creating a safe and healthy working environment is a fundamental obligation for employers. This involves implementing occupational safety and hygiene regulations, providing adequate training and equipment, and addressing any risks or hazards promptly.

4. Timely Compensation and Benefits: Employers are obligated to pay salaries, bonuses, and other agreed-upon benefits accurately and on time. This includes ensuring proper deductions for taxes and social insurance contributions.

5. Promoting Professional Growth: To maintain a skilled and motivated workforce, employers have a responsibility to support employee training and development opportunities. This can include providing access to training programs, encouraging professional development activities, and recognizing achievements.

6. Respecting Labor Rights: Treating all employees with dignity and respect is essential. Employers must avoid discrimination, harassment, and unfair treatment, creating a positive and inclusive work environment.

Some other notes for employers

1. Record-Keeping and Compliance: Employers must maintain accurate records for payroll, taxes, and social insurance contributions to comply with legal requirements and ensure proper accounting practices.

2. Paid Leave and Vacation: Providing employees with paid leave and vacation time in accordance with legal requirements is an essential obligation. This allows for rest, recovery, and personal time, contributing to employee well-being and productivity.

3. Open Communication Channels: Fostering an open and transparent environment where employees can voice concerns, provide feedback, and feel heard is crucial for building trust and resolving issues effectively.

4. Positive and Inclusive Work Environment: Employers are responsible for creating a work environment where all employees feel valued, respected, and able to contribute their best work. This includes promoting diversity, inclusion, and equal opportunities for all.

5. Compliance with Labor Laws: Staying informed and compliant with all applicable labor laws is paramount for employers. This requires ongoing learning, seeking legal advice when necessary, and ensuring operational practices align with legal requirements.

6. Confidentiality of Employee Information: Employers are obligated to keep employee personal information confidential and secure. This includes handling sensitive data with care, limiting access to authorized individuals only, and respecting the privacy rights of employees.

By understanding and fulfilling their rights and obligations, employers can build strong workplaces, promote positive labor relations, and achieve sustainable business success. It’s essential to remember that compliance with labor laws and respect for employee rights are not just legal obligations but also ethical imperatives for responsible and successful businesses.

Additional resources:

• 2019 Labor Code of Vietnam: https://www.ilo.org/dyn/natlex/docs/WEBTEXT/38229/64933/E94VNM01.htm
• Ministry of Labour, Invalids and Social Affairs of Vietnam: https://english.molisa.gov.vn/

NT International Law Firm has addressed the question of the rights and obligations of employers are. If you have any further questions or concerns regarding labor, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

You also might be interested in: The 2019 Labor Code in English