Rights And Obligations Of Employees in 2023

In order to shed light on the rights and obligations of employees within the employer-employee relationship, NT International Law Firm aims to address the aforementioned matters in the subsequent sections.

Labor law is a crucial set of regulations that holds significance in numerous countries worldwide, including Vietnam. Its primary purpose is to safeguard the rights of employees and ensure fairness and equality in the realm of labor relations. This comprehensive body of law governs fundamental labor provisions such as working hours, wages, leave entitlements, health and safety measures, as well as the rights and responsibilities of both employees and employers. Moreover, labor law also encompasses aspects such as labor agreements, mechanisms for resolving labor disputes, the employment of young workers and individuals with disabilities, and various welfare schemes.

Rights And Obligations Of Employees

What are employess?

An employee, according to the Labor Code (Article 3, Clause 1), is a person who:

• Works for an employer under a formal agreement. This agreement outlines the terms and conditions of employment, including wages, benefits, and duties.
• Receives a salary for their work. Employees are entitled to fair compensation for their labor, as stipulated in their contracts and relevant labor regulations.
• Is subject to the management, administration, and supervision of the employer. This implies that employees must comply with lawful instructions and adhere to established workplace rules and regulations.

The rights and obligations of employees

The rights of employees

The Labor Code guarantees several fundamental rights to employees, including:

a) Freedom of Choice and Non-Discrimination:

• Choosing jobs, workplaces, and occupations: Employees have the right to pursue their desired career paths without undue restrictions.
• Vocational training and professional development: Employees can acquire new skills and enhance their qualifications through training programs offered by employers or by seeking independent training opportunities.
• Protection from discrimination: Discrimination based on gender, age, religion, ethnicity, marital status, or any other irrelevant factor is strictly prohibited.

b) Fair Compensation and Benefits:

• Salary commensurate with qualifications and skills: Employees deserve wages that reflect their abilities and experience. The Labor Code and relevant regulations establish minimum wage standards and guidelines for salary increases.
• Labor protection and safe working conditions: Employers have a legal obligation to provide safe working environments and necessary protective equipment to safeguard employee health and well-being.
• Leave according to regulations: Employees are entitled to paid leave for various reasons, such as sickness, vacation, and family emergencies.
• Social and health insurance: Employers are required to contribute to social and health insurance schemes, ensuring employees receive financial support for healthcare and retirement.

c) Representation and Participation:

• Establishing and joining employee representative organizations: These organizations advocate for employee rights and interests and serve as a channel for communication between employees and employers.
• Participating in dialogue and collective bargaining: Employees have the right to express their concerns and negotiate with employers regarding wages, working conditions, and other relevant matters.
• Consultations at the workplace: Employers must consider employee feedback and involve them in decision-making processes that affect their work.
• Participating in management: Depending on the organization’s structure and employee involvement policies, employees may have opportunities to participate in certain management activities.

d) Additional Rights:

• Right to refuse unsafe work: Employees can refuse to perform tasks that pose a clear and immediate threat to their life or health.
• Right to terminate the labor contract: Employees may terminate their employment contract under specific circumstances and in accordance with legal procedures.
• Right to strike: Under certain conditions, employees may engage in strike actions to protest unfair treatment or advocate for their rights.
• Right to access information: Employees have the right to access information related to their employment, including their contracts, salary records, and performance evaluations.

The obligations of employees

As with rights, employees also have specific obligations outlined in the Labor Code:

a) Contractual Compliance:

• Implementing the terms and conditions of their labor contracts.
• Complying with collective labor agreements and other legally binding agreements.

b) Labor Discipline:

• Complying with established labor rules and regulations.
• Observing the management, administration, and supervision of the employer.
• Maintaining a professional and respectful work ethic.

c) Legal Compliance:

• Complying with relevant laws and regulations governing labor, employment, social insurance, and other areas affecting the workplace.
• Participating in employer-organized training and educational programs on safety, health, and other relevant topics.

Some other notes

• Fair recruitment: The Labor Code prohibits discrimination in the recruitment process and requires employers to select candidates based on their qualifications and skills.
• Career development: Employers should offer opportunities for employees to develop their skills and advance their careers through training, mentorship, and other initiatives.
• Dispute resolution mechanisms: Effective mechanisms should be available for employees to raise concerns, file complaints, and seek resolution through fair and transparent procedures.
• Awareness and education: Both employers and employees should be aware of their respective rights and obligations under the Labor Code and other relevant regulations.

Conclusion:

Understanding and respecting the rights and obligations established by the Labor Code is crucial for maintaining a healthy and productive work environment. By ensuring fair treatment, providing opportunities for growth, and fostering open communication, both employers and employees can contribute to a positive and mutually beneficial workplace experience.

NT International Law Firm has addressed the question of the rights and obligations of employees 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