Rights and duties of employees

Rights and duties of employees

1. The employees are entitled to:

a) Work, independently select works, vocations, get vocational training and improvement without discrimination;

b) Receive salaries consistently with the vocational skills and grade on the basis of the agreement with the employer; receive work protection, work in safe and hygienic conditions; take official leave, paid annual leave and enjoy collective benefits;

c) Establish, join and participate in activities of the Union, professional organizations and other organizations as prescribed by law; request and participating in discussions with the employer, exercise the democratic regulation and get consultancy at workplaces in order to protect the lawful rights and interests; participate in the management under the regulations of the employer.

d) Unilaterally terminate the labor contract as prescribed by law;

đ) Be on strike.

2. The employees are responsible to:

a) Perform the labor contract and the collective labor agreement;

b) Observe the labor discipline, labor regulations and obey the lawful management of the employer;

c) Implement the law provisions on social insurance and law provisions on medical insurance.

Rights and obligations of employers

1. The employers are entitled to:

a) Employ, arrange and manage labor according to the demand for production and business; commend and discipline for violations of labor discipline;

b) Establish, join and participate in the activities of professional organizations and other organizations as prescribed by law;

c) Request the labor collective to discuss, negotiate and conclude the collective labor agreement; participate in settling labor disputes and strikes; discuss with the Union about the problem in labor relations, improve the material and mental life of the employees;

d) Temporarily shut down the workplace.

2. The employers are responsible to:

a) Perform the labor contract, collective labor agreement and other agreements with employees, respect the honor and dignity of employees;

b) Establish the mechanism and discuss with the labor collective at the enterprise and strictly observe the internal democratic regulations;

c) Make the labor management book, salary book and present them at the request from competent agencies;

d) Declare the employment within 30 days as from starting the operation, periodically make and send reports on the change in the labor status during the operation to local State labor management agencies;

dd) Implement the law provisions on social insurance and law provisions on medical insurance.

Labor relations

1. Labor relation between the employee or the labor collective with the employer is established through communication, negotiation and agreement in a voluntary, affable, equitable, cooperative manner, in which the lawful rights and interests are mutually respected.

2. The Union, the employer representative organizations shall join the State agencies in building the stable, progressive and harmonious labor relations, supervising the implementation of law provisions on labor; protecting the lawful rights and interests of employees and the employers.

Prohibited acts

1. Discrimination by sex, race, social class, marital status, belief, religion, discrimination against HIV sufferers, disabled people or against the reasons for establishing, joining and participate in the Union activities.

2. Maltreatment of employees, sexual harassment at workplaces.

3. Coercive labor.

4. Exploiting vocational training and apprenticeship to make profit, exploit labor or entice, coerce the vocational learners, apprentices into committing unlawful acts.

5. Using untrained employees or employees without national vocational certificates to do the jobs that required trained employees or employees with national vocational certificates

6. Deceitfully enticing and advertising in order to cheat employees or exploiting the employment services to contractually send employees abroad to commit unlawful acts.

7. Illegally using underage labor.


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