The State shall protect the rights to work and to self-employment of workers with disabilities and adopt appropriate incentive policies for employers to create jobs for and employ employees with disabilities in accordance with the Law on Persons with Disabilities. The number of persons of each party who will participate in collective bargaining shall be agreed upon by the parties. 1. 5. Article 134. 10/2012/QH13 ceases to be effective on the effective date of this Code. No wage, if the suspension is due to his/her fault; other employees in the same unit who also have to suspend working shall be paid wages at levels agreed upon by the two parties which, however, must not be lower than the minimum wage level; 3. Upon the expiration of the maternity leave period prescribed in Clause 1 of this Article, a female employee may take additional leave without pay if she so wishes after reaching agreement with the employer. To guarantee the right to equality of female employees and male employees, and implement measures to ensure gender equality and prevent and combat sexual harassment in the workplace, SEPARATE PROVISIONS FOR MINOR WORKERS AND, 4. To inform the employees of the contents of the labor leasing contracts; 3. 1. 1. 3. Employment & Labour Laws and Regulations China 2023 Pursuant to the Constitution of the Socialist Republic of Vietnam; The National Assembly promulgates the Labor Code. 1. Organizing and conducting scientific research on labor; making statistics of and providing information on labor and the labor market and on living standards and wage and income of employees; managing labor in terms of quantity, quality and changes. 3. In case a strike has been ruled by the court to be unlawful, employees going on strike shall immediately stop doing so and return to work, otherwise, they may be subject to labor disciplinary measures in accordance with the labor law, depending on the severity of their violations. Selected NJ State Labor Laws and Regulations 9. Labor Code No. Expiring collective labor agreements. Prohibition of unilateral actions pending the settlement of labor disputes. 6. Article 78. Article 64. An Employment Contract must provide for at least these minimum conditions but can set out additional requirements regarding termination processes that should be taken into account. In case the parties agree with the conciliation plan, the labor conciliator shall make a record of successful conciliation. The apprenticeship period must comply with training programs for each level as prescribed in the Law on Vocational Education. In case an enterprise has more than one grassroots-level employees representative organization that meet the requirement prescribed in Clause 1 of this Article, the organization having the largest number of employees has the right to request collective bargaining. 1. The grassroots-level employees representative organization shall decide on the time, place and method of holding discussions with and collecting opinions of employees which, however, must not affect the enterprises normal production and business activities. Termination Of Employment | Notice & Procedure | Employsure Guides From 2021, the retirement age of employees working under normal working conditions shall be full 60 years and 3 months, for male workers, or full 55 years and 4 months, for female workers; and then annually increase by 3 months for male workers or 4 months for female workers. 2. The employee is dismissed as a form of discipline. 3. 2. Officials can establish enterprises after being discharged from holding their positions within 1 - 2 years, Decree No. (2) If an employee who has been continuously employed for one . 3. 3. Reinstatement of employees upon expiration of the suspension period of labor contracts. 8. Prohibited acts of employers when entering into and performing labor contracts. Labor conciliators are persons appointed by chairpersons of provincial-level Peoples Committees to conciliate labor disputes and disputes over vocational training contracts, and to support the development of industrial relations. The employee may unilaterally terminate his/her labor contract provided he/she shall notify such termination to the employer: a/ At least 45 days in advance, if he/she works under an indefinite-term labor contract; b/ At least 30 days in advance, if he/she works under a labor contract with a term of between 12 months and 36 months; c/ At least 3 working days, if he/she works under a labor contract with a term of under 12 months; or. The Government shall detail Clause 1 of this Article; and prescribe the order, procedures and competence to decide on the expansion of the scope of application of collective labor agreements prescribed in Clause 1 of this Article. The parties to collective bargaining shall choose one or more than one of the following contents for the bargaining: 1. More than 12 hours before the starting time of a strike as stated in the strike decision. The permit holder performs work at variance with the contents of the granted work permit. In case of unsuccessful conciliation or the conciliation duration prescribed in Clause 2, Article 188 of this Code expires but the labor conciliator fails to conduct the conciliation or either of disputing parties fails to implement the agreement in the written record of successful conciliation, disputing parties may select one of the following methods for dispute settlement: a/ To request settlement by a labor arbitration council in accordance with Article 197 of this Code; b/ The employees representative organization may carry out the procedures prescribed in Articles 200 thru 202 of this Code for a strike. Common law is applied by the Industrial Court when determining the question of whether a contract of or a contract for service exists between a person and an employer. In case a foreman or similar intermediary fails to pay or fully pay wages and to guarantee other interests of employees, the employer who is the principal owner shall pay wages to, and guarantee the interests of, these employees. The National Wage Council is a body which advises the Government on minimum wage levels and wage policies toward employees. Article 149. 1. The order and procedures for conciliation of interest-based collective labor disputes must comply with Clauses 2 thru 5, Article 188 of this Code. To exercise other rights and perform other obligations in accordance with law. Within 7 working days after receiving a request for dispute settlement as prescribed in Clause 1 of this Article, a labor arbitration board must be established to settle the dispute. Order and procedures for settlement of right-based collective labor disputes. The employee may reach agreement with his/her employer on taking of annual leaves in installments or aggregate leaves of every 3 years at most. 2. Article 74. 4. The Ministry of Labor, Invalids and Social Affairs shall organize training courses to raise professional capacity of labor conciliators and arbitrators in labor dispute settlement. Article 45. Employee means a person who works for an employer as agreed upon between the two parties, is paid wage, and is managed, directed and supervised by the employer. I hear that labor costs may be lower in certain states. 2. Article 16. The collection of opinions must not affect normal production and business operations of the employer. Register here, Cadres - Civil Servants , Labor - Salary, Finance - Banking , Labor - Salary , Policy, Address: 1A Floor, IC Building, No.82, Duy Tan Street, Cau Giay District, Hanoi, Copyright 2000 - 2022 by LuatVietnam - Member of INCOM Communications.,JSC All Rights Reserved, License No. Article 68. Upon the expiration of the suspension period, the employer must reinstate the employee. Obligations of a domestic worker. 2. 5. Article 43. 4. When so requested, specialized agencies in charge of labor affairs under Peoples Committees shall act as a focal point in receiving requests for labor dispute settlement and be responsible for classifying labor disputes, and guiding, supporting and assisting parties in the process of labor dispute settlement. 1. 1. The State shall encourage the employment of elderly workers as suitable to their health conditions to guarantee their right to work and efficiently use human resources. In case the employee is subject to labor discipline, he/she is not required to refund the advanced wage amount. Article 114. The handling of a breach of labor discipline is prescribed as follows: a/ The employer can prove the fault of the employee; b/ The grassroots-level employees representative organization of which the concerned employee is a member must participate in handling the breach; c/ The employee must be present and may defend himself/herself or ask a lawyer or the employees representative organization to defend him/her; if the employee is under full 15 years old, he/she shall be accompanied by his/her at-law representative; d/ The handling of the breach shall be recorded in a minutes. An employer can be either establishment or factory, whereas, an employee can be either an employee or workman. By the starting time of a strike, if the employer still refuses to satisfy demands of employees, the employees representative organization may organize and lead the strike. 2. The employer shall specify in the internal working regulations cases in which, to meet production and business needs, it/he/she may temporarily assign the employee to perform a job other than that stated in the labor contract. A person who is authorized to enter into a labor contract may not further authorize another person to do so. To create favorable conditions for job creation, self-employment, and job training and learning activities in order to acquire employment, and for labor-intensive production and business activities; to apply a number of provisions of this Code to persons working without industrial relations. At least 5 working days before the starting date of a strike, the employees representative organization that organizes and leads the strike shall send a strike decision to the employer, district-level Peoples Committee and a specialized agency in charge of labor affairs under the provincial-level Peoples Committee. 3. Article 206. The probation period shall be agreed upon by the two parties based on the nature and complexity of the job(s) but probation shall be applied only once for each job, and is prescribed as follows: 1. 1. 1. In case disputing parties choose to settle their dispute through a labor arbitration council under this Article, the employees representative organization may not carry out procedures for a strike during the time the council settles the dispute. A person entering into a labor contract on the employers side may be: a/ An at-law representative of the enterprise or an authorized person as prescribed by law; b/ The head of an agency or organization having the legal person status as prescribed by law or an authorized person as prescribed by law; c/ A representative of a household, cooperative group or another organization without the legal person status or an authorized person as prescribed by law; or. During the performance of a labor contract, any party that wishes to modify the contracts contents shall notify at least 3 working days in advance to the other party of the contents to be modified. 2. In case the parties can reach an agreement, the labor conciliator shall make a record of successful conciliation. 3. Questions. A trike decision must have the following contents: a/ Results of the collection of opinions on a strike; b/ Starting time and location of the strike; dd/ Full name and contact address of the representative of the employees representative organization that organizes and leads the strike. 3. Writing off of disciplinary records, reduction of the duration of execution of labor discipline. 2. Modification of collective labor agreements. 4. The work permit of the employee being a foreign worker in Vietnam expires under Article 156 of this Code.
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