Clubs · Nov 15, 2024 · 3 min read
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Clubs · Nov 15, 2024 · 3 min read
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This article provides detailed information on the rights and duties of foreign workers in Vietnam according to legal regulations. Discover the protected rights, responsibilities to comply with, and related legal provisions to ensure fairness and legality in the workplace.
Vietnam, with its prime geographical location and growing economy, increasingly attracts a large number of foreign workers to work and settle. This significant increase not only benefits socio-economic development but also raises many issues about the rights and obligations of foreign workers. In this context, clearly defining their rights and responsibilities is not only necessary but also an important factor to ensure fairness, safety and sustainable development for both workers and the community. community where they come to work.
The rights and obligations of foreign workers are an important part of the Vietnamese labor law system. According to the Labor Law, foreign workers are guaranteed basic rights such as the right to fair wages, the right to work in a safe and healthy environment, as well as the right to enjoy full welfare benefits. similar to Vietnamese workers.
Specifically, Clause 1, Article 5 of the 2019 Labor Code stipulates as follows:
“Article 5: Rights and obligations of employees
1. Employees have the following rights:
a) Work; freedom to choose jobs, workplaces, occupations, vocational training, and improve professional qualifications; be free from discrimination, forced labor, and sexual harassment in the workplace;
b) Receive salary appropriate to qualifications and vocational skills on the basis of agreement with the employer; have labor protection, work in conditions that ensure occupational safety and hygiene; Leave according to the regime, paid annual leave and enjoy collective benefits;
c) Establish, join and operate in employee representative organizations, professional organizations and other organizations according to the provisions of law; request and participate in dialogue, implement democratic regulations, collective bargaining with employers and be consulted at the workplace to protect their legal and legitimate rights and interests; Participate in management according to the employer's internal regulations;
d) Refuse to work if there is a clear, direct threat to life and health during work performance;
d) Unilateral termination of the labor contract;
e) Strike;
g) Other rights as prescribed by law.”
Besides rights, foreign workers also have obligations to comply with Vietnamese laws and regulations, properly perform job duties, and contribute to the development of the company and local community in which they work. Working.
Specifically, Clause 2, Article 5 of the 2019 Labor Code stipulates as follows:
“Article 5: Rights and obligations of employees
2. Employees have the following obligations:
a) Implement labor contracts, collective labor agreements and other legal agreements;
b) Comply with labor discipline and labor regulations; comply with the management, administration and supervision of the employer;
c) Implement legal regulations on labor, employment, vocational education, social insurance, health insurance, unemployment insurance and occupational safety and hygiene.”
In the context of growing globalization, regulating the rights and obligations of foreign workers working in Vietnam is not only necessary but also an important step to ensure a fair labor environment. equitable, safe and sustainable development. Close cooperation between workers, businesses and authorities is a key factor to protect the rights and obligations of both parties. Only through the correct and effective implementation of these regulations can we create a professional, fair and developed working environment, thereby contributing to the common prosperity of the country and the community. social community.
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