Rights and obligations of employees

1. Workers’ Rights
1.1. The right to work, to learn a profession and to have honor and dignity protected at work
Pursuant to Point a, Clause 1, Article 5 of the 2019 Labor Code, employees have the right to work; freedom to choose jobs, workplaces, occupations, vocational training, and professional improvement; free from discrimination, forced labor, or sexual harassment in the workplace.
In there:
– Pursuant to Article 10 of the Labor Code 2019, the employee’s right to work, freedom to choose a job, place of work, and occupation is prescribed as the right of an employee to freely choose a job or work. employment for any employer and in any place not prohibited by law. At the same time, employees also have the right to contact the employer directly or through an employment service organization to search for a job according to their aspirations, abilities, professional qualifications and health.
– Pursuant to Clause 1, Article 59 of the Labor Code 2019, the right to learn a job and improve the professional level of an employee is defined as the right to freely choose vocational training, participate in the assessment and recognition of skills. national vocational skills, develop professional capacity in accordance with their employment needs and abilities.
– Pursuant to Clause 8, Article 3 of the Labor Code 2019, Labor discrimination is an act of discrimination, exclusion or preference based on race, color, national origin or social origin, ethnic race, sex, age, maternity status, marital status, religion, creed, political beliefs, disability, family responsibilities, or on the basis of HIV status or because of establishment, family unions and activities of workers’ unions and organizations at enterprises have an impact on equality in employment or career opportunities. Discrimination, exclusion or preference stemming from the specific requirements of the job and the acts of maintaining and protecting jobs for vulnerable workers are not considered discriminatory.
– Pursuant to Clause 7, Article 3 of the Labor Code 2019, forced labor is the use of force, threat of force or other tricks to force employees to work against their will.
– Pursuant to Clause 9, Article 3 of the Labor Code 2019, sexual harassment at work is an act of a sexual nature by any person towards another person at the workplace that is not desired by that person or accept. A workplace is any place where an employee actually works as agreed or assigned by the employer.
1.2. Rights regarding wages, benefits and working conditions
Pursuant to Point b, Clause 1, Article 5 of the 2019 Labor Code, employees have the right to receive a salary suitable to their qualifications and skills on the basis of an agreement with the employer; have labor protection, work in conditions that ensure occupational safety and hygiene; leave according to the regime, take annual leave with salary and enjoy collective benefits.
In there:
– Regarding wages, the law stipulates that employees can freely negotiate working wages with employees, not limiting the ceiling but only limited to the minimum floor (minimum wage).
– Regarding working conditions, the law also has specific provisions on the working conditions of employees. For example, according to Points c, d, Clause 6 of the Law on Occupational Safety and Health 2015, employees are entitled to the regime of labor protection, health care, occupational disease examination and detection, and request the employer to arrange suitable work after stable treatment due to occupational accident or occupational disease.
– Regarding welfare, the law also stipulates specific rights on welfare for employees. For example, according to Clause 1, Article 113 of the Labor Code 2019, an employee who has worked for full 12 months for an employer is entitled to an annual leave with full salary of 12 days for those who do the job in poor conditions. normal.
1.3. Right of meeting and dialogue
Pursuant to Point c, Clause 1, Article 5 of the Labor Code 2019, employees have the right to establish, join and operate in employee representative organizations, professional organizations and other organizations in accordance with law. ; request and participate in dialogues, implement democratic regulations, bargain collectively with employers and be consulted at the workplace to protect their legitimate rights and interests; participate in management according to the rules of the employer.
1.4. About refusing to work
Pursuant to Point d, Clause 1, Article 5 of the Labor Code 2019, an employee has the right to refuse to work if there is a clear and direct threat to life and health in the course of performing the job.
1.5. Regarding unilateral termination of the labor contract
Pursuant to Point dd, Clause 1, Article 5 of the 2019 Labor Code, the employee has the right to unilaterally terminate. This right is specified in Article 35 of the Labor Code 2019, for example, an employee will have the right to unilaterally terminate a labor contract with a term of less than 12 months if notifying the employer at least in advance. 03 working days.
1.6. Right to strike
Pursuant to Point e, Clause 1, Article 5 of the 2019 Labor Code, employees have the right to strike. Specifically, according to Article 199 of the Labor Code 2019, the representative organization of employees has the right to carry out the strike procedure when the Labor Arbitration Board is not established or established but does not issue a decision to settle the dispute or the employer who is the disputing party fails to implement the dispute settlement decision of the Labor Arbitration Board.
1.7. Other rights under the law
Pursuant to Point f, Clause 1, Article 5 of the 2019 Labor Code, employees also have other rights as prescribed by law. For example, according to Clause 1, Article 47 of the Labor Code 2019, an employee will be entitled to a job loss allowance when he or she is terminated by the employer in the event of a change in structure, technology or other reasons. economy.

2. Obligations of employees
Pursuant to Clause 2, Article 5 of the 2019 Labor Code, employees have the following obligations:
– Implementation of labor contracts, collective labor agreements and other legal agreements;
Obey labor discipline and labor regulations; comply with the management, administration and supervision of the employer;
– Comply with the provisions of the law on labor, employment, vocational education, social insurance, health insurance, unemployment insurance and occupational safety and hygiene. For example, according to Clause 1, Article 85 of the Labor Code 2019, an employee working under an indefinite term contract will be obliged to contribute 8% of his/her monthly salary to the survivorship fund.
Above is the advice of Khoa Tin Law on “How should enterprises develop labor rules in accordance with the law”