1. What is an employer?

Pursuant to Clause 2, Article 3 of the Labor Code 2019, the employer is:

– Enterprises, agencies, organizations, cooperatives, households and individuals that hire or use employees to work for them as agreed;

– Individuals with full civil act capacity employ employees to work for them as agreed.

2. Employer’s Rights

Pursuant to Clause 1, Article 6 of the 2019 Labor Code, the employer has the following rights:

– Recruiting, arranging, managing, operating and supervising employees. For example, based on Clause 1, Article 11 of the Labor Code 2019, the employer has the right to directly or through a job service organization or labor outsourcing enterprise to recruit workers according to their needs. employer demand.

– Reward and handle violations of labor discipline. For example, based on Clause 1, Article 125 of the Labor Code 2021, the employer has the right to take disciplinary action against the employee when the employee commits theft, embezzlement, gambling, intentionally causing injury. Accumulation and use of drugs in the workplace

– Establish, join and operate in employer representative organizations, professional organizations and other organizations as prescribed by law. Currently in Vietnam, the most widely known organization representing employers is the Vietnam Chamber of Commerce and Industry;

– Requesting the employee representative organization to negotiate for the purpose of signing a collective labor agreement; participate in the settlement of labor disputes and strikes; dialogue and exchange with employee representative organizations on issues in labor relations, improvement of material and spiritual life of employees;

– Temporarily closing the workplace. Pursuant to Point b, Clause 3, Article 203 of the Labor Code 2019, the employer has the right to temporarily close the workplace during the strike due to ineligibility to maintain normal operations or to protect property. product

– Other rights as provided for by law. For example, based on Point c, Clause 1, Article 36 of the Labor Code 2019, the employer has the right to unilaterally terminate the labor contract due to natural disaster, fire, dangerous epidemic, enemy sabotage or relocation, to narrow down production and business at the request of a competent state agency, but the employer has sought all remedies but is still forced to reduce the workplace.

3. Obligations of the employer

Pursuant to Clause 2, Article 6 of the Labor Code 2019, the employer has the following obligations:

– Implementation of labor contracts, collective labor agreements and other legal agreements; respect the honor and dignity of employees;

– Establish a mechanism and conduct dialogue and exchange with employees and employee representative organizations; implement democratic regulations at the grassroots in the workplace;

– Training, retraining and fostering to improve professional qualifications and skills in order to maintain and change careers and jobs for employees;

– Comply with the provisions of the law on labor, employment, vocational education, social insurance, health insurance, unemployment insurance and occupational safety and hygiene; develop and implement solutions to prevent and combat sexual harassment in the workplace. For example, based on Clause a, Article 2 of the Law on Occupational Safety and Health 2015, the employer is obliged to pay occupational accident and occupational disease insurance for the employee.

– Participate in the development of national occupational skills standards, assessment and recognition of occupational skills for workers.

Above is the advice of Khoa Tin Law on “Employee’s rights and obligations”.

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Best regards./.