The rights of employees under Labor Code

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The Labor Code 2012 of Vietnam, which is the prescribed law in the territory of Vietnam, specifies the rights, obligations and responsibilities of the employers and the employees. This Code is applicable to the following:

  1. The Vietnamese employees, apprentices, interns and other employees
  2. The employers
  3. Foreign employees working in Vietnam
  4. Other individuals, agencies and organizations directly related to the labor relation.

The employer and employee have to enter into a labor contract for the work which is the agreement regarding the work conditions, rights and obligations of each party.

The labor contract should be entered voluntarily by the parties and without violating the law. The labor contract should be concluded directly and in writing and two copies should be prepared, one for each party.

In the labor contract the information about the work, work location, work conditions, working hours, break time, labor safety, salary, method of salary payment, insurance, etc.  The employee should provide complete and true details (full name, gender, residence, educational background, vocational skills, etc.

The employer cannot keep the originals of the identity papers, certificates and qualifications of the employee. Further the employer cannot demand cash or property for the labor contract performance.