Guarantee Through Regulation of Reasonable Working Time and Rest

The original salary is when : Marriage, parents (husband's and wife 's side )

wife, husband, children died . Laborer

g lao don

other than​​​

g ok

Lao Don

do work​

reader

two years old

is 14 days, 16 days for humans

do particularly hazardous work, hard work

(Article 111 of the Labor Code)

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are considered solutions to help limit labor exploitation and ensure workers' rights in accordance with socio-economic development.

The law stipulates in detail as above, however, in practice it is very difficult for migrant workers. Typically, workers working in foreign-invested enterprises have working hours much longer than the regulations. Many enterprises violate labor laws on working hours and rest time, cases of overtime, overtime and violations of labor laws on working hours, rest time in enterprises mainly occur with workers directly involved in production, manual or simple labor.

Reality shows that most workers in foreign-invested enterprises have to work overtime compared to the regulations of the Labor Code. Cases of having to work overtime, overtime, violations of the law on working time and rest in enterprises mainly occur with direct production workers, female workers, and manual workers. The rate of workers having to work overtime, extra shifts is highest in enterprises with investment capital from Korea, Taiwan, and Singapore. There are some enterprises where workers have to work 12-16 hours/day, exceeding the overtime working time by 500-600 hours/year without the agreement of the workers. In addition, the situation of working a lot, eating poorly, many workers are gambling with their health and lives. Survey data from the Department of Employment shows that the group of workers migrating to urban areas and industrial zones has an average working hours/week of 57.8 hours. “ In the context of economic difficulties, with low wages, workers are forced to “voluntarily” work overtime and increase the number of hours.

work to earn more income. Long working hours and poor living conditions seriously affect workers' health" [18]. Many businesses also cut costs, including cutting costs for workers' meals. Migrant workers in general, especially freelance workers and workers working in industrial zones, will often face health risks and working conditions.

2.3.3. Ensure safe and hygienic working conditions

Third, workers have the right to work in safe and hygienic conditions to ensure their health, life, dignity... when participating in labor relations.

In all production activities, means of labor and working environment are factors that directly affect workers, whether beneficial or detrimental. With the goal of protecting workers from the effects of harmful and dangerous factors and creating favorable working conditions to ensure workers' health, improve productivity and product quality, contributing to promoting the overall development of the country, ensuring occupational safety and hygiene is a major socio-economic policy of the Party and State, an important part, an inseparable part of the socio-economic development strategy of our country. The content of occupational safety and hygiene is to protect health, improve working conditions, prevent accidents and occupational diseases for workers. Implementing occupational safety and hygiene well to ensure the health and life of workers, contributes significantly to the development of production and social life. Ensuring occupational safety and hygiene includes:

First, ensure standards of labor safety and hygiene.

Ensuring occupational safety and hygiene is a common responsibility of organizations and individuals when hiring workers to create and ensure a safe working environment.

safe work for workers. Employers are responsible for complying with occupational safety and hygiene requirements throughout the entire production process such as construction and renovation of facilities, use and transportation of machinery that must ensure occupational safety and hygiene standards. Ensure that the workplace meets standards to avoid the risk of occupational accidents and prevent occupational diseases for workers.

Clause 2, Article 140 of the 2012 Labor Code stipulates: “Employees have the right to refuse work and leave the workplace; Trade unions also have the right to suspend production if they clearly see risks that do not ensure the safety of workers' lives and health” [2].

In addition to being guaranteed safe and hygienic working conditions, workers are also equipped with personal protective equipment to use when working in conditions with hazardous and toxic factors (Article 149 of the Labor Code).

Second, examine and take care of workers' health and arrange jobs suitable for workers' health.

Before recruiting workers, workers must have a health certificate to work. This is a condition and a basis for employers to assign work to workers. In particular, there are regulations on health care for workers, periodic health check-ups, health check-ups to detect occupational diseases early, and health assessments for workers who have occupational accidents or diseases.

Third, organize occupational safety and hygiene training for workers. Organize first aid, treatment, and subsidies for workers who have occupational accidents and diseases.

Work accidents cause great loss of life and property as well as mental loss that is difficult to compensate for for many families and society.

society, and at the same time affect the health and life of the community. Once ensuring occupational safety and hygiene becomes a regular activity, programs to solve occupational safety and hygiene problems will achieve the expected results and actively contribute to protecting and caring for the health of workers as well as the development of society.

In fact, ensuring health rights through occupational safety and hygiene regulations for migrant workers has not yet received much attention. Currently, many units and businesses still take occupational safety and hygiene lightly, not really seeing the benefits and importance of ensuring occupational safety and hygiene. It is a sad reality that many units carry out occupational safety and hygiene in a perfunctory manner, although having equipment but not training, not assigning people to perform or not assigning specific responsibilities, causing this work to be left unfinished.

In addition, for the majority of migrant workers, especially the self-employed, this right is still very limited, partly because these regulations only regulate and apply to workers working in organizations and businesses that have signed labor contracts.

Research results from the project “The situation of labor migration from rural to urban areas and industrial zones in the context of Vietnam's accession to the WTO” also show that 66.1% of migrant workers do not have technical expertise, the university graduation rate is 6.5%. This brings risks to migrant workers as their jobs are often toxic, dangerous and unstable. Most worryingly, up to 30.5% of migrant workers do jobs that are characterized by noise pollution and dust; 14.1% do toxic jobs; 10.4% do dangerous jobs.[25]

With the psychological pressure of increasing income, migrant workers have to

accept to do hard, toxic, dangerous jobs with long working hours. And their nutrition is not guaranteed. This is a potential risk to reduce, even destroy the health of migrant workers. Although health is an extremely important issue and is aimed at by the whole society, for migrant workers, this is a huge disadvantage. Because access to and use of basic social services such as health and education are very far away, health programs and health care services often rarely mention immigrants, even ignore migrant workers due to their unofficial legal status in the immigration area.

2.4 . GUARANTEE FREEDOM OF TRADE UNION

Freedom of association is a fundamental right of workers. This right is one of the factors that reflect democracy and the development of a country. In other words, democracy and sustainable economic development of a country will not exist if a part of the population is deprived of the right to form organizations to protect their rights and interests.

The State recognizes the freedom of trade union of workers and at the same time the State is also the one who guarantees the freedom of trade union to be implemented in practice. The nature of ensuring freedom of trade union is to ensure the organization and activities of trade unions. Specifically demonstrated through the following measures:

First, recognize the right to freedom of association in the constitution, laws and implementing documents.

The right to freedom of association is one of the basic and important rights of workers, a constitutional right and specified in laws and sub-law documents, including the 1957 Trade Union Law, the 1990 Trade Union Law and the 2012 Trade Union Law.

Article 1 of the Trade Union Law 2012 stipulates:

Trade unions are large political and social organizations of the working class.

workers' and laborers' organizations, established on a voluntary basis, are members of the political system of Vietnamese society, under the leadership of the Communist Party of Vietnam..[15]

Article 3 of the Trade Union Law 2012 stipulates:

1. Trade union rights are the rights of employees, trade union members and trade union organizations to establish, join and operate trade unions in accordance with the provisions of law and regulations of competent authorities[15].

According to the law, all workers can join a trade union without being bound by conditions of age, gender, occupation, etc. Labor law stipulates that trade unions are allowed to participate in many areas related to the rights and interests of workers. Specifically, trade unions have the right to represent the labor collective in negotiating and signing collective labor agreements, representing workers and labor collectives in resolving labor disputes. In addition, trade unions also have the right to participate in other areas such as developing labor regulations, salary and bonus regulations; being consulted before dismissing workers, etc.

Second, prescribe prohibited acts for relevant entities so as not to harm workers' freedom of association.

Article 190 of the 2012 Labor Code stipulates:

Prohibited acts for employers related to the establishment, joining and operation of trade unions

1. Obstructing or causing difficulties for workers in establishing, joining and operating trade unions.

2. Forcing workers to form or join trade unions.

3. Require employees not to join or leave the organization