Job introduction organization according to current Vietnamese labor law

5 years 2001 - 2005" of the Department of Labor - Invalids and Social Affairs of Hanoi city...; in newspapers, magazines, websites... there are often articles evaluating the operation of the GTVL organization from many perspectives such as: " Discussing the capacity improvement and modernization of job introduction centers" by author Le Quang Trung, Department of Labor - Employment published in Labor Market News No. 6/2005; article " 15 years of job introduction activities and directions for innovation in the coming period" by author Nguyen Dai Dong, Department of Labor - Employment; article " The role of job introduction centers with unemployment insurance regime" by author Le Quang Trung, Deputy Director of Department of Labor - Employment published in Labor and Social Affairs magazine, No. 313, from June 16-30, 2007...

Reports and articles related to the activities of the GTVL organization are mainly from the socio-economic perspective through specific activities of the GTVL centers such as: consulting, GTVL, labor supply and labor market information, but up to now there has been no in-depth research on the organization and activities of the GTVL organization from the legal and socio-economic perspectives.

3. Purpose, tasks and scope of the research topic

The thesis aims to clarify the theoretical basis and practical application of labor law regulations on the organization of public employees, thereby proposing solutions to improve the provisions of labor law on the organization of public employees in Vietnam today.

The thesis aims to clarify theoretical issues on the organization and operation of public service organizations; the current situation and practical application of legal regulations on the operation of public service organizations; requirements and solutions to improve current legal regulations on public service organizations.

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- Discuss theoretical and practical issues on the organization and operation of current GTVL organizations in Vietnam,

- Analyze the current situation and evaluate the implementation of labor law regulations on the organization and operation of current GTVL organizations in Vietnam.

- Based on the above research issues, solutions are proposed to improve the legal system on the organization of public services in our country today.

The thesis focuses on studying the current situation of the operation of the GTVL organization according to Vietnamese labor law nationwide, especially in recent years.

4. Theoretical basis and research methods

Theoretical basis : The thesis is based on the theoretical basis of Marxism - Leninism, Ho Chi Minh thought and the viewpoints and guidelines of the Party, legal documents of the State on the organization and operation of mass organizations as well as other related issues.

Research method : Based on the methodology of Marxism - Leninism, the thesis uses a synthesis of specialized and interdisciplinary scientific methods, in which the methods of analysis, synthesis, comparison, statistics, survey and practical summary are important.

5. New contributions of the thesis

- This is the first thesis researching "Job introduction organization according to current Vietnamese labor law".

- With the research results of the thesis, the author hopes to contribute to raising awareness of public service activities, raising the sense of responsibility of legal entities in developing and implementing legal regulations on public service organizations.

- Initially, the thesis puts forward requirements and proposes a number of solutions to improve the provisions of labor law on the organization of public employees in Vietnam today.

- The thesis can be used as a reference for research and teaching issues related to the major of Labor Law in universities, colleges and vocational high schools.

6. Structure of the thesis

In addition to the introduction, conclusion, and list of references, the thesis consists of three chapters.

Chapter 1 : Basic legal issues on employment and job placement organizations.

Chapter 2 : Labor law regulations on job placement organizations - Current status of application

Chapter 3 : Solutions to improve the operational efficiency of job placement organizations in Vietnam today.

Chapter 1

BASIC LEGAL ISSUES ON EMPLOYMENT AND EMPLOYMENT PLACEMENT ORGANIZATIONS

1.1. GENERAL OVERVIEW OF THE JOB

1.1.1. Concept of work

Labor and employment is one of the global social issues, a major concern of many countries in the world.

Employment is a synthetic category that links economic, social and demographic processes, it belongs to the main issues of the whole social life, employment is a very abstract concept. Because employment is considered one of the vital issues of the whole society, it does not simply mean having work to do, but employment is also understood from many different perspectives such as: economic, social, political, legal as well as having to meet the requirements set out to be considered employment.

Based on the socio-economic characteristics of each country, depending on different approaches, but must be consistent with the general criteria in the ILO's concept of employment, countries including Vietnam have put forward different concepts of employment.

1.1.1.1. Concepts of employment in countries around the world

Employment is a very sensitive socio-economic issue, job security is one of the basic factors to ensure the development and sustainability of each country. To effectively solve issues related to employment, the first thing is that countries must come up with the concept of employment, as well as clearly distinguish the concept of employment from the concept of labor. Although these two concepts always go hand in hand, and between them

have a dialectical relationship with each other, but they are not identical.

Labor is a human activity that takes place between man and nature. As C. Marx said: "Labor is first of all a process between man and nature, a process in which man, through his own actions, mediates, regulates and controls the metabolism between himself and nature. Labor is the first and main condition for human existence" [28, p. 193].

Nowadays, the concept of labor has been expanded. Labor is a purposeful, useful human activity that impacts the natural and social world to bring material and spiritual wealth to oneself and to society.

Any society that wants to exist and develop must constantly develop production. This means that labor is indispensable, labor is the origin and driving force of social development. Therefore, the more civilized a society is, the more progressive the nature, form and method of organizing labor will be.

The concept of employment only appeared when labor became a creative need, a cultural lifestyle of people, and work at this time was not only a matter of making a living but also a condition for perfecting and developing human personality.

In the world, the concept of employment is mainly mentioned in publications and research works of individuals or groups of individuals.

According to Jean Mute, advisor to the ILO Office (Geneva): "Employment may be defined as a situation in which remuneration in cash or in kind is paid in return for an active, personal and direct participation in production effort".

According to Guy Han-te, an expert at the London Overseas Development Institute: "Employment in the broad sense is all economic activities of a society, meaning

is everything that is related to the way people earn their living, including the social relations and standards of behavior that form the framework of the economic process".

To understand more clearly and deeply the concept of labor and employment as the subject of issues related to labor and employment, we must not only stop at the general concepts of labor and employment as above, but also learn related concepts such as: Labor force; employed people; unemployment.

To clarify the above conceptual system, ILO has proposed the concept of labor force and described it with the most general diagram as follows:

Structure of the labor force [37, p. 39]

Working age population (A)

E: Employed people U: Unemployed people

N: People who do not participate in economic activities

Employed (B)

- Actively looking for work

- Ready to find a job

Labor force

No job

(C)

Want to work

Don't want to work

Not actively looking for work

Not in the labor force

According to the above diagram, ILO has proposed the following concepts:

- The labor force is a part of the population within the prescribed age (depending on the economic and political characteristics of each country) who actually participate in labor and those who are unemployed but actively looking for work.

Basically, the above concept of labor force is unified in many countries and is also the official concept given by ILO. The difference in each country is mainly the prescribed age, here there are two differences. The first difference is the regulation of the minimum age limit. For example, in Egypt, the minimum age is

6 years old; Brazil is 10 years old, Australia is 15 years old, in the US is 16 years old, most countries regulate this age from 14 or 15 years old. The second difference is the regulation on the maximum age limit of the labor force. In some industrial countries such as Denmark, Switzerland, Norway, Finland, the maximum age is 74. And some developing countries such as Egypt, Malaysia, Mexico regulate it is 65 years old. However, currently in many countries and even the ILO has not regulated the maximum age limit and left it open at this age [37].

- An employed person is someone who does something for pay, profit or in kind, or someone who engages in self-employment activities for profit or family income without receiving pay or in kind.

The above concept of employment was officially introduced at the 13th International Conference of Labour Statisticians ILO in 1983 and is applied in many countries.

- Underemployed people are people of working age who are employed but work less than the prescribed standard and they want to work more. In contrast to the concept of underemployed people, the concept of

The concept of a fully employed person is one who works no less than the standard hours or less than the standard hours but has no need to work overtime.

- Regarding the concept of unemployment, ILO gives the definition: "Unemployment is people of working age, capable of working but without a job, actively looking for work or waiting to return to work".

To clearly identify unemployed people, ILO has set out criteria for a certain period of time; unemployed people are the following:

+ No job

+ Ability to work

+ Actively looking for work.

Long-term unemployment is understood to be from 12 months/year; short-term unemployment is less than 12 months/year.

The ILO's unified understanding of the above concepts will create a basis for setting basic standards to identify, compile statistics, and evaluate the current situation of labor, employment, and unemployment in each country in the world. Based on these concepts, countries around the world have had different approaches to the concept of employment.

In India, they rely on the normal working hours prescribed in legal documents as a basis for assessing whether a person is employed or not. They also stipulate: Those who do not work an hour in a week during the investigation period will be classified as unemployed; those who work less than the prescribed number of hours are considered underemployed. In Chile, they rely on income criteria to define employment. Specifically: if during the investigation period the subject has absolutely no income, he is considered unemployed, if the income is lower than the minimum wage of society, he is considered underemployed. China has also defined

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