Labor regulations according to Vietnamese law

company... Only then will employees be aware of strictly implementing the provisions of the labor regulations.

In addition, it is necessary to further improve the understanding of labor law for employers, especially the regulations on labor regulations. Employers need to clearly understand the provisions of labor law in general and the provisions of the law on labor regulations in particular in order to establish and maintain order and discipline in the unit in a sustainable manner. However, in reality in Vietnam, employers still pay little attention to or even disregard labor law. Therefore, propaganda to raise legal awareness and legal knowledge on labor regulations for employers is really necessary. State labor management agencies need to proactively create conditions to organize training courses, study and test legal knowledge, and issue certificates of labor law understanding to business leaders such as directors, union presidents, etc. At the same time, there must be corresponding sanctions if employers do not comply. Furthermore, one of the measures that is close to daily life is that the competent authorities seek to coordinate with information agencies, through radio, television, and newspapers to guide and answer questions about labor laws, especially the Labor and Society newspaper, the Trade Union newspaper, the Laborer newspaper, etc. Only then will the application of legal regulations on labor regulations be effective.

Second , strengthen state management of labor and handle violations of labor regulations; organize training and foster to improve the qualifications and capacity of specialized officials.

Currently, violations of labor laws in general and laws on labor regulations in particular occur quite commonly in enterprises, especially non-state enterprises. The abuse of management rights by employees

The use of labor has a significant impact on the legitimate rights of workers. Therefore, it is necessary to regularly strengthen inspection, examination, supervision and timely handling of violations of labor laws in general and labor regulations in particular.

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To carry out this work, first of all, the competent labor management agency needs to review, compile statistics, and evaluate the issuance of labor regulations and registration of labor regulations by labor-using units, thereby drawing experiences to guide, urge, and remind units to issue labor regulations and register labor regulations at competent state agencies in accordance with the provisions of law. In addition, the Departments of Labor, War Invalids and Social Affairs need to establish teams of experienced inspectors with professional expertise to regularly inspect labor-using units, especially foreign-invested enterprises, promptly resolve problems, avoid disagreements between parties in labor relations, correctly detect violations of the law, then report to the Ministry of Labor, War Invalids and Social Affairs to promptly have plans to direct and adjust in accordance with reality such as: administrative sanctions, even if serious, the operation of enterprises that intentionally violate discipline can be suspended.

On the other hand, a current reality is that the competent State agencies registering labor regulations have not been serious in performing their obligations. Activities in the field of inspection are still loose and have not really been effective. Therefore, a problem is that ministries, inter-sectoral agencies and the State need to have measures and sanctions to promptly handle violations from competent State agencies. This is a rather sensitive issue, but only then can the sense of responsibility of these functional agencies be raised, ensuring the effectiveness of State management activities on labor.

In addition, the State needs to focus on training and fostering specialized cadres. To do this, the State needs to regularly organize training courses and foster qualifications for cadres performing the work of registering labor regulations; organize competitions to learn about the content of labor law in general and the law on labor regulations in particular; reward cadres who have excellently completed their tasks;... Only then can there be specialized cadres who are both talented and virtuous, ensuring that the application of the law on labor regulations in practice is strict and in accordance with regulations.

Third , it is necessary to enhance the role and effectiveness of collective labor representative organizations in enterprises in general and in the development and promulgation of labor regulations in particular.

In fact, in recent years, although the development of grassroots trade unions has received attention, many enterprises have not yet established grassroots trade unions. Therefore, it is necessary to further strengthen the work of building and organizing trade unions in enterprises. Once a trade union has been established, enhancing the role and effectiveness of the organization is a necessary activity. Although the trade union does not directly issue labor regulations, when issuing labor regulations, the employer must consult the trade union. Thus, the trade union plays a really important role for employees in building and issuing labor regulations. And to truly promote its role, grassroots trade unions need to focus on implementing a number of basic tasks such as: creating conditions for training employees who have both professional knowledge and knowledge of labor law, and have the political will to participate in the fight for the interests of employees; Develop capacity for each union member, regularly innovate methods and content of activities to suit the new situation; move towards building a team of specialized union officials to be able to proactively and independently stand up to protect rights.

legitimate rights of workers against violations by employers... On the other hand, during the operation, the trade union organization must regularly organize periodic trade union activities, disseminate issues related to labor relations so that workers know, and at the same time closely follow the production process in the enterprise to promptly resolve disagreements and conflicts that may lead to disputes or strikes between workers and employers.

Thus, it can be said that in order to further improve the effectiveness of the application of the law on labor regulations and strictly comply with labor regulations, the organization representing the collective of laborers must truly be a solid support for workers in all aspects of the labor production process. Only then can workers feel secure in strictly complying with the provisions of labor regulations, and at the same time, order and discipline in the enterprise will be established, maintained and developed.

CONCLUSION OF CHAPTER 3

1. The current implementation of the law on labor regulations shows that, basically, employers and employees have been aware of complying with the provisions of the law on labor regulations; provincial labor agencies have been flexible in applying the law on labor regulations. However, the implementation of the law on labor regulations by employers is not thorough, but is still perfunctory; violations and disregard for labor regulations by employees still exist and violations by competent state agencies in applying the law on labor regulations still occur frequently. This shows low efficiency in implementing and applying the law on labor regulations.

2. To perfect the law on labor regulations, it is necessary to first immediately overcome the unreasonable points of current law, ensuring feasibility.

to ensure the employer's right to manage labor. Along with ensuring the employer's right to manage labor, the law must also ensure harmony between the rights and interests of employees, avoiding legal conflicts in ensuring the rights and interests of two important entities in labor relations. In addition, the completion of the law on labor regulations must ensure the requirements of conformity with the Party and State's guidelines and policies; ensure comprehensiveness, unity, and synchronization with the completion of labor law; be consistent with the current market economy mechanism and in line with the trend of international law.

3. The State needs to promptly issue documents guiding the provisions of the 2012 Labor Code on labor regulations. Regarding the amendment and supplementation of the provisions of the law on labor regulations, it is necessary to amend and supplement the following issues: the scope of the subjects issuing and registering labor regulations; the main contents of labor regulations; procedures for consulting with organizations representing the collective of employees; supplementing the procedures for approving labor regulations; supplementing the procedures for re-registering labor regulations; procedures for publicizing and disseminating labor regulations to employees and supplementing regulations on sanctions for violations in the process of applying the law on labor regulations by competent state agencies.

4. Along with perfecting the legal provisions on labor regulations, it is necessary to synchronously carry out the work of organizing the implementation of the law: promoting the improvement and fostering of legal knowledge on labor regulations for employers, employees, specialized officials, and trade union officials; strengthening state management of labor and handling violations of the law on labor regulations and enhancing the role and effectiveness of the organization representing the collective of laborers in developing and promulgating labor regulations.

CONCLUDE

Labor regulations are one of the basic and indispensable contents in the labor management process of employers. No employer can deny the important role of labor regulations in establishing and maintaining order and discipline in the enterprise. Labor regulations are the most effective means for employers to effectively exercise their labor management rights in practice, ensuring the existence and sustainable development of labor relations.

With the topic "Labor regulations according to Vietnamese law" , the thesis has clarified theoretical issues and the current status of regulations of Vietnamese labor law, thereby proposing amendments and supplements to regulations on labor regulations in the current period. Thereby, the thesis draws the following conclusions:

1. Labor regulations are documents containing rules of conduct set by employers based on the provisions of labor law and related laws, aiming to regulate the relationship between employees and employers in the labor process. Labor regulations are not only the clearest means of expressing the employer's right to manage labor, having great significance for employees, but also playing an important role for the State and society. This is an important legal basis to harmonize the relationship between employees and employers, and at the same time demonstrate the State's management in the labor field in general and labor law on labor regulations in particular. The law on labor regulations includes the following contents: subjects and scope of promulgation of labor regulations; content of labor regulations; principles and procedures for promulgation of labor regulations; validity of labor regulations.

2. Compared to before, current Vietnamese labor law has more progressive provisions, overcoming some existing shortcomings in the law.

old labor. Current labor law regulates labor regulations in the direction of ensuring the employer's right to manage labor while ensuring state management in the labor field and harmonizing the interests of the parties in labor relations. Besides the progressive and positive points, the law on labor regulations cannot avoid shortcomings. These shortcomings, although at different levels, are reflected in most of the provisions on labor regulations, from the scope of promulgation of labor regulations, the main content of labor regulations to the procedures for registering labor regulations, the validity of labor regulations. That is the lack of specificity, detail, and strictness in some terms; is the existence of entanglements in the order and procedures for developing, promulgating and registering labor regulations, etc. In addition, along with the development of the socio-economic situation as well as the movement of social relations, especially labor relations, some regulations on labor regulations have become inappropriate. Labor laws seem to be over-expanding the rights of employers in developing and promulgating labor regulations, leading to blatant violations of the rights and legitimate interests of employees.

3. This situation raises the issue of the need to improve the law on labor regulations on the basis of ensuring the requirements of theory and practice. That is, it is necessary to immediately overcome the unreasonable points of the current law, promptly issue documents guiding the provisions of the Labor Code 2012 on labor regulations. Regarding the amendment and supplementation of the provisions of the law on labor regulations, it is necessary to amend and supplement the following issues: expanding the scope of the subjects issuing and registering labor regulations; supplementing the main content of labor regulations; more specific regulations on the procedure for consulting the opinions of the organization representing the collective of employees in the development and promulgation of labor regulations; supplementing the procedure for issuing a notice of approval of labor regulations.

of competent state agencies; supplement regulations on procedures for re-registration of labor regulations; specify regulations on procedures for notification and posting of labor regulations to employees; specify and supplement sanctions for violations of the law on labor regulations. Along with the work of perfecting legal regulations, the State also needs to improve the effectiveness of the organization and implementation of the law on labor regulations. Only then will the law on labor regulations be truly implemented in practice.

Labor regulations according to Vietnamese law - 13

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