Labor regulations according to Vietnamese law

Contribute to improving and renewing theoretical and practical issues on labor regulations.

3. Purpose and research tasks of the thesis

The purpose of the thesis is to comprehensively, deeply and systematically study a number of theoretical issues on labor regulations. Based on the theoretical viewpoints studied, the thesis focuses on analyzing the current legal status on labor regulations according to the provisions of the 2012 Labor Code and its implementing documents. Through assessing the shortcomings of current laws, the thesis proposes to amend and supplement a number of regulations on labor regulations in Vietnam in a direction that is suitable for the development of the labor market in the context of deep and wide integration with the international and regional as at present.

From the above stated purpose, the thesis focuses on the main tasks:

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Firstly, the study clarifies some theoretical issues on labor regulations.

labor and labor law.

Second, analyze and evaluate the current status of Vietnamese legal regulations on labor regulations based on comparison with labor law regulations in previous periods, current legal regulations of relevant laws in Vietnam and international labor law.

Third, analyze and evaluate the practical implementation of the law on labor regulations in Vietnam, draw conclusions on the results achieved, remaining problems and shortcomings in the provisions of current labor laws.

Fourth, discuss the necessity and objective requirements of perfecting the law on labor regulations in the current context of market economy and international integration.

Fifth, propose amendments and supplements to legal regulations on labor regulations based on the theory and legal status that have been studied, in order to ensure the perfection and better conformity of the law with reality.

4. Research scope and methods

Labor regulations can be studied from many different perspectives. In his thesis, the author only studies labor regulations from the perspective of jurisprudence and within the scope of labor law. Specifically, the thesis studies labor regulations according to the provisions of the 2012 Labor Code and its implementing guidelines. To deepen the research problem, depending on the content and issues raised, the thesis consults, compares, and contrasts with the provisions of labor law and related laws in Vietnam, the provisions of international law in the conventions, recommendations of the ILO and the labor laws of some countries in the world related to labor regulations.

The thesis is based on the methodology of Marxism-Leninism on State and law, dialectical materialism and historical materialism. In addition, the thesis also uses the method of analysis, comparison, synthesis, combining theory and practice to clarify issues related to labor regulations.

5. New contributions of the thesis

As a scientific work that systematically and comprehensively researches Vietnamese law on labor regulations, the thesis has the following main new contributions:

- The thesis has renewed the concept of labor regulations, at the same time clarified the nature and role of labor regulations, contributing to enriching the academic aspect of labor law science.

- The thesis has summarized the contents of the law on labor regulations and systematically analyzed these contents on the basis of ILO regulations and laws of countries around the world.

- The thesis has analyzed and evaluated relatively fully and comprehensively the current status of labor regulations in Vietnam and the implementation of these regulations in practice.

- The thesis has discussed the requirements for perfecting the law on labor regulations in Vietnam and made some recommendations to amend and supplement some provisions of the 2012 Labor Code on labor regulations in order to perfect the provisions of the Labor Code to improve the effectiveness of implementing labor regulations in labor-using units in Vietnam.

6. Structure of the thesis

In addition to the introduction, conclusion, and list of references, the research content in the thesis is structured in 03 chapters:

- Chapter 1: Some theoretical issues on labor regulations and laws on labor regulations.

- Chapter 2: Current status of Vietnamese law on labor regulations

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- Chapter 3: Implementation practices and some recommendations for improvement,

Improve the effectiveness of labor laws in Vietnam.

With a short research time, the author himself has many limitations in knowledge and experience in scientific research, so the thesis cannot avoid shortcomings and limitations. I sincerely hope that teachers and friends will give comments to make the thesis more complete.

Chapter 1: SOME THEORETICAL ISSUES ON LABOR REGULATIONS AND LAW ON LABOR REGULATIONS

1. 1. Concept of labor regulations

1.1.1. Definition

According to the Vietnamese dictionary, “rules” are defined as “regulations to ensure order and discipline in a collective or an organization” [36]. According to this definition, rules can be understood as rules, regulations, and orders that people must comply with when participating in the activities of a collective and in relations with the community. These rules are always mandatory for the behavior of each person when participating in the common activities of the collective. Therefore, rules are a means to unify the activities of individuals together to achieve certain common goals of the collective.

In the relationship between individuals and collectives, depending on the nature of social groups, there are different types of regulations, such as: school regulations, dormitory regulations, hotel regulations, etc. In which, labor regulations are a common form because labor is the main and characteristic activity of humans. According to the Vietnamese dictionary, "labor is a purposeful human activity to create material and spiritual products for society" [36]. Human labor is specific activities, taking place according to a certain process and aiming to complete previously set tasks. In reality, people often do not perform these activities individually and separately, but they often join together to do a job together. Labor is a process, to complete a task, there must be a harmonious and coordinated activity in the activities of all individuals existing in the collective. However, to ensure the operation of that process as well as the harmony between the relationships between individuals and the collective, an objective requirement arises - management.

The management of one person over another is not a product of modern society, but has appeared very early. From the very beginning, people knew how to rely on each other to hunt, gather, and fight against nature. Each individual in a group had to follow certain rules and regulations and was under the command of a leader or a group of leaders. When society developed, the division of social labor began to appear, and management became an indispensable factor to maintain labor order and social order. After thousands of years of development, management rights have become increasingly complete and rich. Marx stated: The form of labor in which "many people work side by side in a certain production process or in different production processes but are linked together, their labor is cooperative" [4]. Where there is cooperation, there is a need for management. Management appears anywhere, anytime if there are activities of many people to achieve a certain common goal.

Marx wrote: “All direct labor or collective labor carried out on a relatively large scale, to a greater or lesser extent, requires a direction to coordinate individual activities and perform common functions... A solo violinist conducts himself, while an orchestra needs a conductor” [4]. Management has the effect of directing the common activities of people, controlling and coordinating the individual activities of each individual to form a common, unified activity of the collective and directing those activities according to a unified process, in order to achieve the common goal of the collective. This argument of Marx clearly affirms the important role of management, especially management in the field of labor.

Labor management is an important form of general economic management, including many different activities, demonstrating the organized, oriented and purposeful impact of the management subject on the objects and

The object in the labor relationship is to make the most effective use of the organization's resources and opportunities to achieve the production and business goals set in the ever-changing social and economic environment. Based on the subject of labor management, two forms of labor management can be distinguished: State labor management and employer labor management. The right to state labor management is essentially the manifestation of state power in the labor field to best protect the subjects participating in labor relations, ensuring that the labor process becomes more organized and effective. One of the most effective measures of state labor management is through law. The State promulgates labor law regulations to regulate labor relations, contributing to maintaining social order and improving production and business productivity in society. The employer's right to labor management comes from the employer's role as owner of the means of production. The employer is the person who organizes, monitors, and supervises the performance of the tasks of the employee during the labor process. Because when participating in labor relations, each employee performs the obligations from the labor contract individually and individually, but the labor activities of the employee are social activities, so the effectiveness of labor activities depends on the coordination and interaction of the entire group of employees under the management of the employer. The employer is the person who benefits from the labor results of the employee, has the obligation to pay wages and other benefits to the employee from the time the labor contract takes legal effect. The employer's right to manage labor is an indispensable right in the process of maintaining the labor relationship established between the parties participating in the labor relationship. Thus, the employer's labor management activities are the rights that the State grants to employers. The implementation process

Labor management, employers must comply with regulations on recruitment, placement, and arrangement of labor use, ensuring a safe working environment for employees. The employer's right to labor management is the ability to act that the law allows employers to conduct towards employees at their labor unit in relation to the equality of labor relations.

Employers manage labor through many forms. Among them, establishing order through a system of rules in the unit is the most important and urgent. These rules are expressed in certain legal documents, which are labor regulations.

According to the Law Dictionary, labor regulations are "documents that stipulate compliance with time, technology, order in the labor unit and the management of the employer's work..." [39]. According to the opinion of the collective of lecturers of the University of Labor and Social Affairs: "Labor regulations are documents that specify the provisions of the law on labor discipline to be applied in the labor unit" [24]. The Labor Law Textbook - Hanoi Law University introduces the concept: "Labor regulations are documents issued by the employer, including general and specific rules of conduct for each type of labor or production area; acts of violating labor discipline and measures to handle those who violate labor discipline" [36]. Vietnamese labor law has provisions on labor regulations, but there is still no official unified concept of it.

Thus, from the above analysis, we can define labor regulations as follows: Labor regulations are documents issued by employers, regulating the rules of conduct that employees are required to comply with when participating in labor relations, regulating labor discipline behaviors, handling methods and material responsibilities.

1.1.2. Characteristics

First , labor regulations are issued by the employer.

In the labor relationship between employees and employers, the State has granted employers a privilege that any employer has, which is the right to issue labor regulations. This is an important content in the employer's labor management rights.

If the collective labor agreement is based on an agreement between the collective of employees and the employer, the labor contract is signed with the voluntary and unanimous will of the parties, the labor regulations are drafted and issued by the employer. Although before issuing, the employer must consult the Executive Committee of the grassroots Trade Union, the union's opinion is only of a recommendation nature, the final decision still belongs to the employer. This is the employer's privilege. This right comes from the employer's position as the owner of the employer's assets and means of production. The employer has the right to inspect, supervise, and manage its assets. Giving the employer the right to issue labor regulations is to realize the employer's autonomy in the field of labor organization and management. The labor regulations of the employer are considered the employer's own "law".

Thus, the State has recognized and granted the right to issue labor regulations to employers, creating a prominent feature of labor regulations compared to other types of internal documents in enterprises.

Second , labor regulations are normative.

This characteristic of labor regulations is shown in two aspects: labor regulations are mandatory documents for employees - or labor regulations